Key takeaway
A legal heir certificate is an administrative document that identifies the family members of a deceased person. A succession certificate is a court certificate that lets heirs collect debts and securities when there is no will. Probate is a court’s certification of a will, appointing the executor. Which one you need depends on whether there is a will, what the asset is and where it is.
At a glance
| Document | Issued by | Used for | Will involved? |
|---|---|---|---|
| Legal heir certificate | Revenue or municipal authority (e.g. Tahsildar), as provided by state rules | Pension, utility and record transfers, some government dues, establishing the family tree | No — identifies relatives only |
| Succession certificate | District Judge (or court designated by the state), under Part X of the Indian Succession Act, 1925 | Collecting debts and securities — bank deposits, shares, debentures, money owed to the deceased | Usually where there is no will |
| Probate | Court of competent jurisdiction, under the Indian Succession Act, 1925 | Proving a will and authorising the executor to administer the estate | Yes — executor named in the will |
| Letters of administration | Court | Administering an estate where there is no will, or the will names no executor | Either |
Legal heir certificate
This is issued by the state’s revenue or local authorities after a local enquiry. It lists the surviving relatives entitled under the applicable law. It does not decide disputes about who owns what, and it is not a substitute for a succession certificate or probate where those are required. Procedures and names differ from state to state — some states call it a “family member certificate” or “surviving member certificate”.
NRI heirs usually apply through a family member in India with a power of attorney, or online where the state portal allows it.
Succession certificate
A succession certificate is granted by the District Judge within whose jurisdiction the deceased ordinarily resided (or, if they had no fixed residence, where the property is). It protects the bank or company that pays the money to the certificate holder. The court issues public notice, hears objections and may ask the applicant for security.
It covers debts and securities — it is not used to transfer immovable property such as a house or land. Court fees are usually a percentage of the value of the debts and securities and vary by state.
Probate
Probate is a copy of the will certified by the court, granting the executor authority to administer the estate. Under Section 57 of the Indian Succession Act, read with Section 213, probate is compulsory for wills made by Hindus, Buddhists, Sikhs and Jains within the former territories of the Lieutenant-Governor of Bengal and the original civil jurisdiction of the Madras and Bombay High Courts, and for wills relating to immovable property situated there — broadly, Kolkata, Chennai and Mumbai. Elsewhere it is often optional, though banks or registrars may still ask for it. Section 213 does not apply to wills made by Muslims.
Where there is no will, or no executor, the court may grant letters of administration instead.
Which one do you need? Some examples
- Father died without a will and left fixed deposits in a bank. If the bank has a nominee on record it may pay the nominee (who holds it for the heirs). Otherwise, for larger amounts, banks commonly ask for a succession certificate.
- Mother left a will giving her Mumbai flat to her daughter in Canada. Because the flat is in Mumbai, probate is generally required before the will can be relied on in court.
- Parent’s pension arrears and electricity connection. A legal heir certificate is usually enough.
- Shares held in a deceased parent’s demat account. Depositories and companies follow their own thresholds; above them, a succession certificate, probate or letters of administration is typically required. See our guide on inherited shares.
Applying from abroad — step by step
- Collect the death certificate, a family tree and identity documents of all heirs.
- Decide, with a lawyer in India, which document the bank, registrar or company needs.
- Sign the petition affidavit and vakalatnama abroad — before an Indian mission or a notary with apostille, depending on your country.
- Your lawyer files the petition; the court issues public notice and notice to the other heirs.
- Other heirs may give “no objection” affidavits, which also need attestation if signed abroad.
- Evidence (often by affidavit) and the grant of the certificate or probate.
Common mistakes to avoid
- Applying for a succession certificate to transfer a house — it does not cover immovable property.
- Ignoring the probate requirement for property in Mumbai, Chennai or Kolkata.
- Leaving out an heir, which can lead to objections and delay.
- Assuming a nominee owns the asset — nomination generally makes the nominee a custodian for the legal heirs.
Frequently asked questions
How long does a succession certificate take?
It varies with the court and whether anyone objects. Uncontested petitions are faster; contested ones can take much longer.
Can I get a legal heir certificate while living abroad?
Usually yes, through a family member or representative in India with a power of attorney, or through the state’s online portal where available.
Is probate needed for property in Delhi or Bengaluru?
Probate is not compulsory by law for wills of Hindus relating to property outside the specified territories, but some institutions still ask for it. Get advice for your situation.
Related LegalCops services
- NRI legal heir certificate
- NRI inheritance lawyer
- NRI documentation services
- Find a lawyer in India · Request a call back
References
- Indian Succession Act, 1925 — Sections 57, 213, 370–390 (India Code)
- Hindu Succession Act, 1956
- State revenue department rules on legal heir / family member certificates
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.
