A probate has been defined under the Indian Succession Act, 1925 as under: 'Probate' means the copy of a Will, certified under the seal of a court of competent jurisdiction, with a grant of administration to the estate of the testator. ... A probate is a method through which a Will is certified, under the seal of a court.

Is probate of will compulsory?

Although the probate of the will is not mandatory in all other cases, it is advisable to obtain probate in cases where there is a probability of the validity of the will being challenged on any grounds in the future.

Who can probate a will in India?

Only an executor appointed under the will is authorised to apply for probating the will. One can make a probate application only after 7 days of a testator's death. Using the services of a probate lawyer, the application needs to be made to the court with appropriate jurisdiction in the form of a probate petition.