Succession Certificate vs Probate: Which One Do You Need in India?
TL;DR
- A succession certificate under Section 370 of the Indian Succession Act, 1925 covers debts and securities of a person who died intestate.
- Probate under Section 222 of the same Act is a court-certified copy of a valid will, granted to the executor named in it.
- Probate is mandatory for wills of Hindus, Buddhists, Sikhs, and Jains in the original civil jurisdiction of Mumbai, Chennai, and Kolkata.
- Succession certificate covers movables and debts; for immovable property of an intestate, a legal heir certificate or court order is needed.
- Both certificates take 4 to 12 months and involve court fees of 2 to 3 percent of estate value subject to state caps.
What this means in plain terms
When a relative dies, the bank or registrar will not transfer assets just on the strength of a death certificate. They want a court order. Which court order you need depends on one fact: did the deceased leave a will?
If yes, the executor named in the will needs probate, the legal acknowledgement that the will is genuine. If no, the legal heirs need a succession certificate to claim debts and securities, and possibly a legal heir certificate to claim immovable property. Both come from civil courts, both take time, and both cost a percentage of the estate.
What is a succession certificate
Statutory basis and scope
A succession certificate is issued by a district judge under Sections 370 to 390 of the Indian Succession Act, 1925. It applies only when the deceased died intestate, that is, without a valid will, and only covers debts and securities such as bank deposits, fixed deposits, mutual funds, shares, bonds, and provident fund balances.
What it authorises the holder to do
The certificate authorises its holder to receive payment of debts and securities listed in it. Banks, AMCs, depositories, and corporate entities are bound to honour the certificate without questioning the holder's title further. The holder is also empowered to sue on the debts on behalf of the estate.
What it does not cover
A succession certificate does not cover immovable property, agricultural land, jewellery, vehicles, business interests, or chattels. For these, the legal heirs need either a partition deed, a legal heir certificate, or a separate court declaration depending on the asset.
Who can apply
Any legal heir under the relevant personal law: Hindu, Muslim, Christian, or Parsi. The applicant must establish relationship to the deceased through birth certificates, marriage certificates, ration cards, or other proof. The court issues notice to all known heirs before granting the certificate.
What is probate
Statutory basis and scope
Probate is the court's official copy of the will, granted under Section 222 of the Indian Succession Act, 1925 to the executor named in the will. It is conclusive evidence of the genuineness of the will and the executor's authority to administer the estate.
When probate is mandatory
Section 213 makes probate mandatory for wills of Hindus, Buddhists, Sikhs, and Jains where the property is in the ordinary civil jurisdiction of the High Courts of Mumbai, Chennai, and Kolkata, or where the will is made within those jurisdictions. Christians, Parsis, and Jews are similarly required to obtain probate in these territories.
When probate is optional
Outside the three metropolitan jurisdictions and for Hindus elsewhere, probate is optional but practically necessary. Banks, mutual fund houses, and registrars routinely demand probate before transmission. A letter of administration with the will annexed is the alternative when the executor named is unavailable.
Procedure for grant
The executor files a petition in the appropriate civil court with the original will, the death certificate, and a list of assets. The court issues a citation in a newspaper inviting objections. After 30 days without objection, the court grants probate.
Key differences in a table-style breakdown
Need for a will
A succession certificate applies only in intestate cases. Probate applies only where a will exists. The two are mutually exclusive in any given estate.
Scope of assets covered
A succession certificate covers debts and securities only. Probate covers the entire estate as listed in the will, including immovable property, business interests, and personal effects.
Court fees
Both attract court fees prescribed by the relevant state Court Fees Act. Typical rates are 2 to 3 percent of the value of debts and securities for a succession certificate, capped at Rs. 75,000 in most states. Probate fees are similar but on the entire estate value.
Time and complexity
A succession certificate typically takes 4 to 8 months. Probate takes 6 to 12 months because of the wider scope and the citation procedure. Contested probate cases can last years.
Procedural steps for each
Filing a succession certificate petition
The petition is filed in the district court within whose jurisdiction the deceased resided or where any part of the property is located. The petition must list all debts and securities, name all legal heirs, and be supported by a death certificate and identity proof of the applicant.
Filing a probate petition
The probate petition is filed by the executor in the court of competent jurisdiction. It must annex the original will, the death certificate, and an affidavit of the attesting witnesses. The court issues a general citation calling for objections.
Newspaper publication
Both petitions require publication of a general notice in a leading local newspaper inviting objections from heirs or creditors. This is a statutory safeguard against fraudulent grants and adds about 30 to 45 days to the process.
A real example
Rohan, 35, Rs. 22L CTC, Chennai, lost his father Karthik unexpectedly. Karthik left behind:
- A flat in Chennai worth Rs. 1.2 crore in his sole name.
- Bank fixed deposits of Rs. 35 lakh across three banks.
- A mutual fund portfolio worth Rs. 22 lakh.
- Shares in demat form worth Rs. 8 lakh.
- An unregistered will leaving everything to Rohan and his sister equally, with Rohan named as executor.
Since the flat is in Chennai (which falls within the ordinary civil jurisdiction of the Madras High Court), probate is mandatory. Rohan files a probate petition in the Madras High Court. Court fees on the total estate value of Rs. 1.85 crore at 2 percent capped at Rs. 75,000 in Tamil Nadu work out to Rs. 75,000. Lawyer's fees: Rs. 1.2 lakh. Newspaper citation: Rs. 8,000. No objections are filed.
Probate is granted in 7 months. Rohan then approaches the banks and AMC with the probate copy and transfers all assets jointly to himself and his sister, who release her share to him by deed. Total cost: Rs. 2.03 lakh. Total time: 8 months from death.
What to do this week
- Locate the original will, if one exists, and verify whether the deceased resided or held property in Mumbai, Chennai, or Kolkata.
- Gather death certificate, identity proof of the deceased, and a complete list of assets with current valuations.
- Engage a civil lawyer with probate experience; ask for a fixed-fee quote rather than hourly billing.
- Run the 6-step assessment at https://myfinancial.in to see your old-vs-new regime delta, unused deductions, and insurance gap in under 10 minutes.
- Keep certified copies of the eventual grant in three secure locations including a bank locker and a scanned cloud backup.
FAQ
Is probate mandatory for all wills in India?
No. Probate is mandatory only where the will deals with property in the ordinary civil jurisdiction of the High Courts of Mumbai, Chennai, and Kolkata, or where the testator was a Christian or Parsi within these territories. Elsewhere it is optional but practically required.
Can a succession certificate be obtained when a will exists?
Generally no. If a valid will exists, probate or letters of administration are the correct remedy. A succession certificate may still be sought for specific debts not covered by the will, but this is rare.
What is the court fee for probate?
Court fees vary by state. Maharashtra caps fees at Rs. 75,000, Tamil Nadu also caps at Rs. 75,000, Karnataka caps at Rs. 1 lakh. The fee is on the net estate value. Some states have higher caps for high-value estates.
Can NRIs apply for succession certificates?
Yes. An NRI legal heir can apply through a power of attorney holder in India. Original documents must be apostilled or attested by the Indian embassy. Most banks now accept video conference verification for NRI applicants.
What is a letter of administration?
A letter of administration is issued under Section 234 when the executor named in the will is unavailable or declines to act, or when the deceased died intestate but has substantial immovable property. It performs the same function as probate.
Can the grant be challenged after issue?
Yes. Section 263 allows revocation of probate or succession certificate on grounds of fraud, forgery, jurisdiction error, or material non-disclosure. The revocation petition must be filed in the same court that granted the certificate.
Do I need probate for jointly held assets?
No, for assets held in joint names with survivorship. The surviving holder takes the asset automatically on producing the death certificate. Probate is needed only for the deceased's sole-name assets.
Sources
- Indian Succession Act, 1925: https://legislative.gov.in/sites/default/files/A1925-39.pdf
- Court Fees Act, 1870: https://legislative.gov.in/sites/default/files/A1870-07.pdf
- RBI guidelines on transmission: https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx
- SEBI on transmission of securities: https://www.sebi.gov.in/
- Income Tax Department: https://incometax.gov.in/iec/foportal/
This is general information, not personalised advice. For your situation, consult a Certified Financial Planner.
