Probate of Will
Secure Legal Recognition and Smooth Asset Transfer in India
At Tax Pal Solutions, we assist individuals in obtaining Probate of a Will, ensuring legal validation of inheritance and smooth transfer of assets to rightful heirs. Our services cover petition drafting, filing, court notices, valuation guidance, and complete support until the probate certificate is granted.
Key Services Include:
- Expert legal consultation on probate process
- Drafting and filing of probate petitions
- Assistance with mandatory court notices
- Guidance for valuation of assets and properties
- End-to-end support until probate certificate issuance
What is a Probate of a Will?
A Probate of a Will is a legal process under Section 213 of the Indian Succession Act, 1925 where the court verifies and validates the authenticity of a deceased person’s will.
- Confirms the will was executed voluntarily
- Provides legal authority to the executor
- Ensures proper management and transfer of assets
- Recommended even when probate is optional to avoid disputes
Historically, probate was mandatory in Presidency Towns like Mumbai, Chennai, and Kolkata, particularly for immovable property. Elsewhere, it is generally optional unless required by banks or contested by heirs.
Importance of a Probate Certificate
- Legal Recognition: Confirms the will’s authenticity
- Executor Authority: Allows access to bank accounts, property, and assets
- Dispute Prevention: Minimizes conflicts among heirs
- Jurisdiction Requirement: Mandatory in certain cities
- Smooth Asset Transfer: Simplifies ownership transfer to beneficiaries
Is Probate Compulsory in India?
| Criteria | Is Probate Mandatory? | Details |
|---|---|---|
| Will by Hindu, Sikh, Jain, or Buddhist in Mumbai, Chennai, or Kolkata | Yes | Required for immovable property in these cities |
| Will by Hindu, Sikh, Jain, or Buddhist elsewhere | Optional | Needed if contested or required by banks |
| Will by Muslim | Not Applicable | Governed by personal law; probate usually not required |
| Will is contested | Yes | Probate necessary for legal disputes |
| Executor needs authority | Recommended | Ensures smooth execution even if not mandatory |
| Property is movable | Not compulsory | Only needed if disputes arise or entities demand it |
Note: If no executor is named, the court may appoint an administrator.
Circumstances Where Probate is Mandatory
- Will made in West Bengal, Chennai, or Mumbai
- Testator is Hindu, Jain, Sikh, or Buddhist residing in these regions
- Will involves movable or immovable property in these areas
Even when not mandatory, probate is recommended to prevent future disputes.
Who Cannot Be Granted Probate
- Minors (under 18 years)
- Persons of unsound mind
- Associations or unregistered societies not recognized by law
- Persons convicted of certain crimes (e.g., forgery of will)
Procedure to Obtain Probate of Will
- Filing the Petition: Executor files in District or High Court with original will, death certificate, and heir details
- Payment of Court Fees: Based on estate value, per Court Fees Act, 1870
- Public Notice: Court publishes notice in newspapers and to heirs for objections
- Verification: Court examines witnesses and supporting documents
- Hearing (if contested): Evidence presented and court decides validity
- Grant of Probate: Certificate issued, granting executor authority to manage assets
Documents Required for Probate
| Document | Description |
|---|---|
| Original Will | Signed and witnessed copy of the will |
| Death Certificate | Official proof of death |
| ID & Address Proof of Executor | Aadhaar, PAN, or government-issued ID |
| Legal Heir Certificate / Family Tree | Identifies rightful heirs |
| Asset Details | List of movable and immovable property |
| Affidavit by Executor | Declares will validity and acceptance of duties |
| No Objection Certificates (if available) | Consent from other heirs |
| Court Fee Receipt | Proof of fee payment |
| Supporting Documents | Any other court-required documents |
Limitation Period
-
Under Article 137 of the Limitation Act, 1963, probate must be filed within 3 years from the testator’s date of death.
Court Fees for Probate
| State / UT | Court Fee |
|---|---|
| Delhi | 0.5% of estate value (max Rs. 75,000) |
| Maharashtra | 1% of estate value (max Rs. 3,00,000) |
| Tamil Nadu | 4% of estate value (max Rs. 25,000) |
| West Bengal | 1% of estate value (max Rs. 50,000) |
| Karnataka | Slab-based; Rs. 1,000 – Rs. 75,000 |
Note: Fees vary based on state and estate value.
How to Download a Probate Certificate
- Visit the District / High Court website or registry
- Log in (if online) or visit in person
- Locate your case using case number or deceased’s name
- Request the probate certificate (digital/physical)
- Pay applicable fees (if required)
- Download or collect the certificate
Tip: Keep multiple copies for legal and banking purposes.
How to Check Status of Probate
- Go to the court’s official website
- Navigate to “Case Status” or “e-Court Services”
- Enter case details: case number, deceased’s name, date of filing
- Submit to view status: petition filed, notice issued, objections, hearing, probate granted
- Contact court registry if updates are unclear
Certification
