Is probate of will mandatory. Procedure for registering house property in the name of successor based on registered will with sub registerar’s office

UPDATED: Sep 30, 2022

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Is probate of will mandatory. Procedure for registering house property in the name of successor based on registered will with sub registerar’s office

Mrs Amita was sole owner of two story bulding in kolkata which she had
bequeathed in favour of her eldest son’s deceased wife 2nd floor
and in favour of younger son 1st floor. Younger son has been named as
executor. She also executed gift deed donating 2nd floor to eldest
son’so wife as mentioned in the will and registered the same in the
office of sub registerar. AMITA expired on May 2012.

Now, my question is how her younger son transfer his portion I.e.
1stfloor in his name..

Some one advised that younger son being executor needs to probate the
will and then he should go to sub registrars office under jurisdiction
to register the transfer.

This procedure seems to be costly as executor, younger son has to pay
court fee, legal fee for probate and also legal fee and stamp duty for
registering the transfer of 1st floor of property in his name.

It will of great help to get an expert opinion.
Is there any maximum limit for court fee in case of probate in kolkata.

Asked on June 17, 2016 under Estate Planning, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

As a general rule, a Will does not have to go through probate unless you want to transfer ownership of assets owned by the testator (i.e. the maker of the Will) to their living beneficiaries. Additionlly, in many states there are legal options for doing this through simplified procedures for limited estates; there can be informal probate or transfer of assts via affidavit. Generally, probate is required for larger and complex estates. Here are limks to articles that will explain further:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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