वसीयत का प्रोबेट और लेटर्स ऑफ़ एडमिनिस्ट्रेशन
At a glance
- Law
- Indian Succession Act, 1925 (Ss. 222, 232, 276)
- Who
- Executor; or a beneficiary where there is no executor
- Where
- District Judge having jurisdiction
- Time
- 6 months to 1 year if uncontested
What it is
Probate is a copy of a will certified under the seal of a competent court, together with a grant of administration of the estate to the executor named in the will (Section 2(f) and Section 222, Indian Succession Act, 1925). Where the will names no executor, or the executor does not act, the court grants Letters of Administration with the will annexed to a beneficiary (Section 232). A probate establishes the will against everyone and gives the executor clear authority to deal with banks, registries and purchasers.
Who can apply
- Probate: the executor named in the will
- Letters of Administration with will annexed: a beneficiary under the will, when there is no executor or the executor does not act
Is probate compulsory?
Not any longer. Section 213, which made probate compulsory for certain wills, was omitted by the Repealing and Amending Act, 2025 (assented to on 20.12.2025). A will can now be acted upon without probate. However, probate remains advisable where the estate is large, where family members may dispute the will, or where a bank, company or registering office insists on it.
Step-by-step process
- 1
PetitionSection 276
A petition is filed before the District Judge having jurisdiction, with the original will annexed. It states the date of death, the assets and their approximate value, and the amount likely to come into the applicant's hands.
- 2
Verification by attesting witnessSection 281
At least one attesting witness to the will verifies, by affidavit, that the will was signed in his presence.
- 3
Valuation and court fee
A valuation of the estate is filed and court fee is paid on its value at the rate applicable in Bihar.
- 4
CitationsSection 283
The court issues notice (citation) to the near relatives of the deceased who would have inherited without a will, and publishes a general citation, inviting objections.
- 5
HearingSection 295
If no one objects, the petition is decided on affidavit evidence. If a caveat or objection is filed, the matter becomes a contentious suit and is tried like a civil suit.
- 6
GrantSection 317
The court grants probate or letters of administration. The executor or administrator then files an inventory of the estate within six months and an account within one year.
Documents required
Checklist · 6 items- Original will (and any codicil)
- Death certificate of the testator
- List of all legal heirs and near relatives, with addresses
- Schedule of assets with values: land and house details, bank and investment statements
- Affidavit of an attesting witness, and the witness's presence if called
- Identity and address proof of the petitioner
Time usually taken
6 months to 1 year where no objection is filed
Ordinarily six months to one year where no objection is filed. A contested probate runs like a civil suit and may take several years.
Points to remember
- 01Under Section 63 of the Indian Succession Act, a will must be signed by the testator and attested by two witnesses. Under Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Section 68 of the Evidence Act), at least one attesting witness must ordinarily be examined to prove it.
- 02Probate does not decide title to property as between the estate and an outsider; it only establishes the will.
- 03Muslims are governed by their personal law for wills, and probate is not required for them.
Frequently asked questions
Is probate of a will still compulsory?
Not any longer. Section 213 of the Indian Succession Act was omitted by the Repealing and Amending Act, 2025 (assented to on 20.12.2025), so a will can now be acted upon without probate. Probate remains advisable where the estate is large, a dispute is likely, or a bank, company or registering office insists on it.
What is the difference between probate and letters of administration?
Probate is granted to the executor named in the will. Where the will names no executor, or the executor does not act, the court grants Letters of Administration with the will annexed to a beneficiary.
How long does probate take?
Ordinarily six months to one year where no objection is filed. A contested probate runs like a civil suit and may take several years.
Do Muslims need probate of a will?
No. Muslims are governed by their personal law for wills, and probate is not required for them.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation