A Probate legalizes a Will or the executor of the Will to transfer the properties in the names of individuals to whom the property is bequeathed.

However, there are reasons as to why a probate might become crucial. Let’s say a property, within a society, is bequeathed to an individual and he or she wants to occupy it. Since, as per the society register, the owner is the person who has died and left the Will, unless the executor shows a probate stating their authority to transfer the said property, the society might not agree to the transfer.

A probate is issued for a Will or any codicil attached, by person of Indian Hindu, Parsis, Buddhists, Sikhs or Jains, primarily in the cities of Chennai, Kolkata and Mumbai. In case the Will is made outside these territories, but for assets situated inside, it would still require a probate.

A probate is completely different from the Letter of Administration, which is allotted when the Will does not name an executor or a Will is not made by the deceased person.