{"id":8687,"date":"2017-11-29T09:39:57","date_gmt":"2017-11-29T09:39:57","guid":{"rendered":"https:\/\/legaldesk.com\/?p=8687"},"modified":"2026-07-13T11:45:41","modified_gmt":"2026-07-13T11:45:41","slug":"features-and-importance-of-a-probate","status":"publish","type":"post","link":"https:\/\/webdemo.d-apps.in\/legaldesk\/features-and-importance-of-a-probate","title":{"rendered":"What Is Probate: Features And Importance"},"content":{"rendered":"

Generally, Probate is the process of dealing with someone\u2019s possessions, money and final wishes after they die. It is the official proof of a will issued to an executor or an authorized person to execute the will. This adds a legal character to a <\/span>W<\/span><\/em>ill<\/em>. According the Indian Succession Act, 1925 a probate is a copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the property of testator. <\/span><\/p>\n

Probates are usually issued to the executors of a will in order to authorize them with an approval seal from the court. In case there are no executors of a will, a simple letter of administration is issued by the court instead of a probate. Once a probate is applied, the original copy is retained by the court, which provides the executor with a certificate proving that it is genuine along with a copy of the will. <\/span><\/p>\n

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Importance Of A Probate<\/span><\/h2>\n

The importance of having a probate, is that, it legalizes a will or the executor of the will to transfer a property in the name of the individual to whom the property is supposed to go to (Beneficiary<\/a>). There are several reasons as to why a probate might become crucial. Take for instance, a property that is supposed to reach the destined person and he\/she wants to occupy it. <\/span><\/p>\n

Since as per the society register, the owner has died and left the will, unless the executor shows a probate stating their authority to transfer the property, the society might not agree to transfer it. A probate comes in handy even when a will is made outside the state of which the property\/ assets are situated in the given state. <\/span><\/p>\n

Applying For A Probate <\/span><\/h2>\n

According to the Indian Succession Act, a probate is issued with reference to Section 57 and Section 213. Probates are granted to the executor\/(s) by the High Court, along with a copy of the will attached.
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\n<\/span>One can apply for a probate on the following criteria:<\/span><\/i><\/p>\n