Probate of Will
Procedure for Obtaining Probate
A petition for probate must be filed in court along with the will in question. It should contain the following facts.
- the time of the testator's death
- that the writing annexed in his last will and testament
- that it was duly executed
- the amount of assets which are likely to come to the petitioner's hands, and
- the petitioner is the executor named in the will
The application for probate shall be signed and verified by the executor or beneficiary.
The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.
After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.
A general public notice is also given in a newspaper.
The petitioner is thereafter asked to establish the
- Proof of death of the testator;
- Proof that the will has been validly executed by the testator
- Will is the last will and testament of the deceased.