Probate of a Will: Process, Court Fees and When It Is Needed

Probate is a court’s certified copy of a will under the Indian Succession Act, 1925. It confirms the will is genuine and lets the named executor manage the estate. Since 20 December 2025, probate is optional everywhere in India, including Mumbai, Kolkata and Chennai, because Section 213 was removed. It is still the strongest proof if a will may be challenged.

Key facts

What probate means

The Succession Act defines probate as a copy of a will certified under the seal of a competent court, with a grant of administration of the estate. In plain terms, the court has checked that the will was properly made. Once probate is granted, the executor’s acts from the date of death are treated as valid. That is how the Karnataka Department of Stamps and Registration explains it in its FAQ.

Probate is issued only to an executor the will appoints, whether by name or by clear implication. If the will names no executor, or the executor refuses or cannot act, a beneficiary can ask for letters of administration with the will annexed instead (Section 234). Our wills and succession guide covers how to write a will and how property passes without one; this page covers proving a will in court.

When probate was mandatory, and what changed

Until December 2025, Section 213 said no one could establish a right as executor or beneficiary in court without probate. For Hindus, Buddhists, Sikhs and Jains, the rule applied only to wills covered by Section 57(a) and (b):

• wills made within the old Bengal Presidency territories or the original civil jurisdiction of the Madras and Bombay High Courts; and
• wills made elsewhere, to the extent they dealt with immovable property in those areas.

In practice this meant many wills touching property in Kolkata, Chennai and Mumbai. Wills of Parsis dying after 1962 in those cities were also covered. Wills by Muslims and Indian Christians were exempt.

The Repealing and Amending Act, 2025 omitted Section 213. It received Presidential assent on 20 December 2025, as SCC Online’s analysis notes, and the government’s factsheet describes the change as removing community-based differences in probate rules. The provisions on applying for and granting probate remain in force, so probate is now optional everywhere.

When you may still want probate

• A family member is likely to dispute the will.
• A housing society, bank or registry still asks for it before transferring assets. Law firm Khaitan & Co notes that the change removes the legal basis for insisting on probate, but some institutions may take time to update their rules.
• The estate is large or spread across several states, and the executor needs clear authority.

Filing the petition: documents and court

File before the District Judge where the deceased lived or held property. The High Court has concurrent jurisdiction; the Bombay High Court, for example, lists a probate court fee for petitions on its original side. Keep these ready:

• the original will;
• proof of the date of death;
• title deeds and papers for the immovable property in the will; and
• papers for movable assets such as bank accounts and shares.

Section 276 says the petition must state when the testator died and that the annexed will is the last will. It must also confirm the will was duly executed, estimate the assets likely to come to the petitioner, and say the petitioner is the named executor.

1. Value the estate, because the court fee depends on it.
2. Draft the petition in English or the court’s language, with the will annexed.
3. Sign it and verify it in the form given in Section 280.
4. Get at least one attesting witness to the will to verify it under Section 281, if a witness is available.
5. File the petition and pay the court fee.
6. The court issues citations to people who may have an interest. Under Section 283, these are posted at the court-house and the Collector’s office. The Karnataka FAQ adds that a newspaper and gazette notice is also published.
7. If no one objects and the court is satisfied about the will, it grants probate.
8. If someone objects, the case turns into a regular suit, with the petitioner as plaintiff (Section 295).
9. Within six months of the grant, file an inventory of the estate. Within one year, file an account of how the assets were handled (Section 317).

Court fees by state

Court fees are set by state court-fee laws, so the cost depends on where you file. Maharashtra’s Court-fees Act, 1959 (Schedule I, Article 10) charges on the value of the estate:

For a ₹50 lakh estate, the slabs add up to ₹3,65,500, so the ₹75,000 cap applies. The Bombay High Court’s original side uses the same scale. In Karnataka, the fee comes from the Karnataka Court Fees and Suits Valuation Act, 1958. Other states have their own scales, so ask the court’s filing section before you value the estate.

Timeline, objections and citations

The Succession Act sets no fixed time to apply for probate or for the court to decide. Uncontested petitions move faster. A contested case follows civil suit procedure, with evidence from the attesting witnesses, and can take much longer. Because the petition is verified on oath, a false statement in it is an offence under Section 282. For a disputed will or a large estate, a lawyer who handles succession cases can guide you through the process.

Probate vs letters of administration

If you are buying inherited property, our property legal checklist lists the title papers to ask for.

Frequently asked questions

What is probate?

A court’s certified copy of a will, confirming it is genuine and giving the executor authority to manage the estate.

Probate ka matlab kya hai?

Probate ka matlab hai court dwara will (vasiyat) ko sahi maan kar executor ko estate sambhalne ka adhikar dena. Ye Indian Succession Act, 1925 ke tahat milta hai.

Is probate mandatory in Mumbai after 2025?

No. Section 213 was omitted with effect from 20 December 2025, so probate is optional in Mumbai, Kolkata and Chennai as well.

Who can apply for probate?

Only the executor appointed by the will. Others apply for letters of administration with the will annexed.

Which court grants probate?

The District Judge, and the High Court, which has concurrent jurisdiction.

What is the court fee for probate in Maharashtra?

2% to 7.5% of the estate value in slabs, subject to a maximum of ₹75,000.

What happens if someone objects to the probate petition?

The petition becomes a regular civil suit, and the court decides after hearing evidence.

Sources

• The Indian Succession Act, 1925 — Indian Kanoon (checked 16 Sep 2026)
• The Repealing and Amending Act, 2025 factsheet — Press Information Bureau (checked 16 Sep 2026)
• FAQs: registration of probate of wills — Department of Stamps and Registration, Karnataka (checked 16 Sep 2026)
• Maharashtra Court-fees Act, 1959 (Schedule I, Article 10) — Government of Maharashtra (checked 16 Sep 2026)
• Original side court fee schedule — Bombay High Court (checked 16 Sep 2026)
• Legal effect of omission of Section 213, Succession Act — SCC Online (checked 16 Sep 2026)
• Probate no longer mandatory — Khaitan & Co (checked 16 Sep 2026)