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Naga Balaji (Law Student.)     01 October 2011

Whether probate is neccessary for will?

In what circumstances probate is neccessary for Will?

Does law specifies

Is probate necessary to dispose of the property?

What are the circumstances in which probate is necessary?



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 4 Replies

K. GOPALAKRISHNAN (ADVOCATE)     03 October 2011

Probate of Will - In simple term, Probating a Will by a Court is Validation given by Court.  Probate of Will is taken on record by High Court only.  Presently, property lies within the metros which bequeathed through a Will is required to be probated and for other areas, as and when is notified by the Government from time to time. 

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Naga Balaji (Law Student.)     03 October 2011

Sir,

What are the procedure to be adopted to probate the unregistered will?

What are the forms to be filled?

How much time will it take?

What is the legal effect of probate and the will?

Is probating is compulsory before getting registered in the sub register office?

K. GOPALAKRISHNAN (ADVOCATE)     04 October 2011

An original Peition to be filed in the High Court, for which you must approach an advocate who is well practised in the Original Side of the High Court.  On filing the above original petition, the Court will commence its process.  A court fee of 3% of the market value of the property to be affixed along with the petition.  Conclusively, the Court will issue probate of the Will.  In the normal course of the court procedure, it will take atleast 9 months to 1 year for issuance of the probate.  It is compulsory to get the Will probated by the beneficiary of the Will to proceed with the property bequeathed under the Will. 

Jude (Hr)     26 November 2011

The probate bare for a will depends on the size of an estate. Generally it is important to go through probate or, in the case of abate estates. The aboriginal above affair to be bound through the probate action is the descripttion of title for the property of the estate.

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Learn more about:

Massachusetts Probate Attorney | Massachusetts Estate Planning


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