Probate of Will
The High court grants probate with the court seal and a copy of the Will attached. A statement of legal intent that a person wants to make after death. A person who wants to give their property to his descendants makes a will. The deceased mentions the names of only these people in the choice.
The executors execute the Will. Probate is a process that allows and authenticates the Will finally. Therefore, it is essential to know the process of obtaining the Probate of Will.
The Duty Of The Executor
The executor, who has the right to execute the Will, acts as a Petitioner and can file a petition. They can only file a petition after paying applicable court fees. It depends upon the value of the assets before the competent court. This pecuniary jurisdiction requires a higher court to grant Probate for high-valuable immovable assets. One needs the help of an advocate for this process. The court usually asks for proof of the testator’s death from the Petitioner. They also ask for evidence that the testator properly executes the Will.
They also clear whether it is the last will of the deceased. Once the court receives the court petition, it grants notice to the dead’s next of kin to file the objections. It also indicates and notifies the publication of a citation on board to the general public. In any case where there is no objection, the next of kin of the deceased files their respective consent to the issue of Probate then the court grants the Probate. But if, in a case, the kin of the dead files a separate objection to the grant of Probate, then the petition filed will become the testamentary suit. This enables the parties to lead evidence in the matter.
Who is eligible for Probate?
The application that an executor sends to the court for the Will must attach the original Will to the application. This application includes the name and address of the legal heir of the deceased so that they can be notified before the Will is approved. The death certificate issued by the local authority is required by the court as a plaintiff to provide evidence of the testator’s death. The executor also needs to prove that the Will submitted to the court was as per the testator’s last Will. Also, they are obliged to make the applicant the testator legally executes the Willhe testator.
There are many challenges to the Probate of Will. In most cases, the court strictly abides by the Will as the testator no longer exists for the defense part. Making a Will is a time-consuming process that the executor performs. The responsible testator has to spend a lot of money and time paying the court fees depending on the value of the inherited property. In some instances, it is compulsory to apply for the Will; in other cases, it is not mandatory.