If the execcutor has not obtained the probate of a will for past 10 years, then how to obtain the probate of a will ?
Jayanti Devi (Student) 24 August 2018
If the execcutor has not obtained the probate of a will for past 10 years, then how to obtain the probate of a will ?
Adv Deepak Joshi +917017821512 (Advocate) 24 August 2018
Dear querist,
There is no time limit for applying for probate.
You can make application now, generally within three years probate should be made. You need to satisfy court why you delayed.
Thanks and Regards
Deepak Joshi & Associates
Djaa.legal@gmail.com
Mb/whatsapp +919456777600
Aks 26 August 2018
Mr Joshi is correct. There is no time limit to get Will probated. If executor has not filed for probate of Will for such a long time, you, as beneficiary can file for Letter of administartion with Will annexed under section 276/78 indian succession act. It usually takes about 6 to 8 months if other legal heirs donot come to fight against the Will. If they come to fight,and dispute the Will , it can take 1 to 3 years .