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April 1, 2023 at 9:00 pm #4780AlexFitKeymasterPoints: 1,148Rank: Diamond
Probate of Will
The High court grants probate with the court seal and a copy of the Will attached. A statement of legal intent that a person wants to make after his/ her death. A person who wants to give his/her property to his descendants makes a will. The deceased mentions the names of only these people in the Will.
The executors execute the Will. Probate is a process that allows and authenticates the Will finally. It is important to know the process of obtaining the Probate of Will.
The Duty Of The Executor
The executor, who has the right to execute the Will, acts as a Petitioner and can file a petition. They can only file a petition after paying applicable court fees. It depends upon the value of the assets before the competent court. This is a pecuniary jurisdiction that requires a higher court to grant Probate for high-valuable immovable assets. One needs the help of an advocate for this process. The court usually asks for proof of the death of the testator from the Petitioner. They also ask for proof that the testator properly executes the Will.
They also clear whether it is the last Will and testament of the deceased. Once the court receives the court petition, it grants notice to the next of kin of the deceased to file the objections. It also indicates and notifies the publication of a citation on board to the general public. In any case where there is no objection, the next of kin of the deceased files their respective consent to the issue of Probate then the court grants the Probate. But if the kin of the deceased files a respective objection to the grant of Probate, the petition filed will become the testamentary suit. This enables the parties to lead evidence in the matter.
Who is eligible for Probate?
The application that an executor sends to the court for the Will must attach the original Will to the application. This application includes the name and address of the legal heir of the deceased so that they can be notified before the Will is approved. The court requires the death certificate issued by the local authority as a plaintiff to provide evidence of the death of the testator. The executor also needs to prove that the Will submitted to the court was as per the last Will of the testator, and also, they are obliged to make the applicant aware that the Will is legally executed by the testator.
There are many challenges to the Probate of Will. In most cases, the court strictly abides by the Will as the testator no longer exists for the defense part. Making a Will is a time-consuming process that the executor performs. The responsible testator has to spend a lot of money and time paying the court fees depending on the value of the inherited property. In only certain cases, it is compulsory to apply for the Will, and in other cases, it is not mandatory.
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