Probate of a Will in India: When It Is Needed and How to Get It (2026)
What probate is, when it is needed, how to petition the court, and the usual cost and timeline, including the 2025 change that removed the old compulsory-probate rule. Last verified October 2026.
How-to · Succession · Wills
Probate is a court order that certifies a will is genuine and confirms the executor named in it. Banks, companies and registrars often ask for it before they will act on a will. For decades, probate was also compulsory for certain wills, but a 2025 amendment has changed that rule. This guide explains what probate is, when it is needed now, how to petition the court, and the usual cost and timeline. Last verified October 2026.
- What it is: a court order that certifies a will is genuine and confirms the executor named in it.
- Who gets it: only the executor named in the will. If there is no executor, the route is letters of administration with the will annexed.
- When needed: whenever banks, registrars or societies want a court order before acting on a will. A 2025 amendment removed the old rule that made probate compulsory for certain wills in Mumbai, Chennai and Kolkata.
- Cost: an ad valorem court fee set by the state Court Fees Act, so the rate and any cap vary by state.
01What probate is
Probate is a certified copy of the will, issued under the seal of a competent court, that establishes two things: that the will is the last valid will of the deceased, and that the executor named in it has authority to administer the estate.
Probate can only be granted to an executor, that is, the person the will itself appoints to carry out its terms. Once probate is granted, the executor can deal with the assets, pay the debts, and distribute the estate according to the will, with the court order behind them.
Probate does not change what the will says. It proves the will is genuine and gives the executor the authority to act on it.
02When probate is needed
Probate is useful whenever the people holding the assets want a court order before they act on a will. Banks, company registrars, housing societies and sub-registrars often ask for probate so that they are protected when they transfer an asset.
Even where probate is not strictly compulsory, an executor may choose to apply for it. A grant of probate puts the validity of the will beyond ordinary dispute and makes it far easier to deal with institutions that want certainty before they release money or transfer shares.
03The 2025 change to the compulsory rule
For many years, Section 213 of the Indian Succession Act, 1925 made probate (or letters of administration with the will annexed) compulsory to establish any right as an executor or legatee under certain wills. Read with Section 57, this applied mainly to wills made by Hindus, Buddhists, Sikhs and Jains within the ordinary original civil jurisdiction of the High Courts of Bombay (Mumbai), Calcutta (Kolkata) and Madras (Chennai), or to wills dealing with immovable property within those limits.
This compulsory requirement has now been removed. The Repealing and Amending Act, 2025 is reported to have omitted Section 213, so probate is no longer a mandatory gatekeeper to enforce rights under a will, including in Mumbai, Chennai and Kolkata. How this applies to wills made before the amendment is not yet settled, and courts may treat older wills under the earlier rule.
Check the amended text
Because this is a recent change, confirm the current position of Section 213 against the official amended Act and any transitional provision before you rely on it. Probate still remains available and is often worth taking even where it is not compulsory.
04Which court to approach
Probate is granted by a court of competent jurisdiction. In districts, the District Judge has the power to grant and revoke probate for cases within the district. In the presidency towns, the High Courts of Bombay, Madras and Calcutta exercise this power on their original side.
Which court you approach depends on where the deceased lived and where the assets lie. For high-value estates in the three High Court cities, the petition is often filed on the original side of the High Court; elsewhere it goes to the District Judge.
05The step-by-step procedure
- File the petition: the executor files a petition for probate, with the original will and the death certificate, setting out the assets and their value.
- Verify the will: the petition is supported by affidavits, usually of at least one attesting witness to the will, to prove due execution.
- Citations and notice: the court issues citations or public notice to the legal heirs and the public, so that anyone who wants to object can do so.
- Hearing: if no one objects, the matter is dealt with on the papers. If someone objects, the petition becomes a contested testamentary suit.
- Grant: once satisfied, the court grants probate, and the court fee is paid on the value of the estate.
06Cost and timeline
The main cost is the court fee, which is ad valorem, that is, a percentage of the value of the estate covered by the will. The rate and any cap are set by the Court Fees Act as it applies in the relevant state, so the amount differs from state to state.
On timeline, an uncontested probate can be granted in a few months, driven by the citation and notice period. A contested matter, where an heir disputes the will, turns into a testamentary suit and can take much longer, as the court must decide whether the will is genuine.
07If there is no executor
Probate can only go to an executor named in the will. If the will does not name an executor, or the executor has died or declines to act, probate is not the route. In that case the estate is administered through letters of administration with the will annexed.
If there is no will at all, the estate is intestate, and the heirs apply for letters of administration. For a focused need, such as only collecting bank balances or shares, a succession certificate may be enough.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A probate petition can turn into a contested testamentary suit that runs through hearings and appeals, and the ground is shifting after the 2025 amendment. Claw follows cases, orders and hearings across 9,102 courts, benches and forums and searches 30 crore+ judgments by party or advocate name, with results in under 5 seconds, so you can watch your own petition, read how High Courts have applied the probate provisions, and keep up with recent rulings on the changed law. Its coverage reaches Supreme Court decisions from 1950 and High Court decisions from 1990. Claw does not use your case documents to train any AI model.
Open a free Claw account to keep your probate matter tracked by party or advocate name. To search the wider body of law, see case search across Indian courts.
09Sources and further reading
- India Code (official text of the Indian Succession Act, 1925, as amended): indiacode.nic.in
- District Courts, eCourts (local testamentary practice): districts.ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The law on probate changed in 2025 and local practice differs, so check the current amended text and take advice from counsel before you act.
10Frequently asked questions
What is probate of a will?
Probate is a certified copy of a will, granted under the seal of a competent court, that confirms the will is genuine and gives the executor named in it the authority to administer the estate. It does not change what the will says.
Is probate compulsory in India?
It is no longer compulsory as a general rule. For years Section 213, read with Section 57, made probate compulsory for certain wills made by Hindus and others in Mumbai, Chennai and Kolkata. The Repealing and Amending Act, 2025 is reported to have removed that requirement, though older wills may still be judged under the earlier rule.
Which court grants probate?
A District Judge grants probate for cases within the district, while the High Courts of Mumbai, Chennai and Kolkata exercise this power on their original side. Which court you approach depends on where the deceased lived and where the assets are.
How much does probate cost?
The main cost is the court fee, which is ad valorem, a percentage of the value of the estate. The rate and any cap are set by the Court Fees Act as it applies in the relevant state, so the amount differs from state to state.
What if the will names no executor?
Probate can only go to an executor. If the will names none, or the executor cannot act, the estate is administered through letters of administration with the will annexed. If there is no will at all, the heirs apply for letters of administration.
Can I track a probate case in Claw?
Yes. Claw follows cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name, and searches 30 crore+ judgments, from the Supreme Court since 1950 and High Courts since 1990, with results in under 5 seconds. It tracks and researches the matter but does not give legal advice.