'Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator.
According to Section 222 of the Indian Succession Act, 1922, A probate can be granted only to the executor appointed under the Will.
Further, a probate is essential if the Will is for immovable assets in multiple states.
Executor-An executor of a will refers to an individual who undertakes the responsibility of overseeing the distribution of the properties or assets of the deceased person according to his/her wishes. It is not a mandatory requirement to mention the name of an executor in the will. However, it is advisable to name an executor, which will ensure that the will is executed correctly and as per the wishes of the deceased.
The first step involves making of application to the District Judge through a probate petition which must be duly signed and verified by or on behalf of the applicant. The executor(in absence of executor administrator or any legal heir) of the Will is the petitioner and files the original Will and probate petition in the court.
The probate petition should be in a prescribed format under Code of Civil Procedure, 1908 and it shall be done after 7 days of testator's death.
The executor submitted the names and addresses of the deceased's legal heirs, testator's proof of death, evidence that the testator's Will is validly executed as well as confirm that this is the deceased's last Will before the Court along with the applicable court fees depending upon the value of the assets.
After the petition has been filed, the Court gives public notice in any newspaper to invite any objection, and if there is no objection, the Court upon being satisfied and considering the evidence grants probate.If there are objections, the parties will have to lead evidence and argue the matter. The probate petition becomes the original suit.Based on the evidence and arguments, the court will pass judgment in the probate suit.