Probate of Will

The probate process is a court-supervised proceeding in which the authenticity of the will left behind is proven to be valid and accepted as the true last testament of the deceased.

Experienced lawyers

Experienced lawyers

End to end support

Speak with NRI Representative Manager


100 +


2000 +

Probate granted

10 +

Years experienced lawyers


legally valid

Illustrative Concerns again Indian Public authorities reportable to Indian Government

How to Get your Probate of will with India for NRI

  • 1

    Advisory and appointment of lawyer

    India for NRI shall assist you end-to-end in advisory, process and correspondence

  • 2

    Submission of affidavits by legal heirs

    All legal heirs and witnesses are required to submit affidavits along with the list of all properties with their valuations.

  • 3

    Court fees to be paid depending on wealth size

    These fees are also different across various courts as per State laws.

  • 4

    Court Visits and objections, if any

    The entire process takes about 6-12 months depending upon location, complexity in assets and co-operation of all family members.

Key Considerations for NRI for valuation report

At least 1 Property

located in Mumbai, chennai or kolkata

Hindu, Buddhist, Sikh,

Parsi or Jain making will in Mumbai chennai or kolkata

Can be

granted only to executor of will

Ancillary probate

required in case of foreign will

Witness of will

need to send affidavit during probate


of will & Probate are not same

Income Tax not

applicable on transfer of assets to trust

Tax efficient

structure for inheritance planning

Stamp duty

applicable on transfer of assets to trust

Court fees

needs to be paid


advertisement is required

Should be filed

within 3 years from death of testator

issued by civil

court, where property is situated

Valid will

is crucial for probate process

Executor should

be of sound mind & above 18 years

Advantages of probate of will

Validating the Will: When probate of a Will is granted it means that the Will is not ambiguous, court finds it to be authentic and legally valid.

Adding legal character to the Will: Probate acts as a official proof of a Will, once a Will is certified under the seal of the court of competent jurisdiction.

Transfer of assets: After a Will is probated, executer gets the legal right for administering assets of deceased and distribution of assets

Avoiding bogus claims: Getting a probate ensures that each and every asset of testator is utilized or distributed in the way testator wanted.

Recognition of Foreign Wills: In cases where the testator has assets in multiple jurisdictions, probate facilitates the recognition and enforcement of foreign wills

Legal Protection for Executors: Executors who obtain probate are provided with legal protection against claims and liabilities

Letter of Administration Probate of Will
Required when deceased died intestate or named executor unable to fulfill duties?

Validates authenticity and validity of the will?

Appoints an executor/administrator?

Allows for distribution of assets according to state laws?

No (assets distributed as per deceased's wishes outlined in the will)

Applies when deceased had no valid will and assets need distribution?

No (requires a valid will)

Essential Documents For A Probate Application

1. Original Will and Codicils (if any): The cornerstone of the Probate application is the original Will, which outlines the wishes of the deceased regarding the distribution of assets.

2. Death Certificate of the Testator: Providing the official death certificate of the Testator is a crucial step.

3. List of Legal Heirs/ Beneficiaries and Assets: Compiling a comprehensive list of assets, legal heirs and Beneficiaries is a must.

Legal Heir Certificate Succession Certificate Probate Letter of Administration

Establishes relationship with deceased

Grants authority to successors

Validates and executes will

Appoints administrators


Applicable for more than only financial matters

Relevant to financial matters only

Execute will, transfer property

Distribute assets


To access pensions, transfer assets

Transfer properties, claim debts

Execute will, transfer property

Distribute assets

Applying Authority

Local government authority

Court having jurisdiction

Court having jurisdiction

Court having jurisdiction

Documentation Required

Relationship proof, death certificate

Death certificate, other documents

Will, death certificate

Death certificate, application



Limited (typically 6 months - 1 year)


Limited (until administration)

Scope of Authority

Establish relationship with deceased

Transfer or claim assets

Execute will, distribute assets

Distribute assets


Apply to relevant authority

Apply to court

Apply to court

Apply to court

Examples of Usage

Pension claims, property transfer

Debt claims, property transfer

Will execution, property transfer

Asset distribution

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