IndiaHow do I probate a will in India?
To probate a will in India, you must file a petition in the competent civil court (usually the District Court or High Court) with jurisdiction over the deceased’s last residence or where immovable property is located, along with the original will, death certificate, and supporting affidavits.
What the Law Says
Probate in India is governed primarily by the Indian Succession Act, 1925, which applies to wills made by Hindus, Buddhists, Sikhs, Jains, Christians, Parsis, and Jews. It does not apply to Muslims, who are governed by personal law.
Probate is a court-certified copy of a will that confirms its authenticity and grants authority to the executor to administer the estate. It is mandatory for wills made by Christians, Parsis, and Jews, and optional but highly advisable for Hindus, Sikhs, Buddhists, and Jains — especially when the will involves immovable property in major cities like Mumbai, Kolkata, or Chennai.
The application must be filed in the District Court (or High Court, if it has original civil jurisdiction) having territorial jurisdiction — i.e., where the deceased resided at the time of death or where any part of the immovable property is situated.
The court examines whether the will was executed freely, without fraud or coercion; whether the testator was of sound mind; and whether it was properly attested by two witnesses as required under Section 63 of the Indian Succession Act, 1925.
Statutory TextNo will shall be valid unless it is in writing and executed in the manner hereinafter provided.
— Indian Succession Act, 1925, s. 63 — Execution of unprivileged wills
Statutory TextThe Court may grant probate of the will of a deceased person only after satisfying itself that the will is genuine and that the executor is entitled to act thereunder.
— Indian Succession Act, 1925, s. 284 — Grant of probate
What to Do
Obtain the original will, death certificate, and identity proofs of the executor and witnesses.
Draft and file a probate petition in the appropriate District Court (or High Court), including annexures: verified affidavit, list of legal heirs, property details, and witness statements.
Publish a statutory notice in a local newspaper and serve notices to all legal heirs (even those disinherited).
Attend court hearings; respond to objections (if any); and produce witnesses for examination.
Once granted, register the probate order with the Sub-Registrar if immovable property is involved, and use it to transfer titles or access bank accounts.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.