A copy of the will certified under the seal of a court of competent jurisdiction is referred to as probate. When a will is granted probate, it establishes the will and authorizes all intervening actions taken by the executor. It provides unambiguous proof of the testator’s testamentary capacity as well as the validity and proper execution of the will.

A succession certificate is not the same as a probate. When someone passes away testate, meaning they have a will in place, and their executor or beneficiary requests a grant of probate from the court, the probate is granted by the court. If an individual hasn’t left a “Will,” their heirs legally must petition the court to obtain a succession certificate, which will be granted in accordance with the relevant laws of inheritance.


In certain jurisdictions, if a person lives in Mumbai, Chennai, Kolkata, or has property there, probate is required. Probate is required. While it is not required for others, it is always advised for others as well because the title to the assets is stronger once a probate has been obtained.


Only the executor designated in the will may be granted probate. The appointment may be made explicitly or implicitly through necessary inference.

It cannot be awarded to any individual who is underage or mentally incompetent, nor to any group of people unless the group is a business that meets the requirements outlined in the regulations issued by the state government.


The will in question needs to be filed in court with a petition for probate:

  1. the time of the testator’s death
  2. that the writing annexed in his last will and testament
  3. that it was duly executed
  4. the amount of assets which are likely to come to the petitioner’s hands,
  5. the petitioner is the executor named in the will

The executor or beneficiary must sign and attest to the probate application.

Along with the application, the petitioner must provide blank stamp paper worth the required court fee. On the aforementioned stamp paper, the court will grant the probate.

The court notifies the deceased person’s heirs to file any objections to the grant of probate after receiving the petition.

A notice to the general public is also published in a newspaper.

Thereafter, the petitioner will be required to establish the following:

  1. proof showing testator’s death
  2. proof showing that will was validly executed by the testator
  3. that it is the last will of the testator and testament of the deceased.

The executors who are not based in India will need to grant a Power of Attorney in favor of an Indian person in order to file the Petition in India.

The executor designated in the will, will receive probate from the court upon confirmation that the will in question has been duly executed.


If the deceased passed away intestate and was a Hindu, Muhammadan, Buddhist, Sikh, Jain, or exempt individual, the court may grant administration of his estate to any individual who would have been entitled to all or any portion of the deceased’s estate under the estate distribution guidelines. The court may choose to award the administration to any one of these individuals when multiple of them apply. If no such person applies, it might be given to one of the deceased’s creditors.

By virtue of letters of administration, the administrator is entitled to all intestate rights in the same manner as if the administration had been granted at the time of his passing.

A court application is required in order for the beneficiary to receive a letter of administration. After obtaining adequate evidence of the will’s legal execution, the court grants the beneficiary a letter of administration.

The following information must be included in the letter of administration application:

  1. the time of the testator’s death
  2. that the writing annexed in his last will and testament
  3. that it was duly executed
  4. the amount of assets which are likely to come to the petitioner’s hands,
  5. the petitioner is the executor named in the will

Our firm, Law Offices of Kr. Vivek Tanwar Associates and Advocates, specializes in providing Legal Assistance in the matters pertaining to Probate, Letter of Administration and Succession Certificate.

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