Will Probate
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Will Probate refers to the legal process of validating a deceased person’s last Will and Testament in Court. ...
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How to get Will Probate
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Schedule call with the Lawyer
Discuss requirements & shares details of Will
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Application Filing in Court
Submission of documents & filing of application in Civil Court
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Court Procedure
Court proceedings take place
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Will Probate done
Will Probate is done by the Court
Schedule call with the Lawyer
Discuss requirements & shares details of Will
Application Filing in Court
Submission of documents & filing of application in Civil Court
Court Procedure
Court proceedings take place
Will Probate done
Will Probate is done by the Court
Contents of a Will Probate
Will Draft
The primary document that governs the distribution of the deceased person's assets is the will. The will should be submitted to the court as part of the probate process.
Petition for probate
The executor of the estate files a petition for probate with the Court. Drafting of the petition requires expertise of a Succession Lawyer.
Inventory of assets
The executor creates an inventory of the deceased person's assets, including bank accounts, real estate, investments, and personal property. This inventory is submitted to the Court as part of the probate process.
Notice to creditors
The executor must also provide notice to the deceased person's creditors, informing them of the probate and giving them an opportunity to make a claim against the estate.
Payment of debts and taxes
The executor is responsible for paying any outstanding debts and taxes owed by the estate. This may involve selling assets or using funds from the estate to satisfy these obligations.
Distribution of assets
Once all debts and taxes have been paid, the executor will distribute the remaining assets to the beneficiaries named in the Will.
Final accounting
The executor must provide a final accounting of the estate's assets, liabilities, and distributions to the court and the beneficiaries.
Benefits of Will Probate
Ensuring proper distribution
Ensures proper distribution of assets according to the deceased person's wishes or according to state law if there is no Will.
Protection against fraud
Prevent frauds or undue influence in the distribution of the estate. The Court oversees the process to ensure that all claims are legitimate and that the distribution is fair and lawful.
Payment of debts
Allows for the payment of the deceased person's debts and taxes. This helps to ensure that creditors are paid, and it also prevents the heirs from being held responsible for any outstanding debts.
Finalizing the deceased person's affairs
Ensures transfer of property, closing of accounts, and resolution of any outstanding legal matters.
Protection of the executor
The executor of the estate is protected from any legal liability that may arise from the administration of the estate.
List of documents required for registering a Will Probate
Original Will
The original copy of the Will that needs to be probated.
Death Certificate
The official death certificate of the deceased.
Proof of Identity
Identity proof of the executor or the person applying for probate (e.g., Aadhar card, passport, voter ID).
Affidavit
An affidavit from the executor confirming the Will is genuine and that they are the rightful executor.
List of Assets
A detailed list of the deceased’s assets, including property, bank accounts, investments, etc.
No Objection Certificate (NOC)
If applicable, NOCs from legal heirs who are not beneficiaries under the Will.
Court Fee
Payment of the applicable court fee for filing the probate petition.
Legal Notices
Notices served to all legal heirs, informing them of the probate proceedings.
Registration Process
1
Discuss your requirements with the Lawyer
2
Lawyer prepares the application
3
Application is filed in the Court
4
Court proceedings take place
5
Will Probate is done
Deliverables
Consultation with experienced Succession Lawyer
Application Filing
Court proceedings taken care of end to end
Will Probate by Court
Frequently asked Questions
What is probate?
Probate is the legal process by which a deceased person’s assets are distributed to their heirs and beneficiaries. The process typically involves the validation of the will, the payment of debts and taxes, and the distribution of assets.
When is probate necessary?
Probate is necessary when a person dies with assets in their name alone that need to be transferred to their heirs or beneficiaries. The process is typically required when there is no joint ownership or beneficiary designation that would allow for automatic transfer of assets.
Who is involved in the probate process?
The executor of the will is typically responsible for managing the probate process. This may involve working with an attorney, filing documents with the court, and managing the deceased person’s assets.
How long does probate take?
The length of the probate process can vary depending on the size and complexity of the estate, as well as the laws of the state or country in which the probate takes place. Some probate cases can be completed in a few months, while others may take several years.
What are the costs of probate?
The costs of probate can vary depending on the size and complexity of the estate, as well as the fees charged by attorneys, appraisers, and other professionals involved in the process. These costs are typically paid by the estate.
Can the will be contested during probate?
Yes, the will can be contested during probate if there is reason to believe that it is invalid or if there are disputes among the heirs or beneficiaries. This can result in delays and additional costs for the estate.
What happens if there is no will?
If there is no will, the distribution of the deceased person’s assets will be governed by the laws of the state or country in which they lived. The probate process will still be necessary to transfer ownership of the assets to the heirs or beneficiaries.
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Reviews
4.8
Vijay Sharma
Trust and expertise are what you need when you're going through the probate process, and ezyLegal delivers on both. Their team ensured that the Will was scrutinized thoroughly by the court and that all legal protocols were followed. Their service made a complex process much more straightforward.Pooja Patel
ezyLegal's Will Probate service is a lifesaver. The team's understanding of the probate court procedures and legal requirements is top-notch. They handled everything with utmost professionalism, allowing me to focus on grieving and healing. I couldn't have asked for a better experience.Anil Kumar
The probate process can be a legal maze, but ezyLegal's Will Probate service made it straightforward. They took the time to review the Will meticulously, verifying its validity and ensuring it was properly executed. Their expertise gave me the peace of mind I needed during a challenging period.Shalini Nair
I was completely lost when it came to understanding the legalities of Will probate. ezyLegal's team provided exceptional guidance, ensuring that the will met all legal requirements. Their professionalism and attention to detail made a complicated process much more manageable.Ramesh Gupta
Dealing with the probate process after the loss of a loved one is emotionally draining. ezyLegal's Will Probate service was a beacon of support during this difficult time. Their team's expertise in navigating the complexities of the probate court was invaluable. They ensured that the will was validated swiftly and that the assets were distributed as intended.
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