Probate and letters of administration — citizen guide 2026

Since December 2025, probate of a will is no longer compulsory anywhere in India. You can claim under a valid will without a court grant. You still apply for probate or letters of administration when a bank, society or buyer insists on a court order, or when the estate is disputed.

If you are short on time, jump to “When you still need probate or letters of administration” below. It tells you in one read whether you must go to court at all.

For decades, Section 213 of the Indian Succession Act 1925 blocked an executor or beneficiary from enforcing a will in court without first getting probate. This bite was hardest on Hindu, Buddhist, Jain and Sikh wills made in the old presidency towns of Kolkata, Mumbai and Chennai, where probate was effectively mandatory.

The Repealing and Amending Act 2025 deleted Section 213. It received the President's assent on 20 December 2025 and was published in the Gazette on 21 December 2025. From that date, no court grant is needed just to prove your right under a will.

This does not abolish probate. The court process survives for people who still want or need the certainty a court order gives. It only removes the rule that forced everyone in certain cities to get one.

These are two different court grants under the same Act. Both give legal authority over a dead person's estate, but they answer different situations.

• Probate is the court certifying a valid will and confirming the executor named in it. You apply for probate when there is a will that names an executor. The grant is the court saying “this will is genuine and this person may carry it out”.
• Letters of administration are the court appointing an administrator when there is no executor to certify. You apply for letters of administration when there is no will, or there is a will but it names no executor, or the executor has died or refuses to act.

In short: will plus named executor means probate. No will, or no usable executor, means letters of administration.

After the December 2025 change, going to court is now a choice in most cases, not a duty. You still go when:

1. A bank, cooperative housing society, or share registrar refuses to transfer an asset without a court grant. Many still ask for one despite the law change, especially for high-value property.
2. A buyer or lender wants a clean chain of title before purchasing or funding against inherited property.
3. The will is disputed, or you expect a challenge from another heir, and you want a court order that settles the will's validity.
4. There is no will at all, and an institution wants a formal administrator before releasing assets. Here you seek letters of administration.

If no institution is demanding a court order and no one disputes the will, you may not need probate at all. Ask the bank or society in writing what exactly they require before you spend on a court petition.

The process for both probate and letters of administration runs through the same petition route.

File in the District Court that covers the place where the deceased lived or where their property is. In the cities with original civil jurisdiction (Mumbai, Kolkata, Chennai), the petition goes to the High Court. The District Judge hears testamentary petitions under the Indian Succession Act 1925.

Section 276 of the Indian Succession Act 1925 sets out what the petition must contain. It must state the time of the testator's death, that the annexed writing is the last will, that it was duly executed, the likely value of assets reaching the petitioner, and, for probate, that the petitioner is the executor named in the will. It must also show the deceased had a fixed home or property within the court's jurisdiction.

Annex the original will (for probate or letters with the will annexed), the death certificate, a schedule of assets and their value, and proof of your relationship or executorship. For letters of administration on intestacy, attach the legal heir details instead of a will.

The court fee for probate and letters of administration is a percentage of the estate's value, charged as ad valorem court fee. The exact rate and any cap vary by state under each state's court-fees law. Confirm the current figure with the local court or a lawyer before you file, because it can run into a sizeable amount on a large estate.

The court issues a public notice (citation) inviting objections. If no one objects and the will is proved, the court grants probate or letters of administration. A contested petition becomes a full testamentary suit and takes much longer.

• Original will, where there is one
• Death certificate of the deceased
• Schedule (list) of all assets with approximate values
• Proof of identity and relationship of the petitioner
• For an executor, proof you are the person named in the will
• For intestacy, details of all legal heirs entitled under the personal law

People mix these up constantly. They are not interchangeable.

• Probate or letters of administration establish authority over the whole estate under a will or on intestacy, through a civil court.
• A succession certificate under Section 372 of the Indian Succession Act 1925 covers only debts and securities, such as bank balances, shares and bonds, when there is no will. Banks and registrars ask for it to release movable financial assets. See our guide on how to apply for a succession certificate.
• A legal heir certificate is an administrative document from a Tehsildar or revenue office. It proves who the heirs are, mainly for pension, gratuity, provident fund and service benefits. It is quicker and cheaper than a court grant. See how to apply for a legal heir certificate.

Rule of thumb: pension and job benefits, get a legal heir certificate. Bank balances and shares without a will, get a succession certificate. A whole estate under a will that an institution disputes, consider probate. And if you are still writing your will, read how to register a will in India first.

1. Assuming probate is still compulsory. Since 21 December 2025 it is not. Do not pay for a petition before checking whether anyone actually requires it.
2. Applying for probate when there is no will. With no will, the correct grant is letters of administration, not probate.
3. Confusing a succession certificate with probate. A succession certificate only covers debts and securities under Section 372, not immovable property or the full estate.
4. Skipping all the legal heirs. The Supreme Court has held that letters of administration can be revoked if every legal heir was not made a party (Swaminathan v Alankamony, 2022). Name them all.
5. Guessing the court fee. It is ad valorem and state-specific. Confirm the live figure before filing.

Dr. Shrawan Kumar Pathak's father died in Patna in early 2026, leaving a registered will that named him executor and left the family flat to him and his sister. The cooperative housing society asked for “a court order” before transferring the flat, even though probate was no longer mandatory.

Dr. Pathak first wrote to the society asking exactly what document it needed. The society confirmed it wanted probate of the will. Because the will was undisputed, he filed a probate petition under Section 276 in the District Court at Patna, annexing the will, the death certificate and an asset schedule. After the citation period passed with no objection, the court granted probate, and the society transferred the flat. Had any heir contested, it would have become a full testamentary suit.

No. Section 213 of the Indian Succession Act 1925, which made probate compulsory in certain cases, was omitted with effect from 21 December 2025. You can now rely on a valid will without a court grant, unless a specific authority insists on one or the will is disputed.

Probate is the court certifying a will and its named executor. Letters of administration are the court appointing an administrator when there is no will, or the will names no executor, or the executor cannot act. Use probate when there is a will with an executor; use letters of administration otherwise.

Not by law since December 2025. But banks, cooperative societies and buyers may still demand a court grant for their own comfort. Ask the institution in writing what it requires before spending on a petition.

The fee is ad valorem, a percentage of the estate's value, and it is fixed by each state's court-fees law. Rates and caps differ across states, so confirm the exact figure with your District Court or a local lawyer. It can be substantial on a large estate.

The District Court that covers where the deceased lived or owned property. In Mumbai, Kolkata and Chennai, the High Court hears the petition on its original side. The petition is filed under Section 276 of the Indian Succession Act 1925.

A succession certificate under Section 372 covers only debts and securities like bank balances and shares when there is no will. Probate or letters of administration cover the whole estate. If you only need to collect a bank balance with no will, a succession certificate usually suffices.

No. A legal heir certificate is an administrative document from the revenue office, used mainly for pension and service benefits. Letters of administration are a court grant giving authority over the whole estate. The legal heir certificate is faster and cheaper but carries less legal weight.

If your petition is pending and the registry is silent, you can file an RTI to the court's public information officer asking for the status and movement of your petition file. Draft it with our AI RTI drafter and escalate a no-reply with the first appeal builder.

• Find the original will and the death certificate, and put them in one folder.
• Write to the bank or society asking, in writing, exactly what document they require to transfer the asset.
• List the deceased's assets with rough values, so you know the estate size and likely court fee.
• Decide your route: court grant only if an institution demands it or the will is disputed; otherwise a succession or legal heir certificate may be enough.
• If a petition is already filed and stuck, draft a status RTI with the AI RTI drafter.

• Indian Succession Act 1925, Sections 213, 218, 219, 276 and 372, India Code: https://www.indiacode.nic.in/handle/123456789/2385
• The Repealing and Amending Act 2025 (omission of Section 213, in force 21 December 2025), Gazette of India
• Swaminathan v Alankamony (D), 2022, Supreme Court, on revocation of letters of administration where all heirs were not made parties

For a step by step companion to RTI itself, see The RTI Playbook.

• Probate no longer mandatory after 2025 repeal
• How to revoke a probate granted by hiding facts (Section 263)