How to Get Probate in India After Death (2026): When It's Still Needed, Documents, Costs & Timelines

Last updated: 25 May 2026, Updated after the Repealing & Amending Act, 2025

If you are wondering how to get probate in India after death following recent legislative changes, you are not alone. The Repealing and Amending Act, 2025, which received Presidential assent on 20 December 2025, omitted Section 213 of the Indian Succession Act, 1925, removing the longstanding statutory mandate that required executors and legatees to obtain probate before establishing their rights under a will. Despite this landmark change, probate remains a widely used and, in many practical situations, a necessary tool for estate administration across the country. Banks, sub-registrars and share-transfer agents continue to request court-issued probate before releasing assets, meaning families and executors must still understand the full probate process in India.

This guide provides a clear, actionable walkthrough, covering who still needs probate, the step-by-step filing procedure, the documents required for probate in India, realistic costs by state, expected timelines and practical tips for dealing with financial institutions and property registries.

Does Probate Remain Mandatory After the Section 213 Repeal?

Before 20 December 2025, Section 213 of the Indian Succession Act, 1925 stated that no right as executor or legatee could be established in any court unless a court of competent jurisdiction in India had granted probate of the will or letters of administration with the will annexed. This provision made probate a statutory prerequisite for enforcing testamentary rights, particularly for wills governed by the Indian Succession Act (primarily applicable to Christians, Parsis and, in the presidency towns, to Hindus and Muslims as well).

The Repealing and Amending Act, 2025, listed in the Schedule to that Act and confirmed by the Press Information Bureau (PIB) factsheet, omitted Section 213 entirely. Industry observers and leading law firms such as Khaitan & Co and Trilegal have confirmed the practical effect: obtaining probate is no longer a statutory compulsory condition to establish executor or legatee rights in Indian courts.

However, the removal of a statutory mandate does not mean probate has become irrelevant. The likely practical effect will be a transitional period during which courts, banks and government registries update their internal policies at different speeds. During this window, and potentially for years afterwards, third parties may continue to insist on probate as evidence of the executor’s authority.

Quick compliance decision:

• You may not need probate if the estate consists only of jointly held assets with survivorship clauses, small bank balances covered by nomination, or assets where all beneficiaries and legal heirs are in agreement and institutions accept a certified copy of the will.
• You should strongly consider probate if the estate includes immovable property to be transferred, substantial bank deposits or fixed deposits in the sole name of the deceased, company shares requiring formal transmission, overseas assets that demand court-certified proof, or if any dispute among heirs is anticipated.

Statutory Timeline: Key Dates and Practical Effects

When Is Probate Still Needed in Practice?

Even after the Section 213 repeal, probate continues to serve a critical evidentiary function. A grant of probate is a court-certified confirmation that the will is authentic and that the named executor has authority to act. Many institutions treat it as the gold standard of proof, and early indications suggest that most major banks, registrars and company registrars will continue to insist on it, at least until alternative verification frameworks are established.

The question “Does everyone who dies have to have probate?” has a clear answer: no. Probate is relevant only where a valid will exists and an executor has been appointed. Where there is no will (intestate succession), the applicable procedure is a succession certificate or letters of administration, not probate. Even where a will exists, not every estate requires a formal court process, the deciding factor is typically whether third parties demand court-certified proof before releasing or transferring assets.

Is Probate Necessary for a Registered Will?

A common misconception is that registering a will at the sub-registrar’s office eliminates the need for probate. Registration under the Indian Registration Act, 1908 is optional for wills and does not, by itself, prove that the will is the testator’s last valid testament or that it was made without coercion. Registration merely creates a public record that a particular document was executed on a given date. Banks and property registrars frequently still require probate, or at minimum a certified court order, before acting on a registered will, especially where the estate value is significant or where other claimants exist. Early indications suggest this practice will continue despite the Section 213 repeal.

Step-by-Step: How to Get Probate in India After Death

If you have determined that probate is advisable for the estate you are administering, the probate process in India follows a broadly consistent set of steps across most states. The procedural framework is set out in Part X of the Indian Succession Act, 1925 (Sections 276–370 for probate and administration, with Section 374 addressing court jurisdiction).

1. Obtain the death certificate and locate the original will. Within the first 7–10 days after the death, secure the official death certificate from the municipal authority. Locate the original will, the court will require it. If only a copy exists, additional proof of the original’s loss or destruction will be needed.
2. Gather identity and address proof for the executor(s). The executor named in the will must collect valid photo ID (Aadhaar, PAN card, passport) and current address proof. If there are multiple executors, each must provide documentation.
3. Draft the probate petition. The petition must state the facts of the testator’s death, describe the will, list known assets and liabilities, identify all beneficiaries and legal heirs, and request the court to grant probate. A probate petition format India template is provided in the section below.
4. Prepare supporting affidavits. An affidavit of the executor confirming the will’s authenticity and the testator’s mental capacity at the time of execution is required. Affidavits from at least one attesting witness to the will are also typically needed.
5. File the petition in the competent court. Under Section 374 of the Indian Succession Act, probate must be filed in the court within whose jurisdiction the deceased ordinarily resided at the time of death, or where the immovable property forming part of the estate is located.
6. Pay court fees and process fees. Court fees vary by state and are generally calculated as a percentage of the estate’s gross value. Pay fees at the time of filing along with any process-service charges.
7. Court issues notices and publication. The court will typically direct publication of the probate application in at least one local newspaper and in the Official Gazette. This puts potential objectors on notice. The publication period generally runs for 4–6 weeks.
8. Objections window. After publication, interested parties may file caveats or objections, typically within 30 to 90 days depending on court practice. If no objections are received, the matter proceeds to hearing.
9. Hearing and grant of probate. In uncontested matters, the court may grant probate after a brief hearing where the executor and witnesses confirm the petition’s contents. In contested matters, a full trial may be necessary.
10. Obtain certified copies and present to institutions. Once probate is granted, obtain multiple certified copies of the grant. Present these to banks, sub-registrars, company registrars and any other institution holding the deceased’s assets to initiate transfers.

Where to File: Choosing the Competent Court

In metropolitan cities such as Mumbai, Kolkata, Chennai and Delhi, the High Court (Original Side) typically has jurisdiction over probate matters. In other locations, the District Court or Principal Civil Court of Original Jurisdiction handles filings. Executors should confirm jurisdiction based on where the deceased ordinarily resided or where the immovable property is situated. If significant property is spread across multiple jurisdictions, it is generally advisable to file where the bulk of the estate is located or where the deceased had their permanent residence.

Service and Publication Requirements

Courts require that notice of the probate application be served on all known legal heirs and beneficiaries named in the will. Additionally, publication in a newspaper with local circulation and in the Official Gazette ensures that any unknown claimants have an opportunity to object. The publication process typically adds 4–6 weeks to the overall timeline. Executors should keep copies of the newspaper advertisements and Gazette entries as these will need to be filed as proof of service before the court grants the probate.

Documents Required for Probate in India

Assembling the correct documentation before filing is essential to avoid delays. Below is a comprehensive checklist of the documents required for probate India filings:

Tip: If any bank or sub-registrar requires additional documentation, such as a valuation certificate for immovable property or a legal-heir certificate from the revenue authority, it is advisable to inquire early and gather these in parallel to avoid delays.

How Much Does a Probate Cost in India?

Understanding how much a probate costs in India requires breaking the expense into several components. Court fees represent the largest variable and differ significantly between states, as each state prescribes its own court-fee schedule, typically calculated as a percentage of the gross estate value, often with a cap.

In addition to court fees, executors should budget for lawyer fees (which may be charged as a flat fee or as a percentage of the estate), Gazette and newspaper publication charges, notarisation and affidavit costs, and miscellaneous expenses such as obtaining certified copies.

* These are example estimates only. Actual court fees must be confirmed with the relevant state’s court-fee schedule. Figures exclude lawyer fees, publication costs and miscellaneous charges.

For a straightforward, uncontested estate, the total all-inclusive cost, covering court fees, lawyer charges, publication and miscellaneous, typically ranges from INR 30,000 to INR 1,50,000 depending on the state and estate size. Contested matters with extensive hearings can cost significantly more.

How Long Does It Take to Get Probate in India?

The timeline for obtaining probate depends on whether the application is contested, the court’s workload and the efficiency of notice publication. Below is a typical process-stage breakdown for an uncontested matter:

High Courts in metro cities such as Mumbai and Kolkata tend to have heavier dockets, which can push uncontested matters toward the longer end of the range. District Courts in smaller cities may process uncontested applications more quickly. Early and complete documentation significantly reduces delays.

Practical Tips: Banks, Property Registrars, Disputes and Alternatives

Navigating institutions after a family member’s death requires preparation. The following practical tips can help executors manage the process efficiently:

• Banks: Contact the deceased’s bank branch early. Carry a certified copy of the will and the death certificate. Many banks continue to require either probate or an indemnity bond before releasing significant balances. Ask for the bank’s specific requirements in writing before committing to the probate process, some banks accept a succession certificate or a certified will with an indemnity for smaller amounts.
• Property registrars: Sub-registrars typically require a certified copy of the probate grant before registering any transfer of immovable property based on a will. Contact the relevant sub-registrar’s office in advance to confirm current requirements, especially given the transitional period following the Section 213 repeal.
• Disputes and caveats: If you anticipate objections from other family members or claimants, consider filing a caveat in the relevant court to ensure you receive notice of any proceedings filed against the estate. Interim injunctions can also be sought to prevent dissipation of estate assets during proceedings.
• Alternatives to probate: Where no will exists, a succession certificate (under Part X of the Indian Succession Act) or letters of administration may be the appropriate route. For low-value bank accounts, banks sometimes release funds under simplified procedures with an indemnity bond and no-objection certificates from all legal heirs.
• Non-resident executors: If the executor resides outside India, it is advisable to appoint a local power-of-attorney holder who can attend court hearings, collect documents and liaise with institutions on the executor’s behalf.

Sample Probate Petition Format and Filing Checklist

A probate petition in India generally follows a standard format comprising the following sections: cause title (court name, petition number), details of the deceased (name, last address, date and place of death), description of the will (date, place of execution, witnesses), list of estate assets and liabilities, details of all legal heirs and beneficiaries, and a prayer requesting the court to grant probate to the named executor. The petition must be verified by the executor and accompanied by the supporting affidavits and documents listed earlier in this guide.

Important: Any sample probate petition format is a template only. The specific requirements of the court in your jurisdiction may differ, and every petition should be reviewed and finalised by a qualified lawyer before filing. Contact a lawyer in India through our directory to obtain jurisdiction-specific guidance and a tailored petition draft.

Conclusion

Understanding how to get probate in India after death is essential for executors and families navigating estate administration in 2026. While the repeal of Section 213 has removed the statutory compulsion, probate remains a powerful and often practically necessary tool, especially for estates involving immovable property, significant bank deposits or company shares. By assembling the correct documents early, filing in the right court and proactively engaging with banks and registrars, executors can streamline the process and avoid costly delays. If you need personalised guidance, contact us or search our lawyer directory to connect with a qualified Private Client practitioner in India who can review your specific circumstances and advise on the best path forward.

Sources

1. PRS, Repealing and Amending Bill, 2025
2. PIB Factsheet, Repealing and Amending Act, 2025
3. IndiaCode, Indian Succession Act, 1925
4. Khaitan & Co, Probate No Longer Mandatory: Impact of the Repealing and Amending Act, 2025
5. Trilegal, Removal of the Mandatory Probate Requirement Under the Indian Succession Act
6. Vakilsearch, Probate of Will