What is Probate?

When someone leaves a will, the executor can apply to the district court (or, in some cities, the High Court) for probate. The court issues notices, hears any objections from family members, and — if satisfied the will was properly made — grants probate. Where no executor is named, the court grants ‘letters of administration’ instead.

For decades, probate was compulsory for wills made by Hindus, Sikhs, Jains, Buddhists and Parsis in, or covering property in, the old presidency towns of Mumbai, Kolkata and Chennai (section 213, read with section 57). The Repealing and Amending Act, 2025 omitted section 213 with effect from December 2025, so probate is no longer a legal precondition anywhere.

It is still useful. A probated will is very hard to challenge later, and some banks, housing societies and registrars may continue to ask for it, especially where heirs disagree.

Why it matters if you live abroad

If a parent’s will leaves land to you and siblings may object, probate settles the will’s validity in one court process — ask a local property lawyer whether it’s worth it for your case.