Probate:
- Court certification of will validity
- Confirms will is genuine
- Appoints executor officially
- Authorizes estate administration

Result:
- Probate Grant (court order)
- Legal authority to act
- Third parties must comply

The Court Confirms:
1. Will is genuine
2. Testator was of sound mind
3. Will was properly executed
4. No revocation occurred
5. Executor is capable
6. No legal objections

Probate Required For:
1. Immovable property in:
   - Mumbai (Original Side of High Court)
   - Chennai (Original Side of High Court)
   - Kolkata (Original Side of High Court)

2. When challenged:
   - Disputes about validity
   - Contested wills
   - Multiple wills exist

3. Institutional requirements:
   - Some banks for large amounts
   - Insurance companies sometimes
   - Foreign assets

Usually Not Needed:
- Movable property
- Small bank accounts
- Property outside metro cities
- Registered wills (sometimes accepted)
- Uncontested succession
- When all heirs agree

Consider Probate Even If Not Mandatory:
- Large estate
- Complex family situations
- Potential for disputes
- Multiple beneficiaries
- Business interests
- For certainty and peace

Court Jurisdiction:

High Court (Original Side):
- Mumbai
- Chennai
- Kolkata
- For immovable property in these cities
- For wills of residents of these cities

District Court:
- All other areas
- State-level process
- Same effect

Determine Based On:
- Deceased's residence at death
- Location of immovable property

Primary Applicant:
- Person named as executor
- Has first right to apply
- Most common applicant

Alternative Applicants (in order):
1. Universal legatee (if any)
2. Residuary legatee
3. Any beneficiary
4. Legal heirs with interest

If Will Names Multiple Executors:
- Joint application
- Or one with consent of others
- Others can renounce

Petition Contents:
1. Deceased's details (name, date of death, residence)
2. Petitioner's details and relationship
3. Details of will (date, how obtained)
4. List of properties/assets
5. List of legal heirs
6. Value of estate
7. Request for probate grant

Annexures:
- Original will
- Death certificate
- ID proofs
- Property documents
- Affidavit of attestation

Fee Calculation:
Based on estate value
Varies by state

Example (Maharashtra):
- 2% of property value
- Minimum and maximum limits apply

Example (West Bengal):
- Ad valorem (based on value)
- Different slabs

Submit:
- Petition
- Annexures
- Court fees
- Advocate's vakalatnama

Court:
- Assigns case number
- Schedules hearing date

Public Notice Required:
- Published in newspapers
- Local and English paper
- Invites objections
- Usually 30-45 days period

Notice to:
- All legal heirs
- All beneficiaries
- Anyone with potential claim

Court Examines:
- Petition validity
- Will's proper execution
- Attestation witnesses (may be called)
- Any objections
- Executor's suitability

If Satisfied:
- Court issues Probate Grant
- Executor officially appointed
- Authority to act conferred

Grant Contains:
- Court seal
- Will certified attached
- Executor's authority statement

Mandatory:
□ Original will
□ Death certificate
□ Petitioner's ID proof
□ Address proof of deceased
□ List of legal heirs with addresses
□ Property documents
□ Valuation of estate
□ Affidavit of search (no later will)

Helpful:
□ Birth certificates (prove relationships)
□ Marriage certificate
□ Previous wills (if any, to show revoked)
□ Medical records (if soundness questioned)
□ Bank statements
□ Demat holding statements

Attesting Witness Must State:
- Witnessed testator sign
- Testator was of sound mind
- No coercion/undue influence
- Understood contents
- Signed in presence of other witness

Uncontested Probate:
- 6 months to 1 year (typical)
- Can be faster if well-prepared
- Depends on court backlog

Contested Probate:
- 2-5+ years possible
- Trial on objections
- Appeal possibilities

Preparation: 2-4 weeks
Filing and Fees: 1 week
Citation Publication: 30-45 days
Waiting Period: 45-60 days
Hearings: 2-6 months
Grant: 1-4 weeks after final hearing

Total: 5-12 months (uncontested)

Varies by State and Value:

Maharashtra:
- Scale based on estate value
- Can be significant for large estates

Delhi:
- Ad valorem fees
- Different schedule

West Bengal:
- Complex fee structure
- Based on valuation

Advocate Fees:
- Varies by lawyer and complexity
- ₹25,000 - ₹2,00,000+ for straightforward cases
- Much more if contested

Additional Costs:
- Documentation
- Notarization
- Publication notices
- Court visits
- Miscellaneous

Estate Value: ₹1 crore

Court Fee: ~₹50,000-1,00,000
Legal Fee: ~₹50,000-1,50,000
Publication: ~₹15,000-25,000
Miscellaneous: ~₹10,000-20,000

Total: ₹1,25,000 - ₹3,00,000+

(Highly variable - get specific quotes)

Will Can Be Challenged On:
1. Not genuine (forgery)
2. Improper execution
3. Testator unsound mind
4. Undue influence
5. Fraud
6. Later will exists
7. Revocation by testator
8. Legal incapacity

If Objection Filed:
1. Objector files caveats/contest
2. Court issues notice to petitioner
3. Reply filed by petitioner
4. Evidence stage begins
5. Witnesses examined
6. Arguments heard
7. Court decides

May Need to Prove:
- Testator's mental capacity
- Free consent
- Knowledge of contents
- Proper execution
- Authenticity of signature

Through:
- Medical records
- Witness testimony
- Handwriting expert
- Circumstantial evidence

Executor Can Now:
- Collect all assets
- Pay debts and liabilities
- Distribute per will
- Sell property if authorized
- Manage pending matters
- File taxes for estate
- Defend/pursue lawsuits

Executor Must:
1. Take inventory of assets
2. Pay funeral expenses
3. Pay debts of deceased
4. File final tax returns
5. Pay estate taxes (if any)
6. Distribute to beneficiaries
7. Maintain accounts
8. Report to court (if required)

With Probate Grant:
- Banks release funds
- Property can be transferred
- Shares transmitted
- Insurance claimed
- All institutions comply

Letters of Administration:
- When person dies WITHOUT will
- Or will doesn't name executor
- Or named executor unable/unwilling

Same Process:
- Application to court
- Similar timeline
- Administrator appointed

Additional Requirements:
- Last residence matters
- Consular certification may help
- Indian assets under Indian law
- Multiple probates may be needed
- Foreign death certificate attested

If Will Made Abroad:
- Probate needed in India
- For Indian immovable property
- Foreign probate not sufficient alone
- Re-sealing possible in some cases

If Original Will Lost:
- Copy can be probated
- Need strong evidence of loss
- Proof of authenticity
- Harder to get probate
- May be contested

Probate Avoidance Options:

1. Joint Ownership:
   - Survivor takes automatically
   - No probate needed

2. Nomination:
   - Quick claim process
   - (But nominee issues apply)

3. Trust:
   - Assets in trust
   - No probate for trust assets

4. Gifts During Lifetime:
   - Transfer before death
   - Nothing to probate

5. Small Estate:
   - May not need formal probate
   - Simpler processes available

Good Candidates:
- Simple estates
- Single beneficiary
- Family harmony
- No disputes expected
- Clear documentation

Problem:
- Evidence becomes stale
- Witnesses may die/forget
- Property issues arise
- Disputes have time to develop

Solution:
Apply within 6 months of death

Problem:
- Multiple hearings
- Delays
- Additional costs
- Frustration

Solution:
Prepare complete file before filing

Problem:
- Process invalidated
- Restart required
- Objections later

Solution:
Follow citation requirements exactly

Problem:
- Actions may be invalid
- Personal liability
- Third parties won't cooperate
- Legal complications

Solution:
Get probate first, then act

Testator Should:
□ Make clear, unambiguous will
□ Proper execution with witnesses
□ Keep original safe
□ Inform executor of location
□ Register will (optional but helpful)
□ Consider professional drafting

Executor Should:
□ Secure original will
□ Apply promptly for probate
□ Engage experienced lawyer
□ Prepare complete documentation
□ Be transparent with heirs
□ Maintain records of all actions