Probate, Succession Certificate, Letter of Administration

PROBATE                                                                                         

 What is a Probate?

Probate under Indian succession act Section 2(f), means copy of the Will certified under the seal of court. When Probate is granted by the Court having territorial jurisdiction it could be considered that Will and the acts of the executor of Will are valid. It is evidence which proves validity and execution of Will as well as proves that person making Will was having valid testamentary capacity to make a Will.

 How to apply for Probate?

A Testamentary Petition has to be filed in the competent Court having pecuniary and territorial jurisdiction. That means if the value of the property is high one may have to approach higher Court obtaining grant of probate through a wills and probate lawyers or probate law firms.

 What documents are required along with the Probate Petition?

In case of Probate Petition, the Court usually asks the petitioner a proof of death of the testator but there are some vital documents that are required as well. The following are the documents that are required in probate process –

• Death Certificate of the testator.
• AADHAR CARD of the testator.
• Ration Card of testator.
• Original Will.
• List of Legal Heirs.
• AADHAR of all legal heirs.
• Documentary proof of the properties mentioned in the Will.

Probate Petition process

On receipt the Petition for Probate of Will, the Court issues notice to the legal heirs of the deceased to file objections, if any, to grant of probate. In such case if the any of the legal heirs having objection can file his/her objection. If there is no objection, then the Court will grant Probate, and if there is any objection to Probate Petition, then the Court will determine the validity and basis of such objection and if satisfied, would convert the Probate Petition to a Suit.

LETTER OF ADMINISTRATION

What is Letter of Administration?

Letters of Administration is issued by the Court of competent jurisdiction to appoint suitable persons to administrate property of a deceased person. Letter of Administration for deceased estate is granted to dispose of the asset of person who has died without Will or in respect of asset that does not cover in same.

Letter of Administration is required when:

• No Executor has been appointed in Will.
• Executor appointed is legally not capable.
• Executor appointed refuses to act.
• Executor died before probate of Will.
• Executor has died before testator.
• Will is proved/probate granted but executor died immediately after that.

How to apply for Letter of Administration?

The Application for Letters of Administration has to be filed in the competent Court having pecuniary as well as territorial jurisdiction which implies that if the value of the property is high then one may have to approach higher court for obtaining Letter of Administration.

What documents are required along with the Petition?

The Court usually asks the petitioner a proof of death of the testator but there are some vital documents that are required as well. The following are the documents are required–

• Death Certificate of the testator.
• AADHAAR CARD of the testator.
• Ration Card of testator.
• Original Will, if any.
• List of Legal Heirs.
• AADHAAR of all legal heirs.
• Documentary proof of the properties mentioned in the Will.

Court Process

On receipt the Petition, the Court issues notice to the legal heirs of the deceased to file objections, if any, to grant of Letter of Administration. In such case if the any of the legal heirs having objection can file his/her objection. If there is no objection, then the Court will grant Letter of Administration, and if there is any objection, then the Court will determine the validity and basis of such objection and if satisfied, would convert the Petition to a Suit.

SUCCESSION CERTIFICATE

What is a Succession Certificate?

A Succession Certificate is a certificate given to the successor of a deceased person who has not prepared a Will. A succession certificate is given to the successor of a deceased person who has not prepared a will in order to establish the authenticity of the successor.

The succession certificate also gives the certificate holder authority over the deceased person’s debts and securities. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder.

Procedure to obtain a Succession Certificate

The applicant will prepare a petition, verify and sign the same and submit it to the district judge in the appropriate jurisdiction after paying the appropriate court fees. The district judge will give an opportunity for the preliminary hearing of the petition filed by the applicant/petitioner and if the petition is admitted, he shall fix a day for the final hearing in respect of the same and also send notice of the hearing to whomsoever he thinks fit. After hearing all the concerned parties, the judge will decide if the applicant is within his right to apply for the Succession Certificate and shall grant the Succession Certificate to him if satisfied. The district judge may also require the applicant to provide a bond with one or more sureties or any other security so as to make good any possible loss arising out of the use or misuse of such certificate.

Documents Required

To obtain a legal heir certificate in Maharashtra, submit the following documents along with the application.

• An application form that is duly filled.
• Death certificate
• Identity card
• Ration card
• Death certificate

Conclusion:

Probate, Letter of Administration and Succession Certificate are legal documents through which rights pertaining to the estate of the deceased are granted. Probate and Letter of Administration are the primary documents through which administrative rights pertaining to the estate of the deceased are validated. The role of Succession Certificate is very limited in comparison with the other two documents. Succession Certificate can be used for acquiring debts and securities but rights pertaining to immovable property and assets that are of significant worth requires grant of Probate or Letters of Administration.