Probate is a court's certification that a will is genuine and valid, granting the executor authority to administer the estate. Historically it was mandatory for certain wills relating to property in Mumbai, Kolkata and Chennai under Section 213 of the Indian Succession Act, a requirement that has been the subject of recent legislative change. Elsewhere, banks and registries may still ask for it.
When probate is sought
- Where required by law for specific wills
- When institutions insist on it
- When a will may be contested
Process
- File a petition in the competent court with the original will.
- Pay court fee.
- Notice to legal heirs and public citation.
- Evidence of execution by attesting witness.
- Grant of probate if uncontested or after trial.
Documents
- Original will and death certificate
- Schedule of assets
- Details of legal heirs
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Uncontested probate often takes months; contests can take years.
Frequently asked questions
Is probate mandatory everywhere?
No. It is not required across India, and the historic mandatory requirement for certain cities has been under legislative change; check current law.
What if there is no executor?
Beneficiaries apply for letters of administration with the will annexed.
Can a probate be challenged?
Yes, through revocation proceedings on grounds such as fraud.
Is registration of a will the same as probate?
No. Registration records the will; probate is a court's grant after death.
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