What is the difference between probate and succession

Death is inevitable and we all must be prepared for it. And the one thing we must all discuss after a death of a loved one is the transfer of the property. A will allows you to communicate how your assets are to be distributed among those close to you after your death. This document ensures that your belongings do not devolve as per the laws of inheritance which vary for each major religion but as per your wishes.

So the question arises, should you get a Succession Certificate or Will Probate? In legal terms, probate is the legal process by which the court validates a will as the last will of a deceased testator. In simple terms, probate means a copy of certification from the court or a competent jurisdiction that a will can be transferred to a beneficiary of the will. Probate is not to be confused with a succession deed.

The family or other near relatives of the deceased person with their respective residences. Debts and securities for which the certificate is applied. How to find the secure property Wants to Find whether the property is secure or not.. Find out Here read more. Know your Original documents We help you to check whether your documents are original or fake read more.

Valuation of your property We help you to calculate the overall valuation of your property read more. Our Services We provide various services Rent Agreement. Agreement to sale. Development Agreement. Partnership Deed. Gift Deed. Sale Deed. Partition Deed. Ancestral Release. The beneficiaries can claim the financial assets based on the Will made abroad.

A Will that has not been probated abroad has no legal sanctity in India. Recommended reading: How to apply for succession certificate in the court. Probate is legitimate evidence of delegate title. There are some cases where the testator had made more than one Wills, or one beneficiary does not admit the existence of Will and may challenge its authenticity.

The Petition for Grant of Succession Certificate has to be filed in both cases, with or without the Will. Under the circumstance when a person dies intestate, i. Otherwise, an executor or legatee cannot establish any right in a court of law pertaining to the concerned will and any estate mentioned therein. Section 2 read with section 57 of the Indian Succession Act, clearly carves out certain exceptions to the mandate under section 1 of the Act.

For a better understanding, both sections are extracted below:. Application of certain provisions of Part to a class of wills made by Hindus, etc. A bare reading of Sections 2 and 57 of the Act makes it clear that whatever exception contained in Sub-section 1 of Section has no application in respect of wills made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, , within the territories subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay.

Also, in respect of those wills that are made outside the territories mentioned above but deals with immovable property situated within such territories. Succession certificate is a sanctioning document that sanctions the right to inherit debt and securities to the legal heirs of the deceased who died intestate. This right to inherit is sanctioned when the beneficiaries apply to a civil court of competent jurisdiction. In other words, a succession certificate gives legal recognition to the right of legal heirs to inherit the estate of the deceased.

According to section 12 of the Act, it is pretty clear that Succession Certificate can not be granted pertaining to any debt or security to which the rights are required to be established by Probate 13 or Letter of Administration Succession Certificate is not required in case of compensation sanctioned for an employee's death in the course of his duty The court said that " The main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to parties paying debts to representatives of deceased persons.

All that the Succession Certificate purports to do is to facilitate the collection of debts, to regulate the administration of succession and to protect persons who deal with the alleged representatives of the deceased persons. Such a certificate does not give any general power of administration on the estate of the deceased. The grant of a certificate does not establish title of the grantee as the heir of the deceased. A Succession Certificate is intended as noted above to protect the debtors, which means that where a debtor of a deceased person either voluntarily pays his debt to a person holding a Certificate under the Act, or is compelled by the decree of a Court to pay it to the person, he is lawfully discharged.

The grant of a certificate does not establish a title of the grantee as the heir of the deceased, but only furnishes him with authority to collect his debts and allows the debtors to make payments to him without incurring any risk".

After reading the deceision of our Hon'ble Supreme Court it can be easily construed that a Succession Certificate is helpful while dealing with movable assets like provident fund, bank deposits, shares, loans and etc. Instruments like Letter of Administration should also be supplemented for grant of administrative rights pertaining to an immovable property.

The amount due to the policy holder is payable to the heirs or legal representatives or the holder of a succession certificate" as the case may be. If there is no dispute as to who is actually authorized to receive the policy amount? Probate, Letter of Administration and Succession Certificate are legal documents through which rights pertaining to the estate of the deceased are granted.

Probate and Letter of Administration are the primary documents through which administrative rights pertaining to the estate of the deceased are validated. The role of Succession Certificate is very limited in comparison with the other two documents.