Succession rules, documents and costs
Succession certificate vs legal heir certificate vs letters of administration: which one you need
Legal heir certificate, succession certificate, probate or letters of administration: who issues each, costs, timelines and which you need.
A legal heir certificate is an administrative document from the revenue authorities (usually the Tahsildar, Mandal Revenue Officer or Sub-Divisional Magistrate) that lists the deceased's family members. It is used for pensions, utility transfers, government dues and smaller claims. A succession certificate is a civil court order under Part X of the Indian Succession Act, 1925 that authorises named people to collect debts and securities such as deposits, shares and bonds when there is no will. Probate certifies a will and its executor, and letters of administration appoint an administrator where there is no executor or no will. None of them by itself decides final ownership in a dispute. They decide who may collect and give a receipt.
This guide is part of the inheritance law overview. For wills and executors, see the probate guide.
Side-by-side comparison
| Legal heir certificate | Succession certificate | Probate | Letters of administration | |
|---|---|---|---|---|
| Issued by | State revenue officer | District Judge or a court empowered by the state | District Judge or High Court (original side in some cities) | District Judge or High Court |
| Law | State government orders and rules | Indian Succession Act, ss. 370–390 | Indian Succession Act, Part VIII and IX | Indian Succession Act, Part VIII and IX |
| When used | No will; family list needed | No will; debts and securities to be collected | There is a will with an executor | No executor, or no will and an estate (including property) to administer |
| Covers | Proof of relationship | Debts and securities named in the certificate | Whole estate covered by the will | Whole estate |
| Court fee | Small or none, set by the state | Percentage of the value, set by state law | Percentage of the estate, set by state law | Percentage of the estate, set by state law |
| Typical time if no objection | Weeks | A few months, after public notice | A few months to a year | A few months to a year |
| Objections | Inquiry by the officer | Anyone can object after notice; contested cases take longer | Caveat turns it into a contested suit | Caveat turns it into a contested suit |
Names and procedures for the legal heir certificate differ: some states issue a "family member certificate" or "survivorship certificate", and some issue it only for particular purposes. Check your state's revenue department portal or the e-District service.
The legal heir certificate in practice
Typical documents: application form, death certificate, ID and address proof of the applicant, proof of relationship of each heir (birth certificates, school records, Aadhaar or ration card), and a self-declaration or affidavit listing all the heirs. Many states require a local inquiry or public notice.
Used for: family pension, gratuity and provident fund claims in government service, transfer of electricity and water connections, property tax mutation in some municipalities, compassionate appointment, and bank deposits below the RBI threshold under the simplified procedure.
Limits: it lists the family; it does not apply personal law to say how much each heir takes, and it is not binding in a dispute over a will.
The succession certificate in practice
You petition the District Judge where the deceased ordinarily lived (or where the property is, if they had no fixed home in India). Under section 372, the petition states:
- Date and place of death, and the deceased's residence
- The family and other relatives, and their residences
- The right of the petitioner
- That there is no impediment under the Act
- The debts and securities for which the certificate is sought, with their value
The court issues notice to the heirs and publishes a general notice. After the waiting period and any hearing, it may grant the certificate, which can require a security bond (section 375). Under section 381, payments made in good faith to the holder discharge the debtor. Section 214 bars a court from passing a decree against a debtor in favour of someone claiming as heir unless they hold probate, letters of administration or a succession certificate.
A succession certificate does not cover immovable property. For land and flats, heirs rely on the will, a registered family settlement, a release deed, mutation records or, in a dispute, a civil decree.
Worked cost example (illustrative)
A widow and two sons need to collect unnominated debentures and bonds worth ₹25 lakh.
| Item | Assumption | Amount |
|---|---|---|
| Court fee | Assumed 2% of ₹25 lakh (check your state's schedule; some states use slabs or caps) | ₹50,000 |
| Advocate's fee | Assumed fixed fee for an uncontested petition | ₹35,000 |
| Copies, notary, publication | Assumed | ₹6,000 |
| Total | ₹91,000 |
About ₹24.09 lakh reaches the heirs, plus interest earned while the petition is pending. If a contest arises, add months and further fees. Use the succession certificate cost calculator with your state's rate.
Decision guide: which document do I need?
- Is there a nominee or survivor? Bank, depository and fund-house rules let the nominee or survivor claim with a claim form and death certificate. You may need nothing from a court.
- Is there a will? If yes, the executor or beneficiaries use the will, and probate if an institution or registrar insists or the will is disputed.
- No will, a bank deposit and no dispute? Under the RBI rules in force since 1 April 2026, a bank must settle up to its threshold (at least ₹15 lakh; ₹5 lakh at co-operative banks) on a claim form, indemnity, no-objection letters and a legal heir certificate or declaration. Above the threshold it accepts a succession certificate or a legal heir certificate or affidavit with a surety. See claiming a deceased depositor's account.
- No will, shares, bonds or money owed to the deceased, and the institution insists? Apply for a succession certificate.
- No will and property to administer, or heirs cannot agree who should manage? Consider letters of administration.
Common mistakes
- Applying for a succession certificate for a bank deposit the bank should settle under the simplified procedure
- Leaving out an heir in the petition or affidavit, which can lead to revocation (section 383)
- Expecting a legal heir certificate to transfer a flat on its own
- Signing a no-objection letter without understanding that you are giving up your claim to that asset
More failure cases are in inheritance and will mistakes.
Frequently asked questions
Is a legal heir certificate the same as a succession certificate?
No. A legal heir certificate is issued by a revenue officer and lists family members. A succession certificate is a court order authorising collection of specific debts and securities.
Can a Muslim family use a succession certificate?
Yes. Part X of the Indian Succession Act applies to all communities, including Muslims. The certificate is granted according to the heirs' rights under their personal law, such as the shares described in the Muslim inheritance guide or the Class I heirs guide.
Can one succession certificate cover several banks?
Yes. List every debt and security in the petition. You can apply later to extend the certificate to items left out (section 376).
Do I need a succession certificate if I have the will?
Usually not. A succession certificate is for estates without a will. With a will, the executor uses the will, and probate or letters of administration with the will annexed if required.
Sources
- India Code — Indian Succession Act, 1925, Part X (succession certificates) and ss. 214, 222
- Reserve Bank of India — claim settlement rules for deceased depositors
- e-Gazette of India — amendments to the Indian Succession Act
- eCourts Services — case status for petitions in district courts
