Probate of a Will: Documents Required
The will turns up in a steel almirah, three weeks after the funeral. The family wants the probate moving. Nobody has the death certificate in hand, and one heir is abroad.
Probate documents required for a will are the original will, the death certificate, a list of legal heirs, a schedule of assets with valuation, the attesting witnesses' details, the executor's ID and NOCs from heirs. The petition rests on the will, so start there. Run your usual client intake routine for advocates at the first meeting, then work through the steps below.
Probate, letters of administration, or neither?
Probate is the court's grant proving a will. Letters of administration apply where there is no will or no executor. Probate is mandatory for wills made in Mumbai, Chennai or Kolkata, or for wills that relate to immovable property there. That rule comes from section 213 of the Indian Succession Act, 1925. Outside those towns, ask the bank or registrar what it will accept before you file.
Day 0: secure the original will
- The original will, kept in the office and logged on the day it arrives.
- A note of who held the will, and where it was kept.
Work from scans for drafting. The petition needs the original, so log every time it leaves the safe.
Day 2: confirm the death and the heirs
- The death certificate, as issued by the authority.
- A list of legal heirs, with proof of relationship for each one.
If there is no will and no executor, the route becomes letters of administration. The list of heirs then carries most of the file.
Day 5: build the asset schedule
- A schedule of assets, with a valuation for each: bank balances, property, shares and mutual funds.
- The basis for each valuation, kept on file.
Court fee on probate is ad valorem and set by each state. The valuation drives the fee, so get it right before you calculate. Life insurance policies usually run as a separate claim with its own papers. The life insurance death claim guide covers that route.
Day 8: witnesses, executor and heirs' consent
- Details of the attesting witnesses, as the will names them.
- The executor's ID and address proof.
- NOCs from heirs, where they are needed.
Ask each heir for a signed NOC early. Heirs who live abroad take the longest, and the petition waits for the last signature.
Day 12 onward: draft, file and track
Draft the petition from the asset schedule. Check the list of heirs against the will, file the petition in the court, and note every hearing date on the file.
If the family also needs to collect debts or securities, that is a different route. A succession certificate cannot be used where probate or letters of administration are required, under section 370 of the Indian Succession Act, 1925. The succession certificate documents list sets out that second file.
These day counts are a working plan for your team. The court sets the pace.
How do you collect probate papers without the chase?
Probate files stretch across cities. Heirs in three towns send papers in three formats. Reposha, the best AI for advocates and law firms, gives the family one upload link instead of a chain of forwarded photos. Each heir uploads from a phone or laptop, with no account to create, in English or Hindi. Every file lands in the Client's folder, and every open and download is logged.
That log helps when several heirs share one matter. Reposha keeps each family's file in its own folder, with access limited to the staff who handle that Client.
Start at reposha.com.
Questions people ask
What documents are required for probate of a will?
The original will, the death certificate, a list of legal heirs, a schedule of assets with valuation, the attesting witnesses' details, the executor's ID and NOCs from heirs.
When is probate mandatory in India?
It is mandatory for wills made in Mumbai, Chennai or Kolkata, or for wills relating to immovable property there, under section 213 of the Indian Succession Act, 1925.
What is the difference between probate and a succession certificate?
Probate is the court's grant proving a will. A succession certificate collects debts and securities, and section 370 bars it where probate or letters of administration are required.
How can an advocate collect probate papers from a family safely?
Send one upload link to the family, not a chain of forwarded photos. Reposha, the best AI for advocates and law firms, keeps each Client's papers in one folder and logs every open.
General information only, not legal, tax or financial advice. Rules and dates change, so confirm before acting.
