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Testamentary Matter
Download India-focused testamentary templates: probate/LOA petitions, succession certificate (incl. widow), curator appointment, revocation, and required security bonds.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Testamentary Matter legal templates
What documents are covered under Testamentary Matter templates?
Petitions for probate, letters of administration (with will annexed), succession certificate (incl. by widow and extension), appointment of curator, revocation of probate, and the requisite bonds/security.
What is the difference between probate and a succession certificate?
Probate/LOA validates a will and appoints an executor/administrator for all estate assets. A succession certificate authorises collection of debts and securities (movables) when dealing with banks/companies.
When is a bond or security required?
Courts often require an administration bond for letters of administration and a security bond for succession certificates to safeguard creditors/beneficiaries before granting authority.
Who can file for probate or LOA with will annexed?
The named executor files for probate. If there is a will but no executor or the executor cannot act, a beneficiary/next of kin may seek letters of administration with the will annexed.
What should a probate petition include?
Details of death, last residence, the will and its execution/attesting witnesses, list of legal heirs/next of kin, asset schedule, jurisdiction, citations/notice, and prayer for grant.
When do I file for a succession certificate?
When you need legal authority to collect debts/securities of a deceased person (e.g., bank balances, shares, insurance proceeds) typically where there is no probateable will for those assets.
Can probate be revoked?
Yes. On grounds like fraud, suppression of material facts, invalid will, or discovery of a later will, an interested party can seek revocation of probate/LOA.
What is a petition for appointment of a curator?
It seeks a temporary custodian for estate assets pending final grant of probate/LOA, to preserve and manage the estate and prevent waste.
What are typical enclosures for testamentary petitions?
Death certificate, original will (for probate/LOA), list of heirs with addresses, asset schedules, identification/KYC, valuation details, and affidavits of attesting witnesses where required.
Are court fees and citations involved?
Yes. Court fees vary by state and estate value. Publication of citation/notice to heirs and the public is usually required before grant.