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Help Center > Probate (Inheritance) Issues >Probate Faqs (Pg.2) |
6. If I have the
right to apply for Probate or Letters of Administration (as the case
may be), can I renounce my right to apply?
Yes. If you are the named executor(s) in the Will, or if you are a
party having priority in law to apply for Letters of Administration
and you are unwilling or unable to apply for Probate or Letters of
Administration, you may give up (renounce) your rights and consent
to other persons applying for Probate or Letters of Administration
by filing a Renunciation and Consent.
7. Where can I apply for Probate or
Letters of Administration?
If the value of the estate of the deceased is below Rs. 3,000,000/-
the application is made in the District Courts. If the value of the
estate of the deceased exceeds Rs. 3,000,000/-, the application is
made in the High Court.
8.
How do I apply for Probate or Letters of Administration?
To apply for Probate or Letters of Administration, a number of documents
have to be prepared and filed and submitted in the district courts.
· Documents required for both probate and letters of administration
are:
-The Petition
-The Administration Oath(s) by the Petitioner(s)
-The original extract of the deceased's Death Certificate
9.
Additional documents required for Probate and Letters of Administration
The original Will, and two A4 sized certified true copies and one
A3 sized uncertified copy of the Will.
Where the Will is not written in English, a certified true translation
by a person competent to translate must be attached.
Renunciation(s) by a person(s) appointed executor(s) by the Will
but who does not wish to be the executor(s) if any.
Letters of Administration
Consent of the co-administrator, if any.
Renunciation of the beneficiaries having a prior right to apply
for letters of administration if any.
Note that the above requirements apply in cases of simple petitions
for Probate and Letters of Administration. Much depends on the status
of the deceased, his beneficiaries and the estate.
10. What happens after the Petition has been
filed in court?
After the Petition has been filed
in Court, a judicial magistrate will review it. If the magistrate
is satisfied that all the documents are in order, the Petition for
Probation or Letters of Administration will be granted.
If there are errors or omissions in the documents, the Petition
may be rejected outright, returned to you for amendment or it may
be fixed for hearing before a judge in Chambers.
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