execution of will

probate a will

LETTER OF ADMINISTRATION

• A certificate granted by the competent court to an administrator
• Where there exists a WILL
  • authorizing him to administer the estate of the deceased in accordance with the WILL.
  • where a WILL does not name any executor,
    • an application can be filed in the court for grant of Letter of Administration for the property.
• And in accordance with law where the deceased has died intestate.

A PROBATE

• Probate means
  • the copy of the will is given to the executor
  • together with a certificate granted under the seal of the court
  • and signed, by one of the registrars, certifying that the will has been proved
• The application for probate shall be made by petition to the court of competent jurisdiction.
• A copy of the last will and testament of the deceased should be annexed to the petition.
• The copy of the will and the copy of the grant of administration of the testator's estate together, form the probate.
• It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.
• A probate is obtained to authenticate the validity of the will.
• The probate is still the only proper evidence of the executor's appointment.
• The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator.
• Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased.

A SUCCESSION CERTIFICATE

• Succession Certificate can be granted by the court to realize the debts and securities of the deceased and to give valid discharge.
• A succession certificate is a certificate when granted to the person empowers the person
  • to receive interest or dividends
  • negotiate the transfer or any of them
  • with respect to the securities of a deceased person
    P.S: Securities means any bond, stock, debenture or security
• He is required to dispose of the amount so realised in accordance with the rights of the person entitled thereto.
• The person requiring the Succession Certificate may
  • File an application in the court, where the properties of your deceased relative are situated or where he / she normally resided.
    • Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court].
    • With the names of all other heirs of your late relative as the respondents in the matter.
  • Who may after notice to all concerned and a newspaper notice is also ;issued apart from mandatory notice to the respondents.
  • Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection.
  • The court passes the orders for issuance of the Succession Certificate to the person/s making such an application.
• Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) to be submitted in the court, where after the Certificate is typed by the court staff, duly signed and sealed and delivered.
• The certificate takes about 3-4 months from date of filing to receive your certificate.