A will may exist but probate may be unavailable because no executor was appointed, the executor died, renounced, lacks capacity or cannot complete administration. A court may then grant letters of administration with the will annexed.
1. Identify why probate is unavailable
- No executor is named.
- The executor died before completing administration.
- The executor renounces or cannot legally act.
- The appointment is ineffective or limited.
2. Decide who may apply
Entitlement depends on the will, beneficial interest and statutory order of preference. Potentially entitled persons and competing claimants should be identified before filing.
3. Prepare the section 278 application
The petition should state the death, relatives, applicant’s right, assets and jurisdictional basis. The original will, codicils and execution evidence remain central.
4. Obtain consents or address opposition
Genuine, informed consents may simplify a non-contentious application. If the will or applicant’s entitlement is disputed, evidence and contentious-cause procedure may follow.
5. Perform the administrator’s duties
The administrator must collect and preserve assets, pay lawful liabilities, keep accounts and distribute under the will and grant.
Frequently asked questions
Is this the same as probate?
Probate is generally granted to an executor; this grant appoints an administrator where an executor cannot act.
Can one beneficiary apply alone?
Possibly, but entitlement, notice, consents and competing interests require review.
Can the administrator sell property?
Authority depends on the grant, will, property and applicable law; transaction-specific advice is essential.
Official legal references
- Indian Succession Act, 1925 — especially sections 273 and 276–301.
- Calcutta High Court Registry — Original Side Testamentary Department.
- Calcutta High Court gazette notifications and Original Side Rules.
See the Calcutta High Court probate guide.
Related Kolkata Legal Service guidance
- Calcutta High Court lawyer services
- Calcutta High Court Original Side lawyer
- Civil suit process in Kolkata
- Contact Kolkata Legal Service
Important: General information only, not legal advice. The correct forum, grant, valuation, caveat procedure, evidence and court requirements depend on the will, estate, parties and current rules.
