Probate no longer mandatory: what it means for estate planning

I am a 64-year-old Mumbai resident and have willed my house and investments to my children. I heard that probate is no longer compulsory. Is that correct?- Name withheld on request

Yes. Section 213 of the Indian Succession Act, 1925 was omitted by the Repealing and Amending Act, 2025 with effect from 20 December 2025.

Earlier, Section 213 restricted certain executors and beneficiaries from establishing rights under a will in court unless probate or letters of administration had first been obtained. That statutory requirement has now been removed.

Q. Was probate compulsory for every will in India?

No. Even earlier, the requirement did not apply uniformly across India.

For Hindus, Buddhists, Sikhs and Jains, it broadly applied to specified wills connected with the territories falling within the original civil jurisdiction of the high courts at Mumbai, Chennai and Kolkata. Different rules applied to certain other communities.

The omission of Section 213 has now removed that statutory distinction.

Q. Does this mean probate has been abolished altogether?

No. Probate continues to exist under the Indian Succession Act.

An executor named in a will may still apply for probate. Once granted, probate provides judicial authentication of the will and confirms the executor’s authority to administer the estate.

Therefore, the change removes compulsory probate in cases earlier covered by Section 213; it does not abolish probate as a legal remedy.

Q. Can you explain this through an example?

Suppose Rajiv owns a property in Mumbai and leaves it equally to his two children under a will, appointing his daughter Aditi as executor.

Earlier, if the will fell within Section 213, Aditi could be required to obtain probate before establishing her rights under the will.

Following the omission of Section 213, that statutory bar no longer applies merely because the property is situated in Mumbai.

Q. Why would someone still obtain probate?

Probate may still be useful where the estate is substantial, family relations are strained, competing wills exist, or the validity of the will is likely to be challenged.

A probate order provides judicial confirmation of the will and can reduce uncertainty in the administration of a disputed estate.

Banks, depositories, companies, housing societies and other authorities may continue to prescribe their own transmission requirements, including production of the will, death certificate, KYC documents, affidavits or indemnities.

Accordingly, the key takeaway is that probate is no longer mandatory merely because Section 213 previously applied, but it may still be useful in complex or contested estates.

Aditya Chopra is the managing partner and Amay Jain, senior associate at The Victoriam Legalis (TVL)