Do you need probate to inherit property in India? Here’s how probate works, who needs it, and what legal heirs should do

Writing a will is an important step in estate planning, but it is not always the final one. After a person’s death, legal heirs may still have to complete several legal formalities before property, bank accounts, shares or mutual fund investments can be transferred in their names. One of the most commonly misunderstood terms in this process is probate which is a court-issued certificate that validates a will.

Although probate is no longer mandatory in India following a legal change in 2025, experts say it can still play an important role in ensuring a smooth transfer of assets and reducing the scope for disputes.

What is probate and when do you need it?

Probate is a legal process through which a civil court verifies the authenticity of a will and authorises the executor named in it to administer the deceased person’s estate.

“Probate is essentially a court’s way of validating the authenticity and genuineness of a Will in addition to validating that the Executor named has the authority to carry it out,” said Shraddha Nileshwar, Head – Will & Estate Planning at 1 Finance.

According to her, the court examines whether the will is genuine and whether the person making it was of sound mind before granting the executor legal authority to distribute the estate. Since a will is a private document, probate historically gave banks, registrars and financial institutions the confidence to honour it.

The legal position changed in December 2025 when Parliament passed the Repealing and Amending Act, 2025, repealing Section 213 of the Indian Succession Act, 1925. Probate is now voluntary across India, including Mumbai, Chennai and Kolkata, where it was previously compulsory.

However, Nileshwar said families with high-value estates or the possibility of inheritance disputes may still benefit from obtaining probate voluntarily. A probated will also gives banks, housing societies and prospective buyers greater confidence because its authenticity has already been examined by a court.

It is important to note that probate is not proof of ownership. It merely validates the will and authorises the executor to act on it. Ownership is transferred later through mutation of revenue records or other applicable legal procedures.

Probate is often confused with other succession documents. A succession certificate is issued by a civil court when a person dies without leaving a will and helps legal heirs collect movable assets and outstanding debts. A legal heir certificate, issued by revenue authorities, primarily establishes the identity of legal heirs for administrative purposes and does not determine ownership rights where disputes arise.

What happens if there is no will?

If a person dies without leaving a will, probate does not apply. Instead, the estate is distributed according to the applicable personal succession laws, such as the Hindu Succession Act, 1956 for Hindus, Buddhists, Sikhs and Jains, the Indian Succession Act, 1925 for Christians and Parsis, and Muslim Personal Law for Muslims.

To claim movable assets such as bank deposits and investments, legal heirs generally require a succession certificate. Immovable property is transferred through mutation of revenue records or other legal procedures. A legal heir certificate may be sufficient for certain administrative formalities but is generally inadequate where ownership is disputed.

A will covers all assets, including property, bank accounts, fixed deposits, shares and mutual funds. According to Nileshwar, financial institutions often ask for a probated will before releasing funds, particularly where there is no nomination or where the nomination itself is disputed.

She also cautioned against a common misconception regarding nominees. While nominees may receive the proceeds of insurance policies, provident funds or jointly held bank accounts without probate, they do not automatically become the legal owners of those assets. Other legal heirs continue to retain their succession rights under the applicable inheritance laws.

Probate can also be challenged. Under Section 263 of the Indian Succession Act, a court may revoke a probate if it is established that the will was forged, obtained through fraud or undue influence, executed when the testator lacked mental capacity, or had been revoked before death. However, the burden of proof lies with the person challenging the probate, and mere family disagreements are generally insufficient.

With probate no longer mandatory, Nileshwar said the responsibility of ensuring that a will is properly drafted, correctly signed and duly witnessed has become even more important. A well-prepared will can help ensure a smoother transfer of assets while reducing the likelihood of disputes among legal heirs.