While you might think that the process for a probate is difficult and time consuming, it is not. The entire process is done in 4 steps, which are:
PREPARE THE APPLICATION
The first step is to make an application to the District Judge via a petition duly signed and verified by or on behalf of the applicant in the format prescribed under the Code of Civil Procedure, 1908. This should be done after 7 days of the testator’s death.
SUBMIT THE APPLICATION
The application needs to be prepared by a lawyer and sent to the high court, under whose jurisdiction the property falls. In some cases, a lower court may accept the application.
SUBMIT DOCUMENTS
Certain documents are required to be submitted while applying for a probate. You need to show documents that prove that the will is genuine. You will also need to show the death certificate of the testator and submit a document to prove that the will was executed by the testator on his own free will.
DISPLAY OF ADVERTISEMENT
Once the court receives the application, it verifies all details and issues an invitation letter to the nearest kin of the deceased to claim the probate. A letter is also stuck at prominent places for public view and to invite objections, in case of any. If after 30 days, there is no objection from the kin or the public, the probate is issued.