NRI Lawyers for Probate and Letters of Administration: Guiding you through
Probate and letters of administration is a certificate issued by the court, to the executor presiding over the transfer of the property. Although both probate and letters of administration serve a similar purpose, they differ in the way executors are appointed.
What is a will?
To understand the meaning of probate and letters of administration, it is foremost to grasp the concept of ‘Will’. ‘Will’ can be defined as a legal document that entails the wish of the proprietor or patriarch of a family, on how the assets shall be distributed or managed, after his death. Wills are enforceable only after the death of the testator(owner of the property), after which it goes through probate. In case of intestate death, the matter of distribution and management of property are taken up by the law.
A will can or cannot be registered, without having any effect on its legal stature. But as legal professionals, we advise having your will registered to avoid any dispute in future among the possible heirs.
What is probate?
Probate is the process of proving and registering the will of the deceased in the court of law. It ensures that the will in question is legal and valid to be executed. In most of the cases, a ‘will’ names the executor who will make sure that all the debts of the deceased are paid off, and that the will is executed according to the wish of the proposer.
What is letter of administration?
Letters of Administration, are issued in two circumstances; either the deceased has not named an executor in his will or has died intestate. Intestate refers to a situation, where the owner of the property has died without any will dictating the distribution of the assets. In most of the cases, the court appoints the next to the kin of the deceased as an executor.
Both probate and letters of administration are issued for the transfer of immovable property. For the conveyance of movable property, like shares, bonds, jewellery, vehicles, intellectual rights etc., the court issues the succession certificate.
Transfer of property is a very natural process, that has been taking place since generations. One of the major cause of the shifting of ownership rights is the death. On the death of the patriarch of a family, the property is passed on to his legal heirs or as per his will, if any.
Who are NRI Lawyers for probate and letters of administration?
A lot of the first generation NRI’s, having an ancestral property back home struggle to keep up with the process of probate or letters of administration due to their inability to perform the duties. This necessitates the services of expert NRI Lawyers for probate and letters of administration. A NRI Lawyers for probate and letters of administration is a qualified professional who has an experience of years mentoring and guiding the executors on how to perform their duties efficiently. The specialization of NRI Lawyers for probate and letters of administration lie in overseeing the conveyance of property that includes NRIs or PIOs.
Is it possible for a proposed executor to reject the power?
When NRIs are proposed to be executors either in the will or by the court, there arise situations where they are not willing to take up the responsibility for numerous practical reasons. The court of law allows a designated person to refute the responsibility of being an executor in both scenarios.
Generally, for letters of administration, where court has to name the executor, it makes sure that the person is willing to take up the duty to evade any mismanagement or legal hassle in the future.
A ‘Will’ states the wish of the testator and is no way binding on the named executor to take up the task. So, in case of probate, where a named executor denies to take up the role, the job either passes on to the alternate executor, if any or to the court. The court will follow the same procedure as in case of Letters of Administration to appoint a willing person as an executor.
It is a wise decision to take the help of an expert NRI Lawyer for probate and letters of administration before taking up the job or renouncing it. Losing a loved one is in itself a daunting experience, so it’s not sensible to take up or reject the responsibility without getting complete information and a professional advice from NRI Lawyer for probate and letters of administration.
How does a NRI Lawyers for probate and letters of administration help you?
NRI Lawyer for probate and letters of administration are lawyers or legal professionals, who master the art of handling probate and letters of administration cases for NRIs. A NRI Lawyer for probate and letters of administration have specialisation in representing both the testators and the beneficiaries.
While representing the testator, a NRI Lawyer for probate and letters of administration will file for probate and go through the legal process involved in getting authorisation certificate for executor from the court. It will be the job of NRI Lawyer for probate and letters of administration to file up the required documentation and prove the legality of the will.
NRI Lawyers for probate and letters of administration are also hired by beneficiaries and executors for advisory purposes. Certain NRI Lawyers for probate and letters of administration specialises in cases where beneficiaries file a lawsuit challenging the validity or claims of the will.
With LexLords Management Services, you will have access to the knowledge of expert and renowned NRI Lawyers for probate and letters of administration. They will be there alongside you, strategising and guiding you throughout the process of probate and letters of administration till you reach the conclusive stage.