Probate of Will in India:
Probate is a certificate issued by a competent Court confirming the validity and due execution of a Will. It establishes that the Will was properly executed by a Testator having testamentary capacity and that it reflects the Testator’s intention.
Is Probate Mandatory?
Probate is generally not mandatory in India, but it provides court-certified confirmation of the Will’s validity and facilitates smooth transfer of the deceased’s assets to the beneficiaries. The earlier mandatory probate requirement for Wills made in Mumbai, Kolkata and Chennai was removed with effect from January 2026.
Process: The Executor or person entitled to apply approaches the competent Court and establishes the Testator’s death, that the Will presented is the last Will, and that it was validly executed. Notices are issued to the next of kin and, where applicable, the public, inviting objections. A Will may be challenged on grounds such as fraud, coercion, undue influence, suspicious circumstances, forgery, improper execution, lack of testamentary capacity, or lack of knowledge and approval. If satisfied, the Court grants Probate, which can then be submitted to banks, land authorities and other institutions for transmission of assets to the Beneficiaries. There is no specific limitation period for applying for Probate. The Supreme Court in Kunvarjeet Singh Kandupkar v. Kirandeep Kaur, (2008) 8 SCC 463, recognised the right to apply as a continuous right, although unexplained delay may require justification before the Court.
How to get a Succession Certificate in India
A Succession Certificate is generally obtained where a person dies intestate, particularly where there are no surviving joint holders or nominees. It authorises the legal heirs to collect debts and securities of the deceased. Average time to obtain a Succession Certificate is anywhere between 6 to 12 months.
What is Letter of Administration
A Letter of Administration (LOA) is generally granted where a person dies intestate or leaves a Will without appointing an Executor. It facilitates the administration and distribution of the deceased’s estate and may cover both movable and immovable assets.
Procedure
Petitions for a Succession Certificate or LOA are filed before the competent District Court or High Court. Notices are issued to interested parties, providing an opportunity to object. If the Court is satisfied and there are no valid objections, the relevant certificate or LOA is granted.