Since 20 December 2025, the Indian Succession Act no longer makes probate a condition for an executor or a beneficiary to establish their rights under a will in court. Probate is still available, and some court documents are still needed before a debt owed to the deceased can be recovered through a court.
What changed
Section 213 of the Indian Succession Act, 1925 ("Right as executor or legatee when established") required probate or letters of administration before a right as executor or legatee could be established in court, in the cases it covered. The Repealing and Amending Act, 2025 (Act 37 of 2025) omitted section 213 with effect from 20 December 2025 (section 3 and the Second Schedule of that Act).
What probate is and what it does
- Probate is a copy of the will, certified under the seal of a competent court, with a grant of administration of the estate (section 2(f)).
- The executor is the person the will appoints to carry it out (section 2(c)). Probate is granted only to an executor appointed by the will, expressly or by necessary implication (section 222).
- Once granted, probate establishes the will from the date of death and makes valid everything the executor did in the meantime (section 227).
- Probate is applied for by a petition with the will annexed (section 276).
- If the original will was lost or mislaid after the death, or destroyed by wrong or accident and not by the person who made it, a court may grant probate of a copy or draft (section 237). If there is no copy or draft, probate may be granted of the will's contents, if they can be proved by evidence (section 238).
When a court document is still needed
A court will not order a debtor of the deceased to pay a person who says they are entitled by succession, and will not enforce such a debt against the debtor, unless that person produces one of the following (section 214):
- probate or letters of administration;
- a succession certificate under Part X of the Act that names the debt;
- one of a few older certificates listed in section 214.
A succession certificate is applied for to the District Judge by a signed and verified petition (section 372).
In practice, banks and companies may ask for one of these documents before they release money or securities. Ask the institution what it needs.
How Waseeyat helps
Probate, letters of administration and succession certificates are court proceedings. An empanelled advocate handles them for a fixed fee quoted before the work starts, and signs their own work.
Sources
- The Indian Succession Act, 1925 (Act 39 of 1925), sections 2(c), 2(f), 213 (omitted), 214, 222, 227, 237, 238, 276 and 372. India Code consolidated text as on 19 June 2026, which records the omission of section 213 by Act 37 of 2025 with effect from 20 December 2025, read 9 October 2026: https://indiacode.gov.in/act/3eeb6aec-1e1f-42d4-9673-c04d21829663
- The Repealing and Amending Act, 2025 (Act 37 of 2025), section 3 and the Second Schedule: https://indiacode.gov.in/act/df9e8d57-1b22-4300-b88c-a07217e10524
General information about Indian law, not legal advice. Waseeyat is not a law firm.