In general, Probate is the process of dealing with someone's possessions, the money and the final wishes of a person after they have died. It is official proof of a will issued to the executor or an authorized person to execute a will for NRI property in India. This adds a legal character to the Will. According to the Indian Succession Act, 1925, probate is a copy of a will that is certified under the seal of the court of competent jurisdiction with the authorization of the administration of the deceased's property.
Probate is usually issued to the executors of a will to authorize them with an approval seal from the court. If there are no executors of the will, the court issues a simple administrative letter instead of probate. Once probate of will has been applied, the original copy will be kept by the court, which provides the executor with a certificate of authenticity along with a copy of the will.
Importance of a Probate of will for NRI property in India
The importance of having probate is that it legalizes a will or executor of the will to transfer property on behalf of the person to whom the property is intended (Beneficiary). There are several reasons why probate could be crucial. Take, for example, a NRI property in India that is supposed to reach the destined person, and he/she wants to occupy it.( Collapse )