Key takeaway
Probate is a court’s certification that a will is genuine. It is compulsory for some wills — broadly, Hindu, Sikh, Jain and Buddhist wills relating to property in Mumbai, Chennai and Kolkata — and often requested elsewhere. Only an executor named in the will can obtain probate; otherwise, letters of administration are sought.
When probate is needed
- Compulsory — in the situations covered by Sections 57 and 213 of the Indian Succession Act, 1925, broadly wills made in, or dealing with immovable property within, the original limits of Mumbai, Chennai and Kolkata.
- Often requested — banks, housing societies and buyers elsewhere may ask for probate before acting on a will.
- Not available — where there is no will; heirs then use succession certificates, legal heir certificates or letters of administration.
Which court
A probate petition is filed before the District Judge, or before High Courts that exercise original civil jurisdiction, depending on the place and the value of the estate. Your lawyer will identify the correct forum.
Step by step
- Collect documents — original will, death certificate, list of legal heirs with addresses, schedule of assets and values.
- Prepare the petition — verified by the executor and, usually, an attesting witness.
- Pay court fee — linked to the value of the estate under state law.
- Citations — notice to legal heirs and a public notice inviting objections.
- Proof of the will — through an attesting witness, often by affidavit.
- Grant — if there is no valid objection, probate is granted.
If someone objects
A contested probate is tried like a civil suit. Common objections are lack of mental capacity, undue influence, forgery or improper attestation. These cases take longer and need careful evidence.
Doing it from abroad
- The executor can sign the petition and vakalatnama abroad before a notary with apostille or at an Indian mission.
- Locate attesting witnesses early — the court may need one to prove the will.
- Many courts allow evidence by video.
- An executor abroad may appoint an attorney in India for practical steps.
Common mistakes
- Losing the original will.
- Not listing all legal heirs in the petition.
- Assuming probate is never needed outside the three cities.
- Selling property under a will before probate where it is required.
Frequently asked questions
Is there a time limit to apply?
Courts have generally held that the right to apply arises when the need for probate arises, but delay should be explained.
Can an executor living abroad act?
Yes, though local help through an attorney is usually needed.
What if the will names no executor?
Letters of administration with the will annexed are sought instead.
Related LegalCops services
- Wills, probate and letters of administration
- Guide: succession certificate, legal heir certificate or probate?
- NRI inheritance
References
- Indian Succession Act, 1925 — Sections 57, 63, 213, 222, 232, 276, 283, 295
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
