Brief overview of Probate & Letters of Administration in India
Brief overview of Probate & Letters of Administration in India Overview In India, the management and distribution of a deceased individual’s estate are primarily regulated by the Indian Succession Act, 1925. This legislation provides two essential legal tools—Probate and Letters of Administration—to ensure that a deceased person’s assets are distributed in accordance with their wishes or applicable legal provisions. These processes safeguard the proper handling of estates, whether a valid will exists or not. Probate Explained Probate refers to a judicial process under the Indian Succession Act, 1925, where a court validates a will and authorizes the executor named in it to manage the deceased’s estate. As defined in Section 2(f) of the Act, probate is a certified copy of the will, issued under the court’s seal, accompanied by a grant of administration to the estate. Key Aspects of Probate: When It Applies : Probate is mandatory for wills executed by Hindus, ...