When someone dies, banks, companies and registrars usually ask the family for a court document before they release assets. Which document is needed depends on two questions: did the person leave a will, and what kind of assets are involved. All three documents discussed here are granted under the Indian Succession Act, 1925.
Probate
Probate is a court’s certification that a will is genuine and valid. It is granted to the executor named in the will. Once granted, the executor can collect the assets and distribute them as the will directs.
In Delhi, probate is generally not compulsory for a will made by a Hindu. Many families still obtain it, because a probated will is much harder to challenge later, and some institutions are more comfortable acting on it.
Letters of administration
Letters of administration give a person court authority to manage and distribute an estate. They are needed in two situations:
- there is a will, but it names no executor, or the executor has died or refused to act;
- there is no will, and someone needs authority to deal with the whole estate.
The administrator then holds the estate for the benefit of the heirs or beneficiaries.
Succession certificate
A succession certificate is narrower. It covers debts and securities: bank deposits, shares, debentures, money owed to the deceased and similar amounts. It allows the holder to collect these and give a valid discharge to the bank or company.
It does not cover immovable property such as land or a house, and it does not decide who finally owns the money. It is mainly a protection for the bank or company paying it out.
Which one do you need?
| Situation | Usual document |
|---|---|
| Will with a named executor | Probate |
| Will without an executor, or executor unable to act | Letters of administration with the will annexed |
| No will, bank deposits or shares only | Succession certificate |
| No will, land or a house to be dealt with | Letters of administration, or mutation on the basis of heirship |
Where accounts have a registered nominee, the bank may pay the nominee without any court document. A nominee generally receives the money as a trustee for the legal heirs and does not become its owner.
How the process works
- A petition is filed in the court of the District Judge where the deceased lived or where the property is.
- The petition lists the heirs and the assets, with a death certificate and, where relevant, the original will.
- The court directs notice to the heirs and publication in a newspaper, so that anyone with an objection can come forward.
- Court fee is paid on the value of the assets covered.
- If no objection is raised, the grant usually follows after the notice period. A contested petition is heard like a regular case.
A practical note
Before filing, list every asset and check what each institution actually requires. Some banks accept an indemnity bond and an affidavit from the heirs for smaller amounts, which can save the cost and time of a court petition.
This note is for general information only and is not legal advice. Requirements depend on the deceased person’s religion, the place where the will was made, and the assets involved.
