Succession rules, documents and costs
Probate in India after 2025: section 213 omitted, and when you still need probate
Section 213 of the Indian Succession Act was omitted in December 2025. When probate is still useful, the procedure and an illustrative cost.
Probate is a court's certificate that a will is genuine and that the executor named in it may administer the estate. Until December 2025, section 213 of the Indian Succession Act, 1925 said that no right as executor or legatee could be established in any court under certain wills unless probate or letters of administration had been granted. In practice that made probate a necessity for wills made by Hindus, Sikhs, Jains and Buddhists within the old presidency towns of Mumbai, Chennai and Kolkata (or covering immovable property there), and for Parsi wills. The Repealing and Amending Act, 2025 (No. 37 of 2025), which received assent on 20 December 2025, omitted section 213 and the related references in sections 3 and 370. Probate is no longer a statutory precondition anywhere in India. It remains available, and banks, registrars and housing societies may still ask for it, especially where the will is large, complex or disputed.
This guide is part of the inheritance law overview. For estates without a will, see the certificates comparison.
What exactly changed
| Provision | Before 20 December 2025 | After |
|---|---|---|
| Section 213 | Executor or legatee could not establish a right in court under a will covered by s. 57(a)/(b) or a Parsi will without probate or letters of administration | Omitted |
| Section 3(1) | Allowed state governments to exempt communities from certain sections, including s. 213 | Reference to s. 213 omitted |
| Section 370 | Barred a succession certificate where the right had to be established by probate or letters of administration under s. 213 | Bars it only where the right must be established by letters of administration; clause (b) of sub-section (2) omitted |
The Act's savings clause (section 4) keeps the validity of things already done and proceedings already pending, so a probate petition filed before the change can continue. Whether a pending suit that was stuck for want of probate can now proceed depends on the court; ask the advocate handling it.
Why you might still apply for probate
- Institutions ask for it. RBI's claim rules for banks (in force from 1 April 2026) say claims involving a will are settled on probate or letters of administration, but a bank may use its discretion to act on the will without probate when there is no dispute and it is satisfied the will is genuine.
- Conclusive proof. A probate binds everyone (it is a judgment in rem). Once granted, the will is much harder to attack.
- Property transfers. Sub-Registrars, development authorities and cooperative housing societies may want probate before mutating or transferring a flat on the strength of a will.
- Disputes. If a relative threatens to challenge the will, an early probate petition brings objections out and resolves them.
- Estates abroad or with foreign heirs. Foreign banks and registries often recognise an Indian probate more readily than an unprobated will.
If the will is simple, all heirs accept it and the institutions concerned are willing to act on it, many families will now skip probate and save the court fee and time.
Who can get probate, and what the alternatives are
- Probate can be granted only to an executor named in the will, expressly or by implication (section 222).
- If no executor is named, or the executor has died or refuses, beneficiaries can seek letters of administration with the will annexed.
- Where there is no will, an heir seeks letters of administration or, for debts and securities only, a succession certificate.
The probate procedure, step by step
- Original will. The executor files a petition with the original will (or a certified copy if a registered original is with the Sub-Registrar) in the District Court with jurisdiction, or on the original side of the Bombay, Madras or Calcutta High Court where that applies.
- Petition contents. Details of the deceased, the will, the executor, the heirs and the assets and liabilities with values (section 276), verified by the petitioner and by at least one attesting witness where available (section 281).
- Court fee. Paid under the state court fees law, usually as a percentage of the estate's value.
- Citations. Notice goes to the heirs who would inherit if there were no will, and a public notice is published.
- No objection. If nobody objects within the time allowed, the court examines the evidence of due execution, often the testimony of an attesting witness, and grants probate.
- Caveat. If someone files a caveat, the petition becomes a contested suit, with pleadings, evidence and arguments. This can take years.
- After grant. The executor collects assets, pays debts and distributes as the will directs. Within six months, or such time as the court allows, the executor files an inventory, and within a year an account (section 317).
Cost drivers and an illustrative example
The main costs are the court fee, which some states cap and others charge on slabs, the advocate's fee, valuation reports for property, publication and copying charges, and any security the court requires.
Illustrative example. A Mumbai flat valued at ₹1.5 crore and investments of ₹50 lakh are left by will to two children, with one child as executor. Assume a court fee of 2% (check the state's actual schedule, which may be lower or capped), an advocate's fee of ₹75,000 and ₹15,000 of other costs:
- Court fee: 2% × ₹2 crore = ₹4,00,000
- Advocate and other costs: ₹90,000
- Total: about ₹4.9 lakh
Before 2025 this cost was hard to avoid for such a will. Now the family can first ask the society, the Sub-Registrar and the fund houses whether they will act on the will with indemnities and no-objection letters from the other heirs. If they will, probate may be unnecessary. Try your own figures with the cost calculator.
Checklist before deciding
- Is the will the last one, properly signed and attested by two witnesses?
- Is any heir likely to object, now or later?
- Will the bank, depository, society and land records office act without probate?
- Are there assets abroad?
- What would probate cost in your state, and is there a cap?
If the answers point to a dispute, read about common will mistakes and consult an advocate.
Frequently asked questions
Is probate now abolished in India?
No. Only section 213, which made it a precondition in certain cases, was omitted. You can still apply, and probate still has the strongest legal effect.
Is probate needed for a will made in Delhi or Bengaluru?
It never was compulsory there for Hindus. It was used when institutions insisted or the will was disputed, and that remains the position.
Does an executor get any authority without probate?
Yes. Under section 211, the deceased's property vests in the executor by virtue of the will itself. Probate proves that authority to the outside world.
Can a Muslim will be probated?
Probate is not required for Muslim wills, but an executor can apply for it under the Indian Succession Act. See Muslim inheritance.
Sources
- e-Gazette of India — Repealing and Amending Act, 2025 (No. 37 of 2025), Second Schedule
- Legislative Department — text of central Acts and amending Acts
- India Code — Indian Succession Act, 1925, ss. 57, 211, 222, 276, 317
- Reserve Bank of India — bank claim settlement rules involving wills
