Probate

Probate is the copy of a will certified under the seal of a court, granted to the executor. It proves the will and the executor's authority against everyone, because a grant of probate binds the whole world, not just the parties to a case.

The law behind it

Section 2(f) of the Indian Succession Act, 1925 defines probate, and Part IX of the Act sets out how it is granted, usually by a District Judge or, in some cities, a High Court. Probate can be granted only to an executor named in the will (Section 222).

Is probate compulsory

Earlier, Section 213 of the Act made probate compulsory for wills made by Hindus, Buddhists, Sikhs and Jains in the areas around the former presidency towns of Kolkata, Chennai and Mumbai, and for some other wills. The Repealing and Amending Act, 2025 omitted Section 213, so probate is no longer a legal requirement anywhere in India. It is still available, and banks, housing societies or buyers may ask for it, especially for large estates or where a dispute is likely.

How to apply

1. File a petition with the original will, the death certificate and a list of the assets.
2. Pay the court fee, which differs by State and is usually linked to the estate's value.
3. The court issues notice to the legal heirs and publishes a citation.
4. If no one objects, or objections fail, the court grants probate.

See the probate petition and the probate caveat.