Probate

Probate

As per the provisions of the Indian Succession Act, 1925, a probate serves as the authoritative confirmation of a will’s validity. The probate is granted to the appointed executor or the authorized individual responsible for executing the will. Essentially, it is the probate that imparts legal validity and recognition to a will.

Probates are granted to the designated executors of a will, empowering them with the legal authority to carry out its provisions, as attested by the court’s official seal. In cases where no executors are specifically named in the will, the court may issue a letter of administration instead of a probate, providing basic authorization for the administration of the estate.

Upon filing an application for probate and subsequent verification of the will, the court assumes custody of the original document while furnishing the executor with a certificate that affirms its authenticity (known as the probate) along with a copy of the will.

Why Probate is Important –

Having established the significance of obtaining a probate for a will in India or for the executor to transfer properties to the intended beneficiaries, it is essential to understand the reasons why acquiring a probate can be crucial.

Consider a scenario where an individual has purchased/aquired shares in his name and intends to take possession of it. Since the deceased person remains the recorded owner as per the company’s records, the transfer of share may be declined unless the executor presents a probate that grants permission for the transfer.