As the executor named in a will, you apply for probate by petition to the District Judge where the deceased had a fixed place of abode or any property, or to the High Court. In Mumbai the petition is filed in the Bombay High Court, where the Prothonotary and Senior Master deals with an uncontested petition.

WillJini assists end to end with the advice, the process and the correspondence.

Where this page sits

If you are still working out whether the estate needs a grant at all, start with whether a registered will needs probate.

Related guides:

• Will executors in India
• Challenging a will
• Transfer of property after death

Why Probate? When Is It Necessary?

Probate is a court's confirmation that a deceased person's will is genuine, and it lets the executor named in the will take charge of the estate. But here’s the catch: probate is not mandatory in all situations.

You may need to apply for probate when:

• There is immovable property involved, especially in metros like Mumbai, Kolkata, or Chennai.
• The executor needs to prove their legal authority to banks or other financial institutions.
• The Will is being contested by legal heirs, or there are objections from family members.
• The Will was executed in a jurisdiction where probate is mandatory under the Indian Succession Act, 1925.
• The estate is large or complex, and having a probate certificate ensures a smooth transfer of assets.

Understanding whether probate is required depends on the nature and value of assets, and whether the Will is valid without probate.

Signs That You Must File for the Probate Petition

• The death of the testator occurred in a city where probate is mandatory for wills.
• The assets of the testator are in a city where probate is mandatory for Wills.
• The value of the assets is substantial and includes properties, fixed deposits, or stocks.
• If you’ve been told by a bank or institution to obtain probate before releasing funds, it may be necessary to obtain probate to prove authority.
• There is a dispute among legal heirs, or someone is seeking probate to override the Will.

What Is the Procedure for Probate of a Will, Step by Step?

Step 1: Advisory and appointment of a lawyer

Under the Indian Succession Act, 1925, probate goes only to an executor the will appoints, expressly or by necessary implication, and never to a minor or a person of unsound mind. If the will names no executor, or the executor cannot or will not act or has died, a residuary legatee takes letters of administration with the will annexed. A named executor is first cited to accept or renounce.

In the Bombay High Court a petition may be made in person or through an Advocate; in WillJini's process a lawyer is appointed at this step.

Step 2: Affidavits from the heirs and witnesses, with the property list and valuations

The petition attaches the will and states the time of death, that it is the last will and was duly executed, that the petitioner is the executor named, and the assets likely to come to the executor's hands (by State, if some lie in another). A will in another language needs a translation.

The petitioner verifies the petition, and so does at least one attesting witness when one can be found; a knowingly false statement in the petition is an offence. In the Bombay High Court, if no attesting witness can give an affidavit, someone else present at the signing gives one. That court does not serve notice on an heir whose consent is filed with the petition.

Step 3: The court fee, by the size of the estate and the State

The court fee is charged on the net estate, after debts, funeral expenses, mortgage incumbrances and property held in trust are deducted in the valuation filed with the petition. In Maharashtra, no order is made until the valuation is filed and the fee paid on it. The Collector, or from the High Court the Chief Controlling Revenue Authority, is told of every petition and may report an under-valuation. An under-valued estate is stamped later, at the proper fee plus five times that fee within a year of the grant, or twenty times after.

Step 4: Court visits and objections, if any

The court issues citations to everyone claiming an interest, fixed at the court house and the Collector's office and published as the Judge directs. In the Bombay High Court the citation is served personally where possible and published in newspapers only where it cannot be, and no grant is made until fourteen clear days after service, publication and affixing.

A caveat halts the petition until the caveator has notice, and a contested petition runs as a regular suit. In the Bombay High Court the caveat is due within fourteen days of service and its affidavit within eight days; once that affidavit is filed the petition becomes a suit, and a caveat that misses either deadline does not prevent the grant.

The grant issues under the court's seal, takes effect over all the property in the State of grant, binds the deceased's debtors and validates the executor's acts since the death. A Bombay High Court grant covers only Maharashtra unless the petition asks for all of India, which can also be added later on paying fee on the extra property.

What Documents Are Required for Probate of a Will?

A petition for probate is filed with the original will, the death certificate, an attesting witness's affidavit and the details and valuation of the assets. WillJini may also ask for affidavits from all legal heirs and the list of all properties with their valuations.

In the Bombay High Court, the Original Side rules ask for the petition in Form No. 97, a copy of the will with the original lodged with the Prothonotary, and an official translation if it is not in English. Schedules in Forms 98 to 100 cover the property and credits, the debts and deductions that give the net estate, and property held in trust. The executor's oath is Form No. 101, an attesting witness's affidavit is Form No. 102 where one is available, and a vakalatnama is filed unless the petitioner appears in person. The court may also ask for proof of identity of the deceased or the applicant.

The Delhi High Court receives no probate petition without an affidavit of valuation of the estate and an affidavit of proof or certificate of death, and the petition's memo of parties names the family who would inherit on an intestacy. For document assistance in Delhi, visit probate in Delhi.

How Much Is the Court Fee for Probate?

The court fee for probate is fixed by each State's own Court-fees Act. In Maharashtra, a net estate of Rs 5,00,000 pays Rs 28,000, and one of Rs 10,00,000 pays Rs 65,500.

Under Schedule I Article 10 of the Maharashtra Court-fees Act, 1959, probate and letters of administration are charged at the same rates, band by band: 2 per cent up to Rs 50,000 once the value exceeds Rs 1,000, 4 per cent from Rs 50,000 to Rs 2,00,000, 6 per cent from Rs 2,00,000 to Rs 3,00,000, and 7.5 per cent above Rs 3,00,000. A fee already paid on a succession certificate for the same estate is deducted from the fee on a later probate or letters.

WillJini lists services for probate in Mumbai, probate in Bangalore, and probate in Hyderabad.

Can an Executor Who Lives Abroad Apply for Probate?

An executor who lives abroad can apply for probate, verifying the petition himself. If he is outside the State and no executor within it will act, his attorney may instead take letters with the will annexed, for the executor's benefit and limited until the executor takes a grant himself.

In the Bombay High Court, that attorney must live in Maharashtra and apply through an Advocate of the court. The Prothonotary may require further proof of the power of attorney unless it can be presumed genuine. Under section 84 of the Bharatiya Sakshya Adhiniyam, 2023, a court presumes that a power of attorney executed before and authenticated by a notary public, or an Indian consul or vice-consul, was so executed.

The attorney's grant carries the administration bond if the person who died was a Hindu, Muslim, Buddhist, Sikh or Jain, and in the Bombay High Court that bond is Form No. 118, with one surety for the gross value unless the Judge directs otherwise. If a court abroad has already proved the will, letters can be granted with a copy of the authenticated copy annexed.

See inheritance assistance for NRI and power of attorney in India.

How Long Does the Probate Process Take?

WillJini puts a probate at about 6 to 12 months, depending on location, the complexity of the assets and the cooperation of all family members. The law itself fixes only minimum periods and deadlines: no probate is granted until seven clear days after the death, and no letters of administration until fourteen.

In the Bombay High Court, a petition made more than three years after the death has to explain the delay, and one not pursued for a year after filing is treated as disposed of. Once probate is granted, the executor has six months to file an inventory and a year to file an account, in the court that granted it.

Does the Court Always Grant Probate?

The court does not grant every petition: a District Judge may refuse one where the deceased had no fixed place of abode in the district. A grant, once made, may also be revoked for just cause, which includes defective proceedings, an untrue allegation of an essential fact even if it was made innocently, and a wilful failure to file the inventory or account. An appeal lies to the High Court.

What If There’s No Will? Is Probate Still Needed?

Without a will there is no probate, because probate goes only to an executor that a will appoints.

Unlike cases where a Will exists and probate is mandatory only in certain situations, here, everything is guided by succession laws.

The family may instead petition for letters of administration. The Bombay High Court takes that petition in Form No. 103, with the administrator's oath in Form No. 104, and it names everyone with a prior right to the grant. Every administrator gives the court a bond with at least one surety.

For a Hindu, Muslim, Buddhist, Sikh or Jain, letters go to someone entitled under the distribution rules that apply to the deceased, or to a creditor if no such person applies. The Hindu Succession Act, 1956 governs a Hindu, Buddhist, Jain or Sikh, and for a Muslim, Muslim personal law is the rule of decision on intestacy.

A succession certificate covers only the debts and securities it names, so it cannot be used for a flat. Letters of administration are not needed to establish a right to the property of a Hindu, Muslim, Buddhist, Sikh, Jain, Indian Christian or Parsi who died intestate, though they remain available.

See obtaining a succession certificate or letter of administration, probate vs letter of administration, succession certificate procedure, and intestate meaning under Indian law.

Can You Avoid the Probate Process Altogether?

Yes, in some situations:

• If assets were in smaller amounts and held in savings or insurance accounts, probate is not mandatory.
• Some families manage asset transfers using affidavits, release deeds, and no-objection letters. But this can backfire if a dispute arises.

Without probate, institutions may not release large sums or allow property transfers, especially in urban centers like Mumbai and Kolkata, where probate is mandatory for most Wills.

How Does WillJini Handle a Probate Petition?

WillJini's probate service assists with a petition from the appointment of a lawyer to the court visits and any objections. Its fee is quoted on enquiry.

FAQs

Who can file a probate petition?

Only the executor the will appoints, expressly or by necessary implication, can petition for probate, provided he is not a minor or a person of unsound mind.

Where is a probate petition filed?

The executor petitions the District Judge where the deceased had a fixed place of abode or any property, or the High Court, which has concurrent jurisdiction. In Greater Mumbai, that is the Bombay High Court on its Original Side.

Can I apply for probate without a lawyer?

In the Bombay High Court, a petition may be made in person or through an Advocate, and a party in person pays the court fees in advance in court-fee stamps. With WillJini, a lawyer is appointed at the first step.

How do you probate a registered will?

A registered will is probated with the same petition as any other will. Registration does not excuse proving it by an attesting witness, because under the Bharatiya Sakshya Adhiniyam, 2023 only a registered document that is not a will can be proved without calling one.

What does the executor do after probate is granted?

Within six months of the grant, the executor files an inventory in the court that granted probate, and within a year an account. A wilful failure to file either is a ground for revoking the grant.

How much is the court fee for probate?

Each State sets the probate court fee in its own Court-fees Act, and the fee is charged on the net estate. Under Schedule I Article 10 of the Maharashtra Court-fees Act, 1959, a net estate of Rs 5,00,000 is charged Rs 28,000.

How long does it take to probate a will in India?

WillJini's estimate for a probate is about 6 to 12 months, depending on location, the complexity of the assets and the cooperation of all family members. The law sets no overall time, and no probate can be granted until seven clear days after the death.

Can an executor who lives abroad apply for probate?

An executor living abroad can take probate by verifying the petition himself, because probate is granted only to the executor. If he is outside the State and no executor within it will act, his attorney may take letters of administration with the will annexed, limited until the executor takes a grant himself.