What is a Probate Application? Filing Process, Cost, etc

What is Probate?

The legal authority to handle an individual’s estate after their death is known as probate. This gives an executor or administrator the authority to sell and divide the deceased person’s belongings. This will cover their assets, cash and other private belongings like a vehicle, jewellery and home furnishings.

The estate could not need probate because it is a small estate, depending on the value of its assets and how they are held.

Requirement of Probate of Will in India

In India, the jurisdiction and state-specific rules determine whether a will needs to be probated. The Indian Succession Act, 1925, which applies uniformly to all Indian nationals regardless of their religion, governs probate regulations. 

The following are important details about a will’s need for probate in India:

1. Compulsory in Some States: Probate is mandatory in some states to validly execute or enforce wills. These wills must be filed with the court for probate and must obtain court approval to be effective. Usually, this requirement is necessary for wills on immovable properties, that is, lands and houses.

2. Optional in Some States: In some states, however, probate may sometimes be left at the discretion of the executor or beneficiaries with regard to a will. Their prerogative would then be either applying for or not applying for probate. Other disputes cause legal implications, probate validates the genuineness and due genuineness of the will. Oftentimes, bequests are likely to give rise to actual transactions due to property interests in tangible and physical assets.

3. Exemption of Probate: Exemptions from such mandatory probate requirement are also provided. An example of this would be having either wholly movable assets or estates of the deceased, like bank accounts, securities or personal items, which may not need to be probated but usually passed to the legal heirs through the process of “Succession Certificate” or “Letter of Administration.” 

4. Power of Jurisdiction: The probate is granted with the jurisdiction of the District Court or High Court, depending on the value and nature of assets. 

5. Process: The executor or any other interested party will have to file a petition in the appropriate court to take probate. Next, the court will examine and ensure that the will meets all legal requirements and that the executor is correctly appointed.

If everything is okay the probate will be granted affirming the authenticity of the will and allowing the executor to administer the estate. 

6. Challenges and Disputes During the Probate: Such parties might, though, then and there, in the process of granting probate, which means eidolates may raise pleas or may assert claims against the wishes by the decedent.

Benefits for Probate of Will

A will’s probate offers a number of advantages that guarantee a fair and efficient transfer of a deceased person’s assets while giving everyone concerned legal protection. 

1. Legal Validity: The will’s legal validity is established through probate. The document is examined by the court to make sure it satisfies all legal criteria, including being witnesses and properly signed. This procedure aids in avoiding disagreements and objections to the will’s validity.

2. Executor’s Authority: A personal representative or executor is chosen by the probate process to manage the estate. The court has given this individual legal authority to execute the deceased’s intentions and manage the will’s wealth distribution.

3. Protection of Creditors: Probate offers a way to locate and inform creditors of the death of the decedent. This shields the estate from future creditor claims by guaranteeing that valid debts are paid off before the assets are given to beneficiaries.

4. Asset Protection: The deceased’s assets are protected until they are distributed during probate. This lowers the possibility of asset theft or poor management by preventing unauthorized access to or disposal of assets.

5. Dispute Resolution: Probate offers a venue for settling disagreements or difficulties that might come up in relation to the will or asset distribution. The court will base its ruling on the relevant statutes after hearing objections from interested parties.

6. Transferring Real Estate Title: Probate is frequently required to give the beneficiaries title to immovable property, such as a home or piece of land, if the will contains such property. The order from the probate court is proof of the ownership transfer.

7. Finality and Closure: The distribution of the deceased’s estate is given a sense of closure through probate. The beneficiaries can rest easy knowing that the assets have been allocated in accordance with the terms of the will when probate is finished.

8. Beneficiary Protection: Probate guarantees that the beneficiaries get the inheritance that is rightfully theirs under the terms of the will. Additionally, it shields them from possible deception or improper influence that could otherwise change how assets are distributed.

9. Public Record: The distribution of the estate is made public through probate, which can help with transparency and fraud prevention. 

Checklist for Probate of Will

To make sure that all required actions are performed and that crucial documents are obtained throughout the probate procedure, a will probate checklist can be a helpful tool. A thorough checklist to help you navigate the probate process is provided below: 

1. Obtain the Original Will: The probate process will require the original copy of the deceased’s will, so find it. Retrieve the will if it was kept in a safe deposit box, with a bank or with an attorney.

2. Death Certificate: As it will be needed for a number of legal and financial issues, get several copies of the death certificate.

3. Determine and Inform Heirs and Beneficiaries: Make a list of every heir and beneficiary included in the will. Inform them of the passing and their responsibilities during the probate procedure.

4. Executor or Personal Representative: Determine who is listed in the will as the executor. Ascertain who will function as the estate’s personal representative in the event that no executor has been chosen or that the appointed individual is unable to do so.

5. Consult an Attorney: To ensure compliance with all legal requirements and to gain an understanding of the particular probate laws and processes in your jurisdiction, seek legal advice from a probate attorney.

6. File the Will with the Probate Court: To start the probate process, send the original will to the relevant probate court with the necessary paperwork.

7. Petition for Probate: Draft and submit a formal request to the court to acknowledge the validity of the will and designate the executor or personal representative.

8. Notice to Interested Parties: To provide interested parties a chance to contest the will if needed, publish a notice of the probate proceedings in the local newspaper or notify them directly.

9. Asset Inventory: Make a thorough list of all the deceased’s possessions, such as bank accounts, real estate, investments, personal items and other items.

10. Asset Valuation: To ascertain the fair market worth of valuable items, such as jewelry, collectibles and real estate, get expert appraisals. 

11. Pay Taxes and Outstanding bills: Determine and pay off any unpaid bills, such as credit card balances, mortgages, loans and burial costs. Compute and pay any necessary estate taxes as well.

12. Bank Accounts and Investments: To manage financial transactions and transfer any money from the deceased’s investments or accounts to the estate account, open an estate bank account.

13. Manage the Estate: As the personal representative or executor, oversee the estate’s assets, keep thorough records of all transactions and prepare thorough income and expense reports. 

14. Final Tax Returns: Compile and submit the deceased’s last income tax return and, if relevant, their estate tax return.

15. Asset Distribution: In accordance with the terms of the will, divide the residual assets to the beneficiaries after all obligations, taxes and fees have been covered.

16. Final Accounting and Closing: Compile a final accounting of the estate’s dealings and submit it for approval to the court. Request that the probate matter be closed when the court has approved the accounting.

17. Obtain Releases and Receipts: To verify that beneficiaries have acknowledged the distribution, get their releases and receipts once they receive their portion of the estate. 

18. File Closing Documents: To formally end the probate process, submit the required closing documents to the probate court. 

What does a small estate mean?

Although there is no predetermined definition of a tiny estate, if the deceased had little savings or owned assets jointly with someone else, probate may not be required. Each asset holder will determine if probate is necessary.

Financial organisations

The assets and, in particular, the financial institutions involved determine whether an estate is deemed tiny. Every bank has a cap on how much they will pay out in the absence of probate.

While some financial institutions will look at each account separately, others will add up all of the accounts. 

Joint assets

The requirement for probate can be determined by an asset’s value as well as how it is held. Every asset is either held jointly with another individual or in the single name of the individual.

Jointly held assets typically transfer to the surviving owner without the requirement for probate. Typically, the financial institution will just need a copy of the death certificate. 

Property and land

Depending on how it is owned, property and land pass differently. There are several methods to hold a property, including sole proprietorship, joint tenancy and tenants in common.

The land and property will either transfer to the surviving co-owner or in line with the terms of the owner’s will and estate, depending on who owns it.

When a deceased person and another co-owner own a property as joint tenants, ownership will instantly transfer to the co-owner through the Right of Survivorship without the requirement for probate. In this instance, the co-owner’s passing is reported to the Land Registry. Probate is typically necessary if the property is owned in any other way. 

Do you need to apply for probate?

Determining the deceased’s assets is the first stage. After that, you can get in touch with the asset providers to find out if probate is required in order to access their assets. Each organization has its own set of regulations.

You must get a Grant of Representation for the entire estate if only one financial institution needs one before cancelling the account. Therefore, it’s critical to determine whether a grant is required as soon as feasible and get in touch with the asset holders right once. 

How do you wind up a small estate?

The process of winding up a minor estate can be straightforward once the actual value of the estate and the needs of each asset provider have been established and a Grant of Representation is not required.

In order to verify that the asset holder has passed away, the majority of providers will need a copy of the death certificate. A Small Estate Declaration is a document that the organization would typically provide for the executor or administrator of the estate to sign if the asset can be closed or transferred without the requirement for probate.  

This declaration will contain an indemnity in which the executor or administrator attests that no grant application is being made, that the asset’s value is below the necessary level and that the signer is authorized to do so.

A copy of the will, identification and marriage certificates may also be requested by certain providers. The provider can use these documents as proof that they are paying and interacting with the right person or people. 

Key Costs Involved In The Probate Application Process

Court fees, legal fees and administrative expenditures are only a few of the costs associated with the probate procedure.

The valuation of the estate, the difficulty of the probate process and the jurisdiction in which the probate is filed can all affect these expenses. 

1. Court Fees

One of the main expenses related to the probate process is court fees. These costs can differ from state to state and are usually determined by the estate’s worth.

Probate court fees in India are typically a % of the estate’s total worth and are due at the time the petition is filed. 

• Percentage-Based Fees: The probate court costs in many states are determined by taking a percentage of the estate’s worth. For instance, the court costs could amount to two to three percent of the total assets under probate.
• Fixed Fees: Regardless of the worth of the estate, there may occasionally be a set court fee for probate. Smaller estates or streamlined probate procedures are more likely to experience this. 

2. Legal Fees

Another substantial expense related to the probate process is legal fees. The attorney or legal person in charge of the probate process receives these fees.

The intricacy of the lawsuit, the estate’s worth and the attorney’s background can all affect how much legal fees cost. 

• Hourly Fees: A lot of attorneys bill by the hour for their probate services. The amount of time spent on the case will determine the final cost.
• Flat Fees: For conducting probate, some attorneys may charge a flat cost that includes all legal services associated with the procedure. 

3. Administrative Costs

Expenses incurred during the probate procedure, such as the price of acquiring certified copies of the Will, death certificate and other legal papers, are included in administrative fees.

Postage, other administrative fees and notice publication charges are also included in these costs. 

• Document fees: Although they are typically small, the cost of acquiring certified copies of legal documents can mount up if more than one copy is needed.
• Publication Fees: To notify the public of the probate proceedings, the court may occasionally mandate that notifications be placed in local newspapers. The length of the announcement and the newspaper determine the publication cost. 

4. Executor Fees

If the testator allows it, the executor or personal representative of the estate is entitled to payment for their services.

In certain situations, the executor’s fee may be specified in the will; in other situations, the court may decide on a fair price based on the estate’s worth and the difficulty of the probate procedure. 

• Percentage of Estate: The worth of the estate as a whole is frequently used to compute executor fees. This proportion could be anywhere between 1% and 5% of the estate’s worth.
• Fixed price: Regardless of the worth of the estate, the executor may occasionally be paid a set price for their services. 

Factors Influencing Probate Costs

The total cost of probate in India can vary depending on a number of factors. You can estimate future costs and make appropriate plans if you are aware of these aspects.

1. Size and Complexity of the Estate

Probate expenses are heavily influenced by the size and complexity of the deceased person’s estate.

Larger estates with a variety of assets, such as investments, real estate and business ventures, usually cost more to manage since they take more time and effort. 

• Valuable Assets: Court fees, legal fees and administrative expenses may be greater for estates with valuable assets, such as real estate.
• Multiple Heirs: To guarantee that the assets are allocated equitably and in accordance with the will, estates with several heirs or beneficiaries may need extra legal assistance. 

2. Disputes Among Heirs

The cost of probate can be greatly increased by disagreements amongst heirs or beneficiaries.

The court may demand more hearings, court filings and other processes to settle the disagreement if one or more heirs contest the Will or voice complaints during the probate process. 

• Will Contests: The probate procedure may become more difficult and costly if an heir challenges the validity of the will.
• Family Disputes: Long-running court disputes resulting from disagreements among family members over the division of assets can raise probate expenses. 

3. Location of the Estate

The cost of probate may also be impacted by the jurisdiction in which it is filed.

In India, administrative expenses, legal processes and court fee systems vary by state. 

• State-Specific Court Fees: Probate court costs might differ greatly between states. Knowing the fee schedule in the state where the probate is being filed is crucial.
• Local Legal Practices: Depending on the availability of competent probate attorneys and local legal practices, legal fees and administrative expenses may also differ. 

Probate Application Format

[Court Name]
[Court Address]
[City, State, ZIP Code]

Date: [DD/MM/YYYY]

To,
The Honorable Judge,
[Name of the Court],
[Address of the Court],
[City, State, ZIP Code].

Subject: Application for Grant of Probate of the Last Will of [Deceased’s Full Name]

Respected Sir/Madam,

I, [Applicant’s Full Name], son/daughter of [Father’s Name], aged about [Age] years, residing at [Applicant’s Address], hereby submit this application for the grant of probate of the last will and testament of [Deceased’s Full Name], who passed away on [Date of Death], at [Place of Death].

1. Details of the Deceased:

• Name: [Deceased’s Full Name]
• Date of Birth: [Deceased’s Date of Birth]
• Date of Death: [Deceased’s Date of Death]
• Address at the time of death: [Deceased’s Address]
• Nationality: [Nationality of the Deceased]

2. Details of the Applicant:

• Name: [Applicant’s Full Name]
• Relationship to the Deceased: [Relationship]
• Address: [Applicant’s Address]
• Occupation: [Occupation of Applicant]

3. Details of the Will:

• Date of Execution of the Will: [Date]
• Testator: [Deceased’s Full Name]
• Executor(s) Named in the Will: [Executor’s Name(s)]
• Nature of the Will: [Original Will or a Copy]

4. Facts Supporting the Application:

• The testator, [Deceased’s Full Name], made and executed the last will on [Date] and the same was duly signed by the testator in the presence of two witnesses.
• The original will is in the custody of [Name of Custodian, if applicable].
• The testator has not revoked or altered the will in any manner since its execution.
• The testator was of sound mind and body at the time of executing the will.
• No other will or testament has been found or presented that revokes or supersedes this will.
• The applicant is entitled to apply for the grant of probate as the [executor/beneficiary/relative] under the will.

5. Documents Submitted:

• Original Will or a Copy of the Will (Annexure A)
• Death Certificate of the Deceased (Annexure B)
• Proof of Identity of the Applicant (Annexure C)
• Proof of Address of the Applicant (Annexure D)
• Affidavit of the Applicant (Annexure E)
• Witness Statements (if applicable)
• Any other relevant documents

6. Prayer for Relief: In view of the above, I humbly pray that this Honorable Court may be pleased to:

1. Grant probate of the last will and testament of [Deceased’s Full Name].
2. Appoint [Executor’s Name] as the executor of the will.
3. Issue any other order that this Honorable Court deems fit and proper in the interest of justice.

Date: [DD/MM/YYYY]
Place: [City/Location]

[Signature of the Applicant]
[Full Name of Applicant]
[Address]
[Contact Details]

Process Of Obtaining Probate

Depending on the value of the deceased’s inheritance, a petition must be filed with the High Court or District Court in India to get probate of a will. The steps are as follows:

File a Probate Petition

Anybody with an interest in the estate, including the executor specified in the will, must submit a probate petition to the court. The following details must be included in the petition:

• The name and address of the deceased
• The date of death
• The value of the estate
• A copy of the will
• The names and addresses of the beneficiaries

Submit Documents

The following paperwork must be submitted by the petitioner with the probate petition:

• Death certificate
• Proof of identity and address of the executor
• Affidavit of witnesses
• Valuation of assets

Court Hearing

After that, the petition will be heard by the court. The court will review the materials and maybe hear witness testimony during the hearing. The court will award probate if it is convinced that the will is legitimate.

Grant of Probate

A document known as the probate copy will be given to the executor upon the granting of probate. This document serves as official proof of the validity of the will and the executor’s competence to manage the estate. 

When Is a Probate of Will Necessary?

Certain situations, which usually rely on the kind of assets involved, the amount of the estate and the particular rules of the jurisdiction, call for a probate of a will.

Probate of a will may be required in the following typical circumstances: 

1. Ownership of Immovable Property: Probate is typically necessary to give the beneficiaries listed in the will ownership of any immovable property owned by the deceased, such as homes, land or real estate.

2. Big Estates: Probate is required in many countries for estates worth more than a specific amount. Local legislation may have an impact on the precise threshold.

3. Legal Requirement: Regardless of the size of the estate or the kind of assets involved, several jurisdictions have rules that require probate for all wills.

4. Verifying the Will: Probate is a legal procedure used to confirm the will’s legitimacy. This lessens the possibility of disagreements and problems relating to the validity of the will. 

5. Designating an Executor: Probate designates a personal representative or executor who is legally empowered to manage the estate, manage assets and allocate them to beneficiaries in accordance with the will.

6. Creditor Protection: Probate offers a way to locate and inform creditors of the death of the decedent. This shields the estate from future creditor claims by guaranteeing that valid debts are paid off before the assets are given to beneficiaries.

7. Asset Distribution: Probate is typically required to transfer assets to beneficiaries if the deceased had them in their individual name without shared ownership or beneficiary designations. 

8. Lack of Beneficiary Designations: Probate may be necessary to transfer assets if certain insurance policies or bank accounts lack designated beneficiaries or if the beneficiaries outlived the deceased.

9. Difficulties and Disputes: Probate offers a courtroom for settling any disagreements or difficulties that might come up with the will or asset distribution. 

When to Apply for Probate of Will?

The laws of the particular jurisdiction and the estate’s circumstances determine whether it is suitable to petition for probate of a will. Applying for probate as soon as the testator (the person who made the will) passes away is generally advised.  

Here are some key factors to consider when deciding when to apply for probate:

1. Prompt Action: It is generally advantageous to apply for probate as soon as possible since this helps start the legal procedure earlier and makes it easier to administer the estate in a timely manner.

2. Validity of the Will: It is essential to confirm that the will is legitimate and complies with all legal criteria prior to submitting an application for probate. It is crucial to obtain legal counsel from a probate attorney if there are any questions regarding the will’s legitimacy or authenticity.

3. Notification of Beneficiaries: Explain the testator’s death and their responsibilities during the probate process to the beneficiaries listed in the will. Delays and misunderstandings can be avoided with early communication. 

4. Asset Inventory: Compile a thorough list of the deceased’s assets and obligations prior to requesting probate. The probate procedure will go more smoothly if this information is available.

5. Executor Identification: Determine who the will appoints as the executor or personal representative. Choose a personal representative and get their approval if no executor is chosen or if the designated individual is unable or unwilling to serve.

6. Potential disagreements: Getting legal advice prior to requesting probate might assist foresee and resolve any potential disagreements among beneficiaries or challenges to the validity of the will. 

7. Estate Complexity: Take into account the intricacy of the assets and the estate. To collect the required paperwork and finish the probate process, some estates can need extra time and work.

8. Creditors and bills: Determine and settle any unpaid bills that the deceased may have due. To safeguard the estate and guarantee a seamless transfer of assets to heirs, these debts must be settled prior to submitting an application for probate.

9. Jurisdictional Differences: Know if the applicable jurisdiction has any particular waiting periods or deadlines for submitting an application for probate. Rules and deadlines for probate applications may differ by area. 

List of Documents Needed for Probate of Will

In India, the following paperwork is needed to apply for a will’s probate:

• Original will
• Death certificate
• Proof of identity and address of the executor
• Affidavit of witnesses
• Valuation of assets

What is a Grant of Probate?

“Why do I need a Grant of Probate?” is a question I get asked frequently. Because a friend or family left a will, clients frequently assume that this is all they need to handle the deceased’s affairs. This is true in certain situations, however obtaining a Grant of Probate is frequently required.

The document that attests to the executor(s) of a will—the person or people in charge of carrying out the wishes stated in the will—having the power to manage the assets of a deceased person is known as a Grant of Probate.In order for assets to flow according to the norms of intestacy—which specify who benefits in the absence of a will—a Grant of Letters of Administration is necessary if a person passes away intestate or without leaving a will.

What is the necessity for a Grant of Probate, then?

It is necessary to grant the executor or executors legal authority as well as to reassure and safeguard anyone holding funds on behalf of the deceased or wishing to buy assets from the executor.  

What is the process for obtaining a Grant of Probate?

Since the Grant of Probate is really just a set of promises made by the Executor or Executors, the actual procedure of obtaining it should be rather simple. According to the Non-Contentious Probate (Amendment) Rules 2018, which went into force on November 27, 2018, executors are required to read a declaration of fact. 

Who Can Apply for a Probate?

The executor or personal representative specified in the will itself is usually the person who may request a probate of a will. After their death, the testator (the person who created the will) appoints this person to manage the estate and carry out the directives stated in the will.

The following are important details regarding who is eligible to petition for a probate: 

1. Executor or Personal Representative: In the will, the testator names an executor who will oversee the probate procedure and manage the estate. In order to guarantee that the deceased’s desires are carried out, obligations are paid off and assets are allocated to the beneficiaries in accordance with the terms of the will, the executor’s job is essential.

2. Will Nominee: The primary authority to request a probate is vested in the individual designated as the executor or personal representative in the will. To assume this role, the nominee needs to be a mentally capable adult.

3. Alternate Executor: In certain situations, if the principal executor is incapable or unwilling to carry out the duties, the testator may designate a replacement or alternate executor. The alternate executor may apply for probate in the event that the primary executor is unable to do so.

4. No Executor Named: The court may designate an administrator or personal representative if the will does not name an executor or if the named executor is incapable or unwilling to carry out their duties. Depending on the situation, the court-appointed administrator could be a professional administrator or a family member. 

5. Previous Executors or Administrators: The court may take into account prior executors or administrators when deciding who is eligible to petition for probate if the dead died intestate (without a will) or if they had a prior will with a different executor specified.

Frequently Asked Questions on Probate Application for Small Estates

Q1. Is probate of will mandatory?

Ans1. Only in the event that the will or codicil was made in one of the three Presidency towns—Kolkata, Chennai or Mumbai—or if the immovable property is located there is a probate required. Probate is optional otherwise.

Q2. Can property be transferred without probate in India?

Ans2. The Indian Succession Act’s Section 211 vests property in the executor regardless of whether probate is granted, the Supreme Court has reaffirmed. However, until probate is granted, the executor’s ability to transfer property is still restricted [Mohamed Salman Noorani VS Radhika Bhargava – Bombay].

Q3. How can I avoid probate in India?

Ans3. How to Avoid Probate? There are a few ways to avoid probate in India: Hold assets in joint tenancy with right of survivorship: This means that when one joint tenant dies, the surviving joint tenant automatically becomes the owner of the asset.

Q4. क्या भारत में प्रोबेट के बिना संपत्ति हस्तांतरित की जा सकती है?

Ans4. सर्वोच्च न्यायालय ने दोहराया है कि भारतीय उत्तराधिकार अधिनियम की धारा 211 के तहत निष्पादक में संपत्ति का निहित होना प्रोबेट के अनुदान से स्वतंत्र है, लेकिन निष्पादक की संपत्ति हस्तांतरित करने की क्षमता तब तक सीमित है जब तक प्रोबेट प्राप्त नहीं हो जाता [मोहम्मद सलमान नूरानी बनाम राधिका भार्गव – बॉम्बे]।

Q5. What is the alternative to probate a Will in India?

Ans5. However, you may choose not to probate the will for any reason. A family settlement deed among all the legitimate heirs can be made and registered. After that, the customers ought to have no issues. All legitimate heirs must sign the settlement deed before it is registered.

Q6. What happens if property is not transferred after death?

Ans6. In the absence of a will, intestate succession laws will be used to transfer property. To claim the property, the rightful heirs will have to go to court. Given that each claimant must demonstrate their eligibility to inherit, this procedure may be drawn out and occasionally controversial.

Q7. What is the meaning of probate in handling a deceased person’s estate?

Ans7. Probate is the legal process granting an executor or administrator the authority to manage a deceased individual’s estate. This includes selling and distributing assets such as property, cash and personal belongings.

Q8. What qualifies as a small estate for probate purposes?

Ans8. A small estate generally refers to one with minimal assets or jointly held assets, where probate may not be required. The definition of a small estate varies and depends on the financial institution and asset holders.

Q9. Is probate mandatory for jointly held assets?

Ans9. Typically, probate is not required for jointly held assets as they transfer automatically to the surviving owner upon the death of one owner. A death certificate is usually sufficient for this transfer.

Q10. What happens to property owned by the deceased without a will?

Ans10. If the deceased did not leave a will, their property is distributed according to intestate succession laws. Legal heirs must approach the court to claim the property, which can be a time-consuming process.

Q11. How can I determine if probate is necessary for a small estate?

Ans11. To determine if probate is needed, identify the deceased’s assets and consult the financial institutions or asset providers. They will inform you if a Grant of Probate is required.

Q12. Can I avoid probate for transferring property in India?

Ans12. Yes, probate can be avoided by holding assets in joint tenancy with the right of survivorship or creating a family settlement deed with all legal heirs. Proper documentation and registration are necessary for such alternatives.

Q13. What documents are required for winding up a small estate without probate?

Ans13. Documents typically required include the death certificate, Small Estates Declaration, proof of the executor’s identity and sometimes a copy of the will or marriage certificate. These help verify the authority to handle the estate.

Q14. What is a Grant of Probate and why is it necessary?

Ans14. A Grant of Probate is a legal document that confirms the executor’s authority to manage the deceased’s assets. It is necessary to protect asset holders and ensure the executor has the legal authority to handle the estate.