Quick answer: Probate is a court order that confirms a Will’s validity and authorises the executor to transfer the deceased’s assets. In India, probate is mandatory for certain Wills connected to Mumbai, Chennai, or Kolkata; elsewhere it’s typically optional but often requested by banks/registrars for certainty.
Last updated: 15 August 2025
What is probate?
Under the Indian Succession Act, “probate” means a copy of a Will certified under the seal of a competent court, with a grant of administration to the testator’s estate. In effect, probate legally “activates” the Will and protects the executor’s acts from the date of death.
- Definition: Section 2(f) (probate) and Section 227 (effect of probate).
- Why it matters: Once granted, the executor can transfer securities, bank accounts, and property as per the Will with legal finality.
When is probate mandatory in India?
Mandatory (by law):
Probate is required for Wills of Hindus, Buddhists, Sikhs, and Jains if the Will is made within the ordinary original civil jurisdiction of the High Courts at Mumbai (Bombay), Chennai (Madras), or Kolkata (Calcutta), or if the Will (made elsewhere) deals with immovable property situated in those limits. This flows from the combined reading of Sections 57 and 213 of the Indian Succession Act.
Generally optional (but often requested):
Outside these territories, probate is usually not compulsory. However, banks, depositories, and registrars commonly insist on it to avoid future disputes—making probate a prudent step even where it isn’t strictly required. (The Economic Times, Lexology)
Snapshot: Where is probate mandatory?
| Scenario | Is Probate Mandatory? |
|---|---|
| Will executed in Mumbai/Chennai/Kolkata | Yes |
| Will executed elsewhere but relates to immovable property in these cities | Yes |
| Will and assets outside these cities | Usually No (but advisable/commonly required by institutions) |
Sources: Indian Succession Act (ss.57, 213), ET Wealth explainer, and commentary. (The Economic Times, Lexology)
Probate vs Letters of Administration vs Succession Certificate
| Instrument | When used | Who applies | What it covers |
|---|---|---|---|
| Probate | Validates a Will and authorises execution | Executor named in the Will (only an appointed executor can get probate; s.222) | All estate assets covered by the Will; executor’s acts protected (s.227) |
| Letters of Administration (LoA) | No Will / Will exists but no executor named or willing | Next of kin / beneficiary | Administration of estate similar to an executor, but without the “probate” of a Will |
| Succession Certificate | To collect debts and securities (bank balances, bonds, shares) where no probate/LoA | Legal heir | Title for movables/securities; protects payers who act in good faith (s.381) |
Authorities: Indian Succession Act ss.222, 227, Part X on succession certificates; practitioner explanations. (Lexology, ezyLegal)
The probate process (step-by-step)
- Petition filing by the executor with the original Will in the District Court/High Court having jurisdiction. (Petition requirements under Part IX.)
- Public notice/citations inviting objections (caveats).
- Evidence: at least one attesting witness (if available) is typically examined to prove due execution.
- Valuation & court fees: Court-fee is state-specific (see your State’s Court Fees Act/Schedule). (India Code, getyellow.in)
- Grant issued: Court issues the Probate (or LoA) under its seal. (Forms/scheme under Part IX.)
- Transmission: Executor uses the grant to effect transfers with banks, depositories, and Sub-Registrar.
Visual guide: Here’s an illustrative uncontested timeline (actual durations vary by court workload and objections).
Download the workflow graphic
Costs & timelines: What should you budget?
- Court fees: Determined by your State Court Fees Act/Schedule—some use ad valorem slabs (percentage of estate value), others have fixed caps for smaller estates. Check your state’s schedule (e.g., Maharashtra, Delhi, Karnataka each publish separate schedules). (India Code, getyellow.in)
- Professional fees: Lawyer/valuer/documentation costs vary with estate complexity and objections.
- Timeframe: Uncontested matters can be relatively quick; contested matters can take significantly longer depending on evidence and appeals. (Practice articles & case experience widely report variability.) (Lexology, ezyLegal)
NRIs & foreign Wills: Do you need an Indian probate?
If a Will has already been proved abroad, Indian courts may grant administration with an authenticated copy annexed (ancillary relief) to deal with assets in India (Section 228). This enables effecting transfers locally without re-proving every fact from scratch.
Practice note: Firms handling cross-border estates often obtain “ancillary probate/LoA” or reseal foreign grants where applicable. Requirements include certified copies and, at times, limited evidence as the court deems fit. (India Law Offices)
Practical tips to make probate smoother
- Get witnesses’ details (addresses/IDs) while drafting the Will to ease later evidence.
- Maintain an asset register (bank, demat, folio, property IDs) with location-specific notes.
- Store originals safely and consider a registered Will or a Will deposit (where available).
- Plan for city-specific rules if you own property in Mumbai/Chennai/Kolkata—probate will likely be required.
- Name a capable executor and a backup; probate is only granted to an appointed executor (s.222).
FAQs
Is a registered Will exempt from probate?
No. Registration doesn’t eliminate probate where the law makes it compulsory (e.g., Presidency-town cases).
If all heirs consent, do we still need probate?
Consent helps avoid litigation but doesn’t remove the statutory requirement in mandatory jurisdictions.
What if the original Will is lost or damaged?
Courts can grant probate of a copy or draft of a lost/destroyed Will in appropriate cases (see ss.237–239).
When should I use a Succession Certificate instead?
Use it for collecting debts/securities when there’s no probate/LoA; it protects payers under s.381.
Key takeaways for Indian investors & families
- Probate is the gold standard to establish a Will and protect the executor’s actions. (s.227)
- It’s mandatory for many Wills linked to Mumbai/Chennai/Kolkata; elsewhere it’s a strong risk-control that institutions often require. (The Economic Times)
- For global families/NRIs, Section 228 supports ancillary relief to handle Indian assets efficiently.
Sources & references
- Indian Succession Act, 1925: definitions, probate/LoA, mandatory applicability (ss.2(f), 57, 213, 222, 227, 228; Part IX & Part X).
- ET Wealth and practitioner commentary on mandatory cities and practical usage. (The Economic Times, Lexology)
- State court-fee references (framework): Court Fees Act references and general guidance. (India Code, getyellow.in)
This article is for education; it is not legal advice. For case-specific guidance, consult a qualified estate lawyer in your state.