A succession certificate is a legal document that helps authorize the heirs to collect the debts and securities of the deceased person. It is essential to obtain a succession certificate if you have lost any of the loved ones recently in the family and are the legal heir to their property and assets.
What Is Probate of a Will?
Probate of a will is the legal process of distributing the assets and property of a deceased person according to their will. The Probate involves validating the will, identifying the heirs, and distributing the assets among the heirs. Probate is necessary to ensure that the will is valid and enforceable and to determine the legal heirs of the deceased person. The probate court supervises the process of Probate.
Why Is A Succession Certificate Required In Probate?
A succession certificate is required in Probate because it is proof of legal heirs’ entitlement to the deceased person’s assets. The certificate authorizes the heirs to collect the debts and securities of the deceased person, transfer shares, and sell properties. Without a succession certificate, the heirs cannot claim their share in the deceased person’s assets.
How To Probate a Will Succession Certificate?
Probating a will involves several steps, including:
Step 1 Filing a Petition in the Probate Court – The first step in probating a will is to file a petition in the probate court. The petition should include the deceased person’s details, assets, and legal heirs. The court will then issue a notice to the legal heirs and creditors.
Step 2 Validating the Will – The next step is to validate the will. The court will verify the will’s authenticity and ensure that it meets the legal requirements. The court may appoint an executor to manage and distribute the assets among the heirs.
Step 3 Identifying the Heirs – The court will then identify the legal heirs of the deceased person. The heirs may include the spouse, children, parents, siblings, or relatives. The court will then determine the share of each heir in the deceased person’s assets.
Step 4 Distributing the Assets – The final step is distributing the assets among the legal heirs. The court will ensure that the assets are distributed according to the will or the legal heirs’ share.
How To Obtain a Succession Certificate?
Obtaining a succession certificate involves the following steps:
Step 1 Filing a Petition in the Court – The first step in obtaining a succession certificate is to file a petition in the court. The petition should include the deceased person’s details, assets, and legal heirs. The court will issue a notice to the legal heirs and creditors.
Step 2 Verifying the Petition – The court will verify the petition and ensure that it meets the legal requirements. The court may also ask for additional documents, such as the death certificate, will, and proof of the legal heirs.
Step 3 Issuing the Succession Certificate – Once the court is satisfied with the petition and documents, it will issue the succession certificate. The certificate will authorize the legal heirs to collect the debts and securities of the deceased person, transfer shares, and sell properties.
A succession certificate is a crucial legal document that authorizes the heirs to collect the debts and securities of the deceased person. It is required in Probate to prove the legal heir’s entitlement to the deceased person’s assets. Obtaining a succession certificate from a trusted firm like Willjini is essential. Probate and obtaining a succession certificate can be complex legal processes, but they are necessary to ensure that the assets of a deceased person are distributed according to their wishes or legal heirs.
