How to Probate a Will in India

Probating a Will means legally proving its authenticity before a court. Probate is a judicial certificate that confirms the Will is genuine and that the executor has the authority to administer the estate of the deceased.
While probate is not required for every Will in India, it becomes mandatory in certain regions and situations.

This blog explains what probate is, when it is required, and how the probate process works step-by-step.

🔹 1. What Is Probate of a Will?

Probate is a legal order issued by a court (usually the District Court or High Court) certifying:

• The Will is valid and genuine

• The executor named in the Will is authorised to distribute assets

• All legal formalities have been fulfilled

It gives legal recognition to the Will and protects it from disputes.

🔹 2. When Is Probate Mandatory in India?

Probate is mandatory when:

✔ The Will was executed by a Hindu, Sikh, Jain, or Buddhist AND

✔ The property mentioned in the Will is located in:

• Mumbai

• Chennai

• Kolkata

• Or any territory that was part of former British Presidencies

In these regions, probate is compulsory for the Will to operate legally.

🔹 3. When Is Probate Not Mandatory?

Probate is generally not mandatory when:

• The Will is executed outside the above regions

• Property is located in areas where probate is not compulsory

• There is no dispute among legal heirs

However, even when optional, getting probate is advisable because it prevents future legal challenges.

🔹 4. Who Can Apply for Probate?

✔ The Executor named in the Will

This is the person chosen by the testator to carry out the instructions in the Will.

If no executor is named:

• The legal heirs can apply for Letters of Administration instead of probate.

🔹 5. Documents Required for Probate of a Will

The following documents are usually required:

• Original Will

• Death certificate of the testator

• Identity/address proof of the executor

• Details of legal heirs

• List of assets and property details

• Affidavit of executor

• NOC from legal heirs (optional but helpful)

• Supporting documents for any property mentioned in the Will

🔹 6. Step-by-Step Procedure to Probate a Will in India

Here is the complete probate process:

Step 1: Filing a Probate Petition

The executor files a petition before:

• The District Court, or

• The High Court (depending on state rules)

The petition must include:

• Details of the Will

• Assets of the deceased

• Names of legal heirs

• Statement that the Will is genuine

Step 2: Submission of Original Will and Death Certificate

The original Will must be produced for court verification.
The death certificate establishes that the Will has come into effect.

Step 3: Notice to Legal Heirs

The court issues notice to all legal heirs so they can:

• Support the Will, or

• Raise objections (if any)

This prevents secret or fraudulent probates.

Step 4: Newspaper Publication

A public notice is published in a newspaper so that:

• Anyone having objections can inform the court

• Creditors, relatives, or claimants may come forward

If no objections arise, the process moves faster.

Step 5: Evidence and Hearing

If objections are raised, the matter becomes a probate trial, where:

• Witnesses may be examined

• Attesting witnesses to the Will may be called

• Court checks the mental capacity of testator

• Court verifies signatures and circumstances

If no objections → the court checks the documents and moves to final order.

Step 6: Grant of Probate

When the court is satisfied:

• The Will is valid

• There is no fraud

• The executor is fit to administer the estate

It issues a Probate Certificate, which serves as legal proof of:

• Validity of Will

• Executor’s authority

• Right to administer property

🔹 7. How Long Does Probate Take?

The timeline typically depends on:

• Whether objections are raised

• Court workload

• Completeness of documents

Generally:

• Uncontested probate: 4 to 8 months

• Contested probate: 1 to 2 years (or more)

🔹 8. Court Fees for Probate

Court fees vary from state to state.

Some states charge:

• A percentage of the property value

• A fixed fee

• Slab-based fees

The executor must check the applicable fee schedule for that jurisdiction.

🔹 9. Can a Probate Be Challenged?

Yes.
Probate can be challenged on grounds such as:

• Will is forged or fabricated

• Testator lacked mental capacity

• Undue influence or coercion

• Suspicious circumstances

• Improper execution

• Existence of a later Will

In such cases, the court conducts a detailed inquiry.

⭐ Conclusion

Probate is the legal process that validates a Will and authorises the executor to distribute the estate. While not always mandatory across India, it is essential in certain cities and highly advisable where disputes may arise.
A properly probated Will provides clarity, legal certainty, and protection against future challenges.