Application for Succession Certificate and Probate of Will Procedure: A Complete Legal Guide in India

Application for Succession Certificate and Probate of Will Procedure: A Complete Legal Guide in India

Settling the estate of a deceased person often involves complex legal formalities, especially when financial assets, property, or investments are involved. Two important legal processes that help heirs and beneficiaries establish their rights are the application for succession certificate and the probate of will procedure. While both serve the purpose of facilitating asset transfer, they apply in different situations. This blog provides a detailed explanation of these concepts, their procedures, documentation, and key differences under Indian law.

Understanding Succession Certificate

A succession certificate is a legal document issued by a civil court that authorizes the legal heirs of a deceased person to claim debts, securities, and other movable assets. It is governed by the Indian Succession Act, 1925.

An application for succession certificate is generally required when a person dies intestate (without a will) and leaves behind movable assets such as bank deposits, shares, mutual funds, or insurance proceeds.

Purpose of a Succession Certificate

The primary objectives of a succession certificate include:

• Establishing the rightful legal heirs
• Enabling heirs to collect debts and securities
• Providing indemnity to financial institutions
• Preventing disputes among claimants

Banks and financial institutions often insist on a succession certificate before releasing funds.

Who Can File an Application for Succession Certificate?

The following persons can apply:

• Spouse of the deceased
• Children (sons and daughters)
• Parents
• Other legal heirs as per applicable succession laws

If there are multiple heirs, the court may issue a joint certificate or require consent from other heirs.

Application for Succession Certificate: Step-by-Step Procedure

1. Filing the Petition

The applicant must file a petition before the district court having jurisdiction over the place where the deceased ordinarily resided or where the assets are located. The petition should include details such as:

• Name and date of death of the deceased
• Relationship of the applicant with the deceased
• List of legal heirs
• Details of debts and securities

2. Court Fees and Affidavit

Court fees are payable based on the value of the assets. An affidavit confirming the accuracy of the information is also required.

3. Court Notice and Public Advertisement

The court issues notices to other legal heirs and publishes a public notice in a newspaper inviting objections.

4. Hearing and Grant of Certificate

If no objections are raised, or after resolving objections, the court grants the succession certificate.

Documents Required for Succession Certificate

• Death certificate of the deceased
• Proof of relationship
• Identity and address proof of the applicant
• List of assets and liabilities
• No-objection certificates from other heirs (if applicable)

What Is Probate of Will?

Probate is a legal certification granted by a court confirming the validity of a will. The probate of will procedure establishes that the will is genuine and authorises the executor to administer the estate as per the testator’s wishes.

Probate is mandatory in certain jurisdictions and is commonly required for immovable property and high-value assets.

When Is Probate of Will Required?

Probate is required when:

• The deceased has left a valid will
• The will appoints an executor
• Property is located in areas where probate is compulsory
• Financial institutions demand probate for asset transfer

Probate of Will Procedure in India

1. Filing the Probate Petition

The executor named in the will files a probate petition before the appropriate court along with the original will.

2. Verification of Will

The court examines the will, verifies witnesses, and ensures that the will was executed voluntarily.

3. Issuance of Notices

Notices are sent to legal heirs, and a public notice is published to invite objections.

4. Court Hearings

If objections are raised, the court conducts hearings and examines evidence.

5. Grant of Probate

Upon satisfaction, the court grants probate, authorising the executor to manage and distribute the estate.

Documents Required for Probate of Will

• Original will
• Death certificate of the testator
• Details of assets and beneficiaries
• Identity proof of executor
• Affidavits and court fees

Difference Between Succession Certificate and Probate

While both documents facilitate asset transfer, they differ in scope and application:

• A succession certificate is used mainly for movable assets
• Probate applies when a will exists and validates its authenticity
• Succession certificate is usually issued to legal heirs
• Probate is granted to the executor named in the will

Understanding the difference helps in choosing the correct legal route.

Succession Certificate vs Letter of Administration

If there is no will, heirs may need a succession certificate or a letter of administration depending on the nature of assets. For immovable property, courts often require a letter of administration instead of a succession certificate.

Time Frame and Costs Involved

The time required for an application for succession certificate or probate of will procedure can range from a few months to over a year, depending on:

• Court workload
• Value of assets
• Objections or disputes

Court fees vary by state and are generally calculated as a percentage of the estate value.

Common Challenges Faced by Applicants

• Missing documents
• Disputes among heirs
• Objections during public notice
• Delay in court proceedings

Professional legal assistance can help minimize delays and ensure compliance.

Importance of Proper Estate Planning

Proper estate planning, including drafting a clear will and updating nominee details, can reduce the need for lengthy legal procedures. A well-drafted will simplifies the probate of will procedure and protects beneficiaries’ interests.

Conclusion

The application for succession certificate and the probate of will procedure are essential legal mechanisms for transferring a deceased person’s assets lawfully in India. While a succession certificate helps heirs claim movable assets in the absence of a will, probate confirms the validity of a will and empowers the executor to act.

Understanding these procedures, required documents, and legal implications can save time, prevent disputes, and ensure a smooth transfer of assets. Given the complexities involved, seeking professional legal guidance is often advisable to navigate these processes efficiently and with confidence.