Is probate necessary for a registered will?

• Under Indian law probate of the will is not mandatory.
• But obtaining the probate of a will is advisable to avoid future complications on the distribution of property.
• If the will is probate then the legal heir can easily obtain the property ownership.

Wondering is probate of will compulsory in India? Read my answer for complete details below:

In India, a probate is not always necessary for a registered will. Let's break down the concept of probate of will:

It is a legal process that includes proving the validity of a will in a court. It is used to ensure that the will presented is the last and valid will of the deceased person. During the probate period, the court ensures that all legal formalities have been complied with.

In India, a will can be registered to provide legal validity and authenticity. Registering it increases the credibility and can prevent disputes about the legality of the document.

But also with a registered will, the requirement for probate depends on various factors.

Here are some key points:

1. Immovable Property: If the will involves immovable property (such as land or a house), obtaining a probate is necessary. It serves as evidence of the authenticity of the will.

2. Movable Property and Other Assets: For movable property (like bank accounts, investments, and personal belongings), many institutions, like banks and financial institutions, require probate to release the assets to the beneficiaries mentioned in the will.

3. In cases where there are no disputes among the legal heirs and beneficiaries, the need for probate might be reduced.

4. In India, some states have provisions regarding the mandatory requirement of probate.

5. It is recommended to consult with a lawyer specializing in wills and succession matters.

In short, while a registered will provide a level of authenticity, the necessity of compulsory obtaining probate for a will depends on various factors, including the type of assets, state laws, and institutional requirements.

A living person's will is a legal document that details the things they want to be done with their property after they pass away. The testator is the person who creates a will, and the executor is the person designated in the will to carry out its specific instructions. So if you want to know whether probate of will is compulsory in Maharashtra, keep reading.

What happens if a will is not probated in India?

A probate is only necessary if the will or codicil was made in one of the three Presidency towns, namely Kolkata, Chennai or Mumbai municipal borders, or if the immovable property is located there. A probate is not necessary if not. Even though it is not required, there is no legal restriction for obtaining a probate of a will. 

Is probate necessary for a registered will in India?

The first thing to recognise is that not all wills require registration. The act of registering a will just involves the creator of the will and any witnesses appearing before the registering authorities and having their identities confirmed.

Also, it should be highlighted that there is no legal requirement for requiring the probate of any registered will. Probate is simply the process of confirming the validity of a will. Obtaining a probate order for a will is not always necessary but advisable. Legal heirs have the option to skip the probate process if there is no disagreement among them on the contents of a will.

I hope you understood whether probate of will is compulsory in Maharashtra or not.

I have seen several confusions, chaos and even fights among people over property. Killing each other for it is also seen to be a daily thing but never had I thought that I have to witness a tremendous chaos regarding a property in my family. Last year my grandfather died and though he made a will, there occurred a lot of confusion regarding who will get how much share which eventually got serious with the passing of days. I thought it was enough to get the property distributed but No. Since there occurred a struggle between the legal heirs of a property, probate of registered will had to be done. Several lawyers came and ultimately, almost after a year the issue got solved. Since I got to know such things in detail, I can answer your query is

probate required for registered will or not. Get to know everything here.

My father believed that one need not get probate of registered will as the will itself states everything but our lawyer simply said NO. It is true that it is not necessary to get a probate order for a will unless there arises a dispute among the legal heroes of the deceased. If heirs are not satisfied with the statements of the will, then they need to apply for a probate.

My father too applied for probate for which he was asked to carry the copy of the death certificate for each of the deceased's assets like bank account/accounts, credit card, mortgage and more. It is better to seek lawyer’s advice and ask him about the registered will probate or you can visit the court and ask the officials but it will take a lot of time.

I hope now you know when is the

probate of registered will required and other details related to it.

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