Both Probate and Succession Certificates, are granted by the competent Courts, especially in the scenario when a deceased person's inheritance is distributed according to the will or in accordance with natural succession. If the decedent left a Will, probate will be granted. But whether a will exists or not, both situations result in the granting of the Succession Certificate.
Get expert legal assistance service for property document verification from NoBrokerWhat is the difference between probate and succession certificate?
- Probate:
A will's validity is established by the Indian Succession Act, 1925 probate. A legal procedure called probate is carried out following a death. Dealing with a decedent's estate requires the filing of a probate petition. In order to administer a decedent's estate, settle any disputes, and distribute the decedent's possessions in accordance with a will, the court must grant probate.
Document Required For Probate:-Original will of the deceased.
Death certificate.
Title deeds pertaining to the immovable property in the will.
Fee
Documents of the movable mentioned in the will.
- Succession certificate:
When a person passes away without creating a WILL or any other testamentary document, Succession Certificate is used to handle the deceased's movable estate, including FDRs, bank accounts, Demat accounts, PPF, and more. The court may issue a succession certificate to pay off the deceased's obligations.
Document Required For Probate:-Details of debts and securities for which the certificate is applied.
Court fee.
Names of family members.
No objections certificate from family members.
Documents of the movable mentioned in the will.
| Probate | Succession certificate |
Identifying the deceased person’s property. |
The details of the property of the deceased. |
Inventorying the deceased person’s property. |
The complete address of the deceased at such time of death. |
Proving in court that a deceased person’s will is valid. |
The family or other near relatives of the deceased person with their respective residences. |
How to distribute remaining property as the will. |
Debts and securities for which the certificate is applied. |
Organising their money, jewellery, and assets and distributing them as inheritance after paying any taxes and debts. |
The rights of the petitioner. |
I hope now you have understood the Probate and Succession Certificate differences. I hope this helps:)
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What is the Difference Between Probate and Succession Certificate?
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2023-04-25T08:38:58+00:00 2023-04-25T08:48:18+00:00Comment
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