How to Get Probate in India for Nris, Step‑by‑step (2026)

Last reviewed: 25 July 2026

Understanding how to get probate in India for NRIs has become more nuanced since the Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, 1925, removing the statutory trigger that once made probate compulsory in many circumstances. For Non‑Resident Indians holding bank deposits, immovable property, or securities in India, the question is no longer simply “how” but “whether” probate is still the right route, and, if it is, how to navigate the process from abroad without unnecessary delay or cost.

This guide sets out the complete procedure, documents, timelines, costs, and tax considerations that NRI executors, administrators, and legal heirs need in 2026, including FEMA repatriation rules and the apostille requirements that apply to documents executed outside India.

Overview of the Probate Process and Who It Applies To

Probate is the court‑supervised process by which a will is formally validated and an executor is authorised to administer a deceased person’s estate. In India the procedure is governed primarily by Part X of the Indian Succession Act, 1925. Where a person dies leaving a valid will, the named executor petitions the court for a grant of probate. Where no will exists, or the will does not name an executor, an interested party applies for letters of administration under the same Act. A third route, the succession certificate (Part X, Chapter VII‑A), is available when heirs need authority to collect debts or securities rather than transfer immovable property.

Until 2025, Section 213 required that no right as executor or legatee could be established in any court unless probate or letters of administration had been granted, a rule that applied in the territories of the former presidency towns (Mumbai, Kolkata, and Chennai) and, by extension, to anyone seeking to enforce rights under a will proved in those jurisdictions. The Repealing and Amending Act, 2025 omitted Section 213 entirely. Industry observers expect, however, that the practical effect of this change will be limited: banks, sub‑registrars, and lenders in many states continue to demand a certified court order before releasing assets or registering mutations.

For NRIs, probate therefore remains the safest and most widely accepted mechanism for unlocking Indian assets, particularly immovable property and high‑value bank deposits.

For a deeper analysis of whether probate is mandatory in India in 2026, see our dedicated explainer.

Eligibility and Probate Requirements in India

Who May Apply

• Executor named in the will. The first right to petition belongs to the person expressly appointed by the testator. An NRI executor may act through a Power of Attorney holder in India.
• Residuary legatee or universal legatee. If no executor is named, or the named executor is unwilling or unable to act, any person entitled to the residue of the estate may apply.
• Next of kin / legal heirs. Where there is no will (intestate succession), the surviving spouse, children, or other legal heirs may petition for letters of administration.

Who Cannot Be Granted Probate

• Minors. A minor cannot act as executor. The court may appoint a guardian ad litem or an administrator during minority (Indian Succession Act, 1925, Section 224).
• Persons of unsound mind. An individual who lacks mental capacity at the time of the application is disqualified.
• Persons disqualified by the court. In practice, a person adjudicated bankrupt or convicted of a relevant offence may face objections, though the Act does not impose an absolute statutory bar in every case, the court retains discretion.

Jurisdiction and Forum Selection

Choosing the correct court is critical and depends on two factors: where the deceased ordinarily resided at the time of death, and where the immovable property is situated. District courts handle most probate petitions across India. The High Court Original Side (Bombay, Calcutta, Madras, and Delhi) retains jurisdiction where the deceased had a fixed place of abode within the ordinary original civil jurisdiction of those courts, or where estate assets are located within that jurisdiction. High Court Original Side matters typically take longer but may be necessary where property sits within city limits covered by those courts’ original jurisdiction. NRIs should confirm forum selection with local counsel before filing, an incorrect filing can result in months of delay.

Step‑by‑Step Procedure for How to Get Probate in India for NRIs

Step 1, Obtain the Death Certificate and Secure Assets

Register the death with the local municipal authority or gram panchayat and obtain the death certificate. If the death occurred abroad, the foreign death certificate must be apostilled or consular‑legalised and translated into English or Hindi before it will be accepted by an Indian court. Simultaneously, secure all known assets: inform banks, demat account holders, and insurance companies to freeze accounts against unauthorised withdrawals.

Step 2, Locate the Will and Choose the Correct Legal Route

Search for the original will, check with the testator’s solicitor, any safe‑deposit box, and the relevant Sub‑Registrar (if the will was registered). If a valid will exists and names an executor, the route is a probate petition. If no will exists, apply for letters of administration. If the estate consists primarily of debts, securities, or bank deposits (and no immovable property transfer is needed), a succession certificate under the Indian Succession Act may be sufficient and faster. Engage local counsel at this stage to assess which route minimises time and cost. An NRI may also consider whether a dual‑will structure already covers Indian assets separately from overseas assets.

Step 3, Prepare the Petition, Apostille Foreign Documents, and Arrange a Power of Attorney

The probate petition must include the original will, the death certificate, an inventory of assets, the executor’s affidavit of acceptance, and supporting identity documents. For NRIs, additional steps are required:

• Apostille / consular legalisation. Any document executed or notarised abroad must be apostilled through the foreign country’s competent authority (for Hague Convention members) or consular‑legalised through the Indian Embassy or Consulate. Once received in India, state‑level attestation may also be needed depending on court practice. The Ministry of External Affairs manages the eSanad portal for apostille and attestation of Indian documents going abroad, the reverse process (foreign documents coming into India) relies on the foreign country’s apostille authority and the Indian mission.
• Power of Attorney. If the NRI executor cannot appear in person, a POA must be executed in favour of a trusted person in India. The POA should be notarised locally, apostilled or consular‑legalised, and then registered at the relevant Indian Sub‑Registrar’s office, particularly if it authorises dealings in immovable property.
• Translations. Documents in a language other than English or Hindi must be translated by a certified translator and the translation notarised.

Petition drafting and preparation typically take 2–6 weeks, longer when apostille or consular steps are involved.

Step 4, File the Petition and Publish Public Notices

File the petition at the appropriate court registry and pay the prescribed court fees (calculated on a sliding scale based on estate value, see the costs table below). The court will direct publication of notices in at least one English and one vernacular newspaper, inviting objections from any interested party. This statutory notice period runs for 30–60 days, depending on the court’s directions. Serve individual notices on all known legal heirs and creditors. Retain proof of publication and service, courts will require an affidavit confirming compliance.

Step 5, Attend Hearings and Resolve Objections

After the notice period expires, the court schedules hearings. In an uncontested matter, the hearing cycle before a district court typically concludes within 3–6 months. High Court Original Side cases tend to run longer, early indications suggest 6–12 months is common for uncontested Bombay and Calcutta Original Side probate petitions. Contested matters, where an heir challenges the will’s validity, alleges forgery, or disputes the executor’s suitability, can extend to 18 months or more. Where will authenticity is in dispute, courts may order handwriting and signature examination. Some courts now permit video‑conferencing appearances for NRI parties, reducing the need for repeated travel to India, although physical appearance may still be required at critical hearings.

Step 6, Receive the Grant and Collect the Certified Copy

Once satisfied, the court issues a grant of probate (or letters of administration). The applicant must then obtain certified copies of the order from the court registry, this administrative step takes 2–8 weeks depending on the registry backlog. Ensure multiple certified copies are obtained: banks, sub‑registrars, and insurance companies each require an original certified copy or a notarised duplicate.

Step 7, Execute Post‑Grant Compliance: Banks, Mutation, and Repatriation

Present the certified probate order to each institution holding the deceased’s assets. Banks will require updated KYC (passport, PAN if available, address proof), the certified order, and the death certificate before releasing funds. For immovable property, apply for mutation of title at the local Sub‑Registrar or municipal corporation. If the NRI heir intends to sell the property and repatriate funds, FEMA repatriation NRI rules apply, see the costs and tax section below. This post‑grant phase typically takes 2 weeks to 3 months.

For a broader overview of the probate process in India after death, see our general guide.

Documents Needed for Probate in India, Required Checklist

Special Notes: Apostille, Translations, and Consular Legalisation

India is a member of the Hague Apostille Convention. Documents issued in other member countries can be apostilled by the issuing country’s designated competent authority and will then be accepted in India without further consular legalisation. For documents from non‑member countries, consular legalisation through the Indian Embassy or Consulate in that country is required. The Ministry of External Affairs manages the eSanad portal for apostille and attestation of Indian public documents intended for use abroad, the reverse flow (foreign documents entering India) depends on the foreign country’s apostille authority. Translations should be performed by a certified translator and the translation itself notarised. Courts may refuse documents that lack proper legalisation, creating avoidable delays.

NRIs who have executed a dual‑will, one covering Indian assets and another covering overseas assets, should produce only the Indian will to the Indian court. Cross‑border estate planning that separates jurisdictions avoids the need to probate a single global will in multiple countries.

Probate Timeline in India, Key Deadlines and Realistic Durations

The probate timeline in India varies significantly by court, state, and whether the petition is contested. The table below provides realistic duration ranges based on current practice.

In total, an uncontested NRI probate matter, including the apostille and POA steps, typically takes 6–12 months from start to asset release. Contested cases can run beyond 24 months. NRIs should factor in at least one personal visit to India (or arrange for video‑conferencing appearances where the court permits) during the hearing phase.

Costs, Fees, and Tax Considerations for Probate in India (2026)

Tax Considerations for NRI Heirs

• TDS on sale by heirs. When an heir sells inherited immovable property, the buyer is required to deduct TDS under Section 194‑IA of the Income Tax Act if the sale consideration exceeds INR 50 lakh and the buyer is a resident. The buyer files Form 26QB and issues Form 16B to the seller. Where the seller is a non‑resident, different and often higher withholding rates apply, the buyer should obtain a certificate from the Assessing Officer or apply the rate specified under the relevant Double Taxation Avoidance Agreement (DTAA).
• Capital gains. Heirs selling inherited property compute the cost of acquisition as the cost to the previous owner (the deceased) and the holding period is reckoned from the date the deceased originally acquired the property. Non‑resident sellers may need to obtain a tax clearance certificate before repatriation.
• FEMA repatriation. The Reserve Bank of India’s Master Directions under FEMA govern repatriation of sale proceeds and inherited funds by NRIs. Banks will typically require a certified probate or succession certificate, PAN, KYC documentation, and a chartered accountant’s certificate (Form 15CA/15CB) before processing an outward remittance. NRIs should confirm current RBI limits and procedural requirements with their authorised dealer bank before completing a sale.

What Changes for Probate in India in 2026, The Section 213 Repeal

The most significant recent change to probate India 2026 practice is the omission of Section 213 of the Indian Succession Act, 1925 by the Repealing and Amending Act, 2025. Section 213 previously provided 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 requirement applied most acutely in the former presidency towns of Mumbai, Kolkata, and Chennai.

With Section 213 now omitted, the statutory compulsion to obtain probate before approaching any court has been removed. However, early indications suggest the practical landscape has not changed as dramatically as the legislative text might imply. Banks, insurance companies, sub‑registrars, and cooperative housing societies continue, as a matter of internal policy, to demand a certified court order before transferring or releasing assets. Several High Courts’ Original Side rules still contemplate probate petitions as the standard procedure for will‑based succession.

NRIs should therefore treat the repeal as expanding their options rather than eliminating probate. A practical decision checklist for 2026:

• Probate remains advisable where immovable property requires title mutation, where banks or lenders contractually require a court order, where the estate includes assets in multiple states, or where the will may be challenged.
• Alternatives may suffice where the estate consists solely of bank deposits or securities and the relevant bank accepts a succession certificate or a notarised indemnity bond from all legal heirs.

Common Pitfalls and How to Avoid Them

• Assuming probate is never required after the Section 213 repeal. Check with each bank, sub‑registrar, and lender individually. Many continue to require a court order as a matter of policy.
• Incorrect apostille or consular legalisation of foreign documents. Follow the MEA eSanad and apostille process precisely. Failure to apostille a foreign POA is a common cause of court adjournments.
• Ignoring TDS on sale by heirs. Coordinate with the buyer and bank to ensure Form 26QB is filed and Form 16B is issued. Non‑compliance exposes both buyer and seller to penalties.
• Relying on an unregistered Power of Attorney for property transfers. A POA used for immovable property dealings must be registered at the relevant Sub‑Registrar. Unregistered POAs are frequently rejected.
• Waiting too long to begin the process. While there is no rigid limitation period for probate itself, delay degrades evidence, witnesses’ availability, and may complicate FEMA compliance. Engage counsel promptly after death.

Sources

1. The Indian Succession Act, 1925, India Code
2. The Repealing and Amending Act, 2025, India Code
3. Press Information Bureau, Factsheet on the Repealing and Amending Act, 2025
4. Reserve Bank of India, Master Directions / FEMA Guidance
5. Ministry of External Affairs, Apostille and Attestation (CPV Division)
6. eSanad, MEA Online Attestation and Apostille Portal
7. Income Tax Department, TDS on Immovable Property (Section 194‑IA)