kaushikbhadra 01 December 2018

Executor-cum-Beneficiary died before applying for probate

What will the fate of the last will and testament be if the testator has died and thereafter, without applying for probate, the beneficiary-cum-executor has died ? Whose legal heirs will succeed the property ?

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 01 December 2018

Beneficiary-cum-executor is dead or not ? As you have mentioned question mark.

kaushikbhadra 01 December 2018

The beneficiary-cum-executor has died.

Adv Deepak Joshi +917017821512 (Advocate) 01 December 2018

Property will devolve in legal heirs of the testator.

A Kumar (proprietor) 01 December 2018

In case of death of an executor, Probate can be applied by any of the beneficiary mentioned in the last Will and testament of the Testator and in the case, where beneficiary also dies, then any of his legal heirs can file application for Probate.

adv Arvind Kumar