Under the Indian Succession Act, 1925, probate is the official proof that a will is the last valid testament of the deceased. Once granted, the executor named in the will can lawfully collect assets, pay off debts and distribute the estate.
When is Probate Mandatory?
- Wills made by Hindus, Buddhists, Sikhs or Jains in the jurisdictions of Kolkata, Chennai and Mumbai (the erstwhile Presidency towns), OR in respect of immovable property within those jurisdictions.
- All wills made by Christians and Parsis in India.
- Practically, many companies, banks and depository participants insist on probate before releasing securities of the deceased — even when not strictly required by law.
How Probate is Obtained
- Filing the Petition — The executor files a petition in the competent District or High Court, with the original will attached.
- Court Fee & Stamp Duty — Fees are calculated on the value of the estate.
- Publication of Notice — A notice is published in newspapers inviting objections from any interested party.
- Verification & Witness Testimony — Witnesses to the will may be called; the executor confirms authenticity.
- Grant of Probate — If unopposed, the court grants probate — typically 6–12 months from filing.
Documents Typically Required
Original will
Death certificate of testator
Names & addresses of legal heirs
List of assets held by deceased
Executor's ID proof
Witnesses' affidavits
How We Help
MC Finnzon's in-house legal panel handles the entire probate cycle — drafting the petition, calculating court fees, coordinating publication, appearing before the court, and finally coordinating with the RTAs and banks to unlock the assets once probate is granted.