Probate vs Succession Certificate in India: Which You Need

Q: Does a nominee become the owner of shares or deposits?

No. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (decided 14 December 2023), the Supreme Court held that nomination under the Companies Act and the Depositories Act does not create a third mode of succession. The company or bank is discharged by paying the nominee, but the nominee holds the asset for those entitled under the will or the law of succession.

Q: Is there a time limit for applying for probate?

In Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463, the Supreme Court held that Article 137 of the Limitation Act, 1963 applies to petitions for probate and letters of administration, but treated the right to apply as a continuing one that arises when the need for the grant arises. Long delays still have to be explained to the court.

In short. Probate proves a will and is granted only to the executor it names. A succession certificate is mostly used where there is no will, and covers only debts and securities such as bank deposits and shares, never land. Probate stopped being compulsory anywhere in India when the Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act. And for bank accounts, the RBI's 2025 Directions mean a nominee needs no court document at all, while heirs without a nominee can claim up to Rs. 15 lakh through a simplified procedure.

Four documents that get confused

After a death, families are usually told they need "probate" or "a succession certificate" without anyone explaining which, or why. The four documents below are not interchangeable.

Document	When it is used	Who issues it
Probate	There is a will and it names an executor. Proves the will and confirms the executor's authority over the whole estate it covers.	District Judge (or a High Court with testamentary jurisdiction)
Letters of administration	There is a will but no executor able or willing to act ("with the will annexed"), or there is no will at all.	Same courts as probate
Succession certificate	Collecting debts and securities of the deceased: deposits, shares, debentures and similar. Not for land or buildings.	District Judge where the deceased ordinarily lived (Section 371)
Legal heir certificate	Identifies the surviving family members. Used for pensions, government dues, utility transfers and, under the RBI Directions, small bank claims.	Revenue authority (usually the Tahsildar), under state procedure

Who inherits is a separate question, answered by the will or, without one, by the succession law that applies to the deceased: the Hindu Succession Act, 1956 for Hindus, Sikhs, Jains and Buddhists, Muslim personal law, or the Indian Succession Act, 1925 for Christians, Parsis and others. These documents only establish who can deal with the assets.

Probate after the repeal of Section 213

For a century, Section 213 of the Indian Succession Act, 1925 said that no right as executor or legatee could be established in court unless probate had been granted. It applied to wills made by Hindus, Sikhs, Jains, Buddhists and Parsis within the old presidency towns of Bombay, Calcutta and Madras, or dealing with immovable property there, and never to Muslims or Indian Christians. A Hindu in Delhi leaving a flat in Delhi never needed probate. The same will, covering a flat in Mumbai, did.

The Repealing and Amending Act, 2025, which received the President's assent on 20 December 2025, omitted Section 213 and made consequential changes to Sections 3 and 370. Probate is now optional across the country. Proceedings that were already pending continue under the Act's savings clause.

Optional is not the same as unnecessary. Probate is still the safest route in several situations:

the will is challenged, or someone is likely to challenge it;
a bank, registrar, company or housing society will not act on the will alone. Institutions have long internal habits, and many will keep asking for probate for some time;
the estate is large, spread across states, or includes assets abroad, where a court grant is easier to rely on than an unproved will;
the executor needs clear authority to sell or transfer property and wants protection against later claims.

Under Section 273, a grant takes effect over the deceased's property and estate in the State where it is made, and binds those who owe money to the estate or hold its property. That is what an institution is really asking for when it insists on probate: the comfort of a court order instead of its own judgment about a will.

How probate works

Probate can only go to an executor appointed by the will (Section 222). The executor files a petition under Section 276 with the will annexed, stating when the testator died, that the will was duly executed, and the value of the assets likely to come into the executor's hands. The petition is signed and verified, and one of the attesting witnesses verifies the will's execution (Section 281).

The court can examine the petitioner, ask for more proof of execution, and issue citations calling on the family and others with an interest to object (Section 283). If nobody contests, probate is usually granted once the court is satisfied about execution. If someone does, Section 295 converts the matter into a regular civil suit with the petitioner as plaintiff, and it then runs at the pace of civil litigation.

Where the will names no executor, or the executor has died or refuses, a universal or residuary legatee can prove the will and take letters of administration with the will annexed (Section 232). Court fee on a probate petition is fixed by state law, generally as a percentage of the estate's value, so it varies considerably from one state to another.

On timing, the Supreme Court held in Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463 that Article 137 of the Limitation Act, 1963 applies to probate and administration petitions, but treated the right to apply as a continuing one that arises when the need for the grant arises. A petition filed years after the death is not automatically barred, though the delay will need a credible explanation.

Succession certificates

A succession certificate under Part X of the Act deals with one category of assets: debts owed to the deceased and securities held by them. In practice that means bank balances and deposits, shares, debentures and government securities. It does not cover land or buildings, and it does not decide ownership in any final sense.

The petition goes to the District Judge of the place where the deceased ordinarily resided at death (Section 371). Under Section 372 it must state the time of death, the deceased's residence, the family members and near relatives, the petitioner's right, that nothing prevents the grant, and list the specific debts and securities. A false statement in the petition is an offence.

The judge fixes a hearing, issues notice, and decides the petitioner's right summarily (Section 373). If the question of title is too complicated to decide in that way, the certificate can still go to the person who appears to have the best title, leaving the rest to a regular suit. The certificate names the debts and securities it covers, and can authorise the holder to receive interest or dividends and to transfer the securities (Section 374). The court may require a bond or other security before granting it (Section 375).

The value of the certificate lies in Section 381: it is conclusive as against the people who owe the debts, and fully protects anyone who pays the holder in good faith. That is why banks and companies ask for it. Court fee again depends on state law and is usually a percentage of the amount covered.

When a bank does not need either

The Reserve Bank of India (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, issued on 26 September 2025, standardised what banks may ask for. Banks had to implement them by 31 March 2026. The Directions apply to commercial and co-operative banks, though government schemes run through banks, such as PPF and the Senior Citizens' Savings Scheme, follow their own rules.

Nominee or survivor. The bank pays the nominee or surviving joint holder against a claim form, death certificate and identity proof. It cannot insist on a succession certificate, probate, letters of administration or a bond, whatever the amount.
No nominee, no will, no dispute. A simplified procedure applies up to Rs. 15 lakh, or a higher limit if the bank sets one (Rs. 5 lakh for co-operative banks). The heirs give a claim form, death certificate, identity proof, an indemnity bond, no-objection letters from other heirs where relevant, and either a legal heir certificate or a declaration from an independent person.
Above the limit. The bank can ask for a succession certificate, though the Directions also allow it to accept a legal heir certificate or a sworn affidavit, with a surety bond if it wants one.
A will or a dispute. Where there is a will, the bank may act on probate or letters of administration, or on the will itself if satisfied it is genuine. Where claimants disagree, it will want a court document.

Once all documents are in, the bank must settle a deposit claim within 15 calendar days, and pay interest at not less than the Bank Rate plus 4% a year for delay on its part. Lockers follow a similar route, with compensation of Rs. 5,000 for each day of delay.

A nominee is not the owner

Nomination tells a bank, company or depository whom to pay. It does not decide who owns the money. In Shakti Yezdani v. Jayanand Jayant Salgaonkar, decided on 14 December 2023, the Supreme Court held that nomination under the Companies Act and the Depositories Act is not a third mode of succession. The company is validly discharged when it transfers shares to the nominee, but the nominee holds them for whoever is entitled under the will or the law of succession. The RBI Directions say the same of bank nominees, who must be told in writing that they receive the money as trustees for the legal heirs.

So a nominee who is not also the heir can be made to hand the asset over, and a family that is quarrelling about a will may still end up in probate or administration proceedings even though the bank has already paid out.

Which document do you need

Bank account with a nominee: none. Claim form and death certificate.
Bank account without a nominee, below the bank's limit, no will, no dispute: legal heir certificate or the bank's declaration route.
Shares, mutual funds or larger deposits without a nominee, no will: usually a succession certificate, unless the company or fund's own transmission rules allow less for smaller amounts.
A will with a named executor: probate is now optional. Try acting on the will first if nobody disputes it and the institutions involved will accept it; go for probate if they will not, or if a challenge is likely.
A will without an executor: letters of administration with the will annexed, if a court grant turns out to be needed.
Land or a house: a succession certificate will not help. Mutation in revenue records works on the will or on proof of heirship, under state procedure; a disputed will needs probate or a civil suit.

Common mistakes

Applying for a succession certificate to transfer a house. It only covers debts and securities.
Assuming probate is still compulsory for a Mumbai flat. It has not been since the 2025 repeal, though the society may still ask for it.
Treating the nominee as the owner and distributing on that basis.
Paying a bank's demand for a succession certificate where a nominee exists. The RBI Directions do not allow it.
Waiting years to apply for probate on the assumption that there is no time limit. The right is a continuing one, but delay has to be explained.

Frequently asked questions

No. Section 213 of the Indian Succession Act, 1925, which made probate compulsory for wills of Hindus, Sikhs, Jains, Buddhists and Parsis made in or dealing with immovable property in the former presidency towns, was omitted by the Repealing and Amending Act, 2025 (assent 20 December 2025). Probate remains available and is often still the practical route where a will is disputed or a bank, registrar or housing society will not act on the will alone. Probate proceedings already pending are saved.

Probate is granted to the executor named in a will and proves the will, giving the executor authority over the estate it covers. A succession certificate under Part X of the Indian Succession Act, 1925 is used where there is usually no will, and covers only debts and securities such as bank deposits and shares. It lets the holder collect them, and protects anyone who pays the holder in good faith under Section 381. It does not deal with land or buildings.

Often not. Under the RBI (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, a bank cannot insist on a succession certificate, probate or letters of administration where there is a nominee or survivor, whatever the amount. Where there is no nominee, no will and no dispute, a simplified procedure applies up to Rs. 15 lakh (Rs. 5 lakh for co-operative banks) or a higher limit fixed by the bank. Above that limit, or where claims are disputed, the bank can ask for court documents.

No. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (decided 14 December 2023), the Supreme Court held that nomination under the Companies Act and the Depositories Act does not create a third mode of succession. The company or bank is discharged by paying the nominee, but the nominee holds the asset for those entitled under the will or the law of succession.

In Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463, the Supreme Court held that Article 137 of the Limitation Act, 1963 applies to petitions for probate and letters of administration, but treated the right to apply as a continuing one that arises when the need for the grant arises. Long delays still have to be explained to the court.

Probate vs succession certificate in India: which document you actually need.