• A probate is obtained to authenticate the validity of the will.
  • It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.
  • The probate is still the only proper evidence of the executor’s appointment.
  • Probate is mandatory for Hindus, Sikhs, Jains and Buddhists residing in or having a immovable property in the jurisdictions of the Bombay, Calcutta and Chennai High Courts.
  • In all other cases it is advisable but not mandatory.
  • Probate means
    • the copy of the will is given to the executor
    • together with a certificate granted under the seal of the court
    • and signed, by one of the registrars, certifying that the will has been proved
  • The application for probate shall be made by petition to the court of competent jurisdiction.
  • A copy of the last will and testament of the deceased should be annexed to the petition.
  • The copy of the will and the copy of the grant of administration of the testator’s estate together, form the probate.
  • The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose of which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator.
  • Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased.