What Is Probate
Probate is a legal procedure through which assets are passed legally. Moreover, the probate process is considered to be problematic in the case of large estates. However, it is known to be a simple formality for most people.
It is not mandatory to undergo the probate process for every individual. Moreover, most people think that a probate process is required when someone leaves the World and leaves behind a will. But a probate process can also occur if the person doesn’t leave a choice behind.
Who determines if probate is necessary?
The executor of the will or administrator is accountable for issuing the probate. Moreover, it is commonly practiced that friends or family are appointed executors of the will. Moreover, the primary reason behind this is that there are no trust issues in such cases.
However, appointing a professional can work in cases where numerous assets are present. This is the primary reason behind the augmentation of professionals in such areas. Moreover, the professional is responsible for looking after the administrative duties. Yet if there is no appointment of a professional, the beneficiaries are capable of seeking the will.
Is it mandatory to go through the probate process?
Not everyone will require a probate procedure. However, probate should have multiple benefits. Probate helps to solve conflicts between siblings. Moreover, the probate process is legal. Therefore, the legal format is capable of resolving personal issues.
Why probate is necessary.
As per section 212(2) of the Indian Succession Act 1925, the people have their own choice to apply for the probate of a will. There is, however, no compulsion.
The List of Documents?
Documents to get along with the probate procedure are:
Probate is mandatory if an individual has property and consists of money within bank accounts. However, some financial reports have limits where probate is required. Therefore, legal advice is mandatory in some situations.
1. Death certificate
2. Movable documents in the will.
3. Original will
4. Immovable documents in the will
Types of assets
Probate does not take into account some assets. Those are-
1. Insurance under the name of the beneficiary.
2. Payable-on-death bank accounts.
3. Vehicles or securities mentioned under the TOD (transfer on death) form.
4. A property within a living trust.
5. Real estate, other assets kept in joint tenancy, tenancy through the entirety, and bank accounts.
If the estates contain assets such as these, in case the deceased individual tied knots a long time back and owned most of the things with their spouse, there will be no requirement for probate.
Conclusion
Probate is a legal procedure through which the legal heir gets the asset. Moreover, it is not mandatory to undergo the probate process for every individual. However, the executor of the will or administrator starts the probate process. However, appointing a professional can work in cases where numerous assets are present. This is the primary reason behind the augmentation of professionals in such areas.
Some documents needed in the probate process include a death certificate, original will, Documents regarding the movables mentioned within the choice, etc. However, probate does not take into account some assets. Therefore, if the estates contain assets such as these, in case the deceased individual tied knots a long time back and owned most of the things with their spouse, there will be no requirement for probate.
