What is the probate of a will?

Share This Post

Probate of Will

The High court grants probate with the court seal and a copy of the Will attached. A statement of legal intent that a person wants to make after death. A person who wants to give their property to his descendants makes a will. The deceased mentions the names of only these people in the choice.

The executors execute the Will. Probate is a process that allows and authenticates the Will finally. Therefore, it is essential to know the process of obtaining the Probate of Will. 

The Duty Of The Executor

The executor, who has the right to execute the Will, acts as a Petitioner and can file a petition. They can only file a petition after paying applicable court fees. It depends upon the value of the assets before the competent court. This pecuniary jurisdiction requires a higher court to grant Probate for high-valuable immovable assets. One needs the help of an advocate for this process. The court usually asks for proof of the testator’s death from the Petitioner. They also ask for evidence that the testator properly executes the Will.

They also clear whether it is the last will of the deceased. Once the court receives the court petition, it grants notice to the dead’s next of kin to file the objections. It also indicates and notifies the publication of a citation on board to the general public. In any case where there is no objection, the next of kin of the deceased files their respective consent to the issue of Probate then the court grants the Probate. But if, in a case, the kin of the dead files a separate objection to the grant of Probate, then the petition filed will become the testamentary suit. This enables the parties to lead evidence in the matter.

Who is eligible for Probate?

The application that an executor sends to the court for the Will must attach the original Will to the application. This application includes the name and address of the legal heir of the deceased so that they can be notified before the Will is approved. The death certificate issued by the local authority is required by the court as a plaintiff to provide evidence of the testator’s death. The executor also needs to prove that the Will submitted to the court was as per the testator’s last Will. Also, they are obliged to make the applicant the testator legally executes the Willhe testator. 


There are many challenges to the Probate of Will. In most cases, the court strictly abides by the Will as the testator no longer exists for the defense part. Making a Will is a time-consuming process that the executor performs. The responsible testator has to spend a lot of money and time paying the court fees depending on the value of the inherited property. In some instances, it is compulsory to apply for the Will; in other cases, it is not mandatory.

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers