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Wills and succession

Probate

Also called: Probate of will, Probate petition, Grant of probate

Added Last checked against India Code

A court's certified copy of a will with authority to the executor named in it to administer the estate. Since 20 December 2025 it is no longer compulsory anywhere in India, but it is still available.

Granted to
Executor named in the will
Court
District Judge or High Court
Compulsory?
No, since 20 Dec 2025
If contested
Proceeds like a regular suit

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What it means

Section 2(f) of the Indian Succession Act, 1925 defines probate as a copy of a will certified under the seal of a competent court, with a grant of administration of the estate of the testator. In plain terms, the court confirms that the will is genuine and gives the executor named in it the authority to deal with the estate.

Probate can be granted only to an executor appointed by the will (Section 222). Once granted, it establishes the will from the date of the testator's death and makes valid what the executor has done in that role (Section 227). If the will names no executor, or the executor will not act, the court can instead grant letters of administration with the will annexed, usually to a universal or residuary legatee (Section 232). The petition is made to the District Judge, and High Courts have concurrent jurisdiction (Sections 264 and 300).

Until 2025, Section 213 said no one could establish a right as executor or legatee in court without probate, for wills covered by Section 57, which meant wills of Hindus, Buddhists, Sikhs and Jainas made in, or about immovable property in, the territories once under the Lieutenant-Governor of Bengal and the original civil jurisdiction of the Madras and Bombay High Courts, plus certain Parsi wills. The Repealing and Amending Act, 2025 (Act 37 of 2025) omitted Section 213 with effect from 20 December 2025. Probate is now optional, but people still apply for it where they want the will settled by a court.

The law

Current provisionReplaced
Section 222, Indian Succession Act, 1925Probate only to executor appointed by will Still in force; not renumbered
Section 227, Indian Succession Act, 1925Effect of probate Still in force; not renumbered
Section 295, Indian Succession Act, 1925Procedure in contentious cases Still in force; not renumbered
Repealing and Amending Act, 2025 (Act 37 of 2025), Second ScheduleOmits Section 213 of the Indian Succession Act, 1925 Still in force; not renumbered

When it matters

  • You are named as executor in a will and want the court to confirm the will and your authority before you deal with the property.
  • Family members dispute a will and you want the question of whether it is genuine decided once, by the court.
  • You were told probate is compulsory in Mumbai, Chennai or Kolkata. That rule in Section 213 was removed in December 2025, so check what is actually being asked of you.
  • A probate has been granted on a will you believe is false, and you want to know whether it can be revoked.

Example

A man in Chennai dies leaving a will that names his brother as executor and gives his flat to his wife. The brother files a probate petition before the court, attaching the will. Notice goes to the family. No one objects, so the court grants probate, and the brother uses it to have the flat transferred to the wife. Had a son objected, the case would have proceeded like a regular civil suit.

Watch out for

  • If anyone contests the petition, the proceeding takes, as nearly as may be, the form of a regular suit under the Code of Civil Procedure, with the petitioner as plaintiff (Section 295). That takes longer than an uncontested grant.
  • A grant can be revoked or annulled for just cause (Section 263), for example where it was obtained by fraud or by hiding something material from the court.
  • The court fee for probate is set by state court fee laws and differs from state to state. Check the rule for the state where you file.
  • The omission of Section 213 applies from 20 December 2025. How it affects cases that were already pending on that date has not yet been settled by the Supreme Court, so a pending case needs advice on its own facts.

Common questions

Is probate still compulsory in Mumbai, Chennai and Kolkata?

No. Section 213 of the Indian Succession Act, which made probate necessary for those wills, was omitted by the Repealing and Amending Act, 2025 with effect from 20 December 2025. You can still apply for probate if you want it.

What is the difference between probate and letters of administration?

Probate is granted only to an executor named in the will. Letters of administration are granted when there is no executor, either because the will names none or the named executor cannot or will not act, or when there is no will at all.

What does probate actually prove?

Under Section 227, probate establishes the will from the date of the testator's death and validates the executor's acts done as executor. It does not decide disputes about whether the testator owned a particular property.

Making a will?

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Related terms

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Last checked against the official text on India Code on 9 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.