Understanding the difference between probate and a succession certificate is important for anyone dealing with inheritance, especially in India where personal laws, statutory procedures, and court jurisdictions interact closely. Many people encounter these terms for the first time after a family member’s death, often during property transfer, bank account settlement, or execution of a Will. Although both processes help establish legal rights of heirs or beneficiaries, they serve different purposes under Indian law, and understanding which certificate under Indian Law applies in a given situation is essential for smooth and lawful asset transfer.

This article offers a clear, accessible, and well-researched explanation of the Indian Succession Act, 1925, along with relevant state amendments and key judicial interpretations. It helps readers understand when they must obtain probate, when they should seek a succession certificate, and how both procedures differ in scope, effect, and legal consequences. The explanations use simple language, avoid legal jargon, and maintain an objective, educational tone.

What Is Probate Under Indian Law?

Probate is a judicial certificate that a competent court issues to declare a Will valid and genuine under the Indian Succession Act, 1925. Through probate, the court confirms that the Will meets legal requirements and authorizes the executor named in it to administer the estate of the deceased.

Key Characteristics of Probate

  • Proof of the Validity of a Will: Probate certifies that the Will was properly executed and is legally enforceable.

  • Issued Only When a Will Exists: Probate is not applicable when a person dies intestate (without a Will).

  • Granted to the Executor: An executor named in the Will receives authority to administer assets after probate.

  • Mandatory in Certain States: Under sections 213 and 57 of the Indian Succession Act, probate is compulsory for Wills executed by Hindus, Sikhs, Jains, or Buddhists if they are made in or relate to immovable property situated in certain notified territories, including:

    • Mumbai

    • Chennai

    • Kolkata

    • Other regions previously under the jurisdiction of the High Courts of Bombay, Madras, and Calcutta

  • Not Always Mandatory Across India: Outside the above territories, probate is optional unless required for specific reasons.

Purpose of Probate

The primary purpose of probate is to authenticate the Will and allow the executor to transfer assets according to the wishes of the deceased. It prevents disputes by ensuring a court has examined the Will.

Effect of Probate

Once probate is granted:

  • The Will becomes conclusive evidence of the deceased’s testamentary intention.

  • The executor gains legal authority to distribute property.

  • The Will cannot be challenged again on the same grounds except in rare cases such as fraud.

What Is a Succession Certificate Under Indian Law?

A succession certificate is a certificate under Indian law issued by a civil court authorizing the rightful legal heir(s) to collect debts and securities of the deceased. It applies when a person dies intestate or without leaving a Will that deals with debts and movable property.

Key Characteristics of a Succession Certificate

  • Relates to Movable Assets: It covers debts and securities such as bank accounts, FDs, mutual funds, insurance, shares, provident fund, etc.

  • Issued Under the Indian Succession Act, 1925: Specifically under sections 370 to 390.

  • Required Whether or Not a Will Exists: A succession certificate can be required even when a Will exists but does not address debts and securities.

  • Applicable When There Is No Executor: If the Will does not name an executor, courts may require legal heirs to obtain a succession certificate for movable assets.

  • Issued to Legal Heirs: Not to executors, unless they also qualify as heirs.

Purpose of a Succession Certificate

The purpose is to protect creditors, banks, and financial institutions by allowing them to release funds or securities to a person authorized by a court. It protects payers from future claims.

Effect of a Succession Certificate

Once issued:

  • The holder can collect and transfer movable assets of the deceased.

  • Financial institutions are protected from liability when they release funds to the certificate holder.

  • It does not establish final ownership of assets; it only grants authority to operate or withdraw them.

Core Difference Between Probate and Succession Certificate Under Indian Law

While both documents support inheritance processes, they serve distinct legal functions. The table below explains the key differences:

Comparative Overview

Basis Probate Succession Certificate
Applicable Law Indian Succession Act, 1925 Indian Succession Act, 1925
Purpose Proves validity of a Will Authorizes collection of debts and securities
Applies To Wills and estates Movable assets like bank accounts, shares, etc.
When Needed When the deceased left a Will When the deceased died intestate or for movable assets
Authority Given To Executor named in the Will Legal heirs
Establishes Ownership Yes, for assets included in the Will No, only authorizes collection
Mandatory Regions Certain cities (Mumbai, Kolkata, Chennai) Applicable across India
Challenge of Document Can be challenged before grant Usually not challenged after issue
Court Jurisdiction District court or High Court (depending on state) District court

Legal Framework and Important Sections Under Indian Law

Understanding the statutory basis helps clarify how probate and succession certificates function under Indian Law.

Relevant Sections for Probate

  • Section 2(f): Defines probate.

  • Section 57: Lists areas where probate is compulsory.

  • Section 213: States that probate is mandatory for Wills of certain communities in specified territories.

  • Sections 222–232: Cover grant of probate and letters of administration.

Relevant Sections for Succession Certificate

  • Section 370: Specifies when a succession certificate is required.

  • Section 372: Contains procedure for applying for the certificate.

  • Section 373: Court inquiry and grant of the certificate.

  • Section 381: Effect of a succession certificate.

These sections ensure that the probate process and the issuance of a succession certificate follow a uniform statutory procedure across India.

When Should You Seek Probate?

Probate is appropriate when:

  • The deceased left a Will relating to immovable property in areas where probate is mandatory.

  • Multiple heirs exist and validating the Will with court supervision is necessary.

  • A dispute is likely regarding the genuineness of the Will.

  • The executor needs legal authority to act on behalf of the deceased.

Common Scenarios Requiring Probate

  • Transfer of immovable property in Mumbai, Chennai, or Kolkata.

  • Banks insisting on probate for releasing high-value movable assets under a Will.

  • When the Will specifies complex distributions requiring court validation.

When Should You Apply for a Succession Certificate?

A succession certificate becomes necessary when:

  • A person dies intestate (without a Will).

  • Legal heirs need authority to withdraw funds from bank accounts.

  • Financial institutions request a certificate for releasing investments or securities.

  • The Will does not appoint an executor or does not deal with movable assets.

Common Scenarios

  • Transfer of fixed deposits, PPF, EPF, mutual funds, and shares.

  • Payment of insurance proceeds when beneficiary nomination is absent or unclear.

  • Accessing pension arrears or gratuity amounts.

Step-by-Step Process of Obtaining Probate in India

Although details can vary by state, the general procedure includes:

1. Filing a Petition

The executor files a probate petition in the district court or high court having jurisdiction over the property.

2. Submission of Documents

Common documents include:

  • Original Will

  • Death certificate

  • Identity and address proof of the executor

  • Details of assets

  • Affidavit verifying the contents

3. Notice to Legal Heirs

The court issues notices to legal heirs inviting objections, and also publishes a citation in a local newspaper.

4. Hearing and Evidence

If there are no objections, probate is granted quickly. If contested, the matter proceeds like a civil case.

5. Grant of Probate

The court issues the probate certificate giving authority to execute the Will.

Step-by-Step Process for Obtaining a Succession Certificate

The procedure for obtaining a succession certificate is comparatively simpler.

1. Filing the Application

A legal heir files an application in the appropriate district court where the deceased last resided.

2. Supporting Documentation

Documents typically include:

  • Death certificate

  • Identity proof of applicant

  • List of debts and securities

  • Family tree affidavit

3. Court Notice and Hearing

The court publishes a notice inviting objections. If none are raised, the petition proceeds.

4. Inquiry and Verification

The court verifies the validity of claims through documents and statements.

5. Grant of Certificate

The succession certificate is issued, allowing the heir to collect movable assets.

Probate vs. Succession Certificate: Which Is Required for Property Transfer?

This depends on the type of property:

For Immovable Property

  • Probate is needed when the property is covered under a Will and falls under mandatory probate zones.

  • A succession certificate is not used for immovable property.

For Movable Property

  • A succession certificate is required for bank accounts, securities, and other movable assets.

  • Probate may be required if the Will explicitly governs movable assets and banks insist on it.

Practical Tips to Avoid Delays in Probate or Succession Certificate Procedures

  • Keep important documents updated and accessible.

  • Maintain clear records of the deceased’s assets.

  • Ensure the Will is properly drafted, witnessed, and signed.

  • Prepare a family tree affidavit in advance.

  • Respond promptly to court notices or requests.

  • Keep multiple certified copies of the death certificate.

  • Nominate family members in bank accounts and securities to reduce disputes.

FAQs on Probate and Succession Certificate Under Indian Law

Do all Wills require probate in India?

No. Probate is mandatory only in certain territories listed under the Indian Succession Act. In other regions, it may be optional unless financial institutions request it.

Is a succession certificate required even if a Will exists?

Yes. If the Will does not cover movable assets or no executor is named, legal heirs may need a succession certificate.

Can probate or a succession certificate be challenged?

Heirs can challenge probate before the court grants it by alleging fraud, coercion, or lack of capacity. Courts rarely revoke succession certificates, and they do so only on limited and specific grounds.

How long do both processes take?

On average:

  • Probate may take six months to two years, depending on objections.

  • Succession certificates may take three to six months barring disputes.

Which is more expensive: probate or a succession certificate?

Probate may involve higher court fees, especially when immovable property is involved. Court fees for succession certificates depend on state legislation and the value of securities.

Can NRI heirs apply for probate or succession certificates?

Yes. Non-Resident Indians may apply through a legally authorized representative or by personally attending proceedings.

Does a succession certificate establish ownership?

No. It only authorizes collection of movable assets. Ownership must be established separately if disputed.

Understanding the difference between probate and a succession certificate under Indian Law is essential for anyone dealing with inheritance matters. Probate authenticates a Will and empowers an executor to administer an estate. A succession certificate, on the other hand, enables legal heirs to collect debts and securities when a person dies intestate or when movable assets are not specifically covered by a Will.

Both processes serve different but important roles, ensuring that asset transfer is legally compliant, transparent, and protected under statutory provisions. Having clarity on when each certificate is required helps avoid delays, misunderstandings, and procedural complications.