Civil · 7 min read
Succession certificate, Letters of Administration & Probate — when each is needed
Distinguishing succession certificate, letters of administration and probate under the Indian Succession Act — and the procedure to obtain each.
When a person dies, the legal heirs may need a court-issued document to deal with the deceased's assets — particularly bank accounts, shares, FDs and immovable property.
The Indian Succession Act, 1925 provides three principal instruments — succession certificate (Section 372) for movable debts and securities; letters of administration (Section 232) where there is no Will or no executor named; probate (Section 222) where there is a Will and an executor.
Who this guide helps
Is this for you?
- Legal heirs of a person who died intestate (without a Will)
- Beneficiaries / executors under a Will
- Heirs needing to claim FDs, mutual funds, shares without nomination
Governing law
Legal basis
- Indian Succession Act, 1925 — Sections 222, 232, 372
- Hindu Succession Act, 1956 (for intestate Hindus)
- Muslim personal law (for intestate Muslims)
Step by step
The procedure
- 01
Identify the right instrument
Movable assets (debts, securities, FDs, shares) without Will → succession certificate. Will exists with named executor → probate (mandatory in some jurisdictions). Will exists without executor / executor renounces → letters of administration with Will annexed. No Will + immovable assets → letters of administration.
- 02
File the petition
Filed in the District Court / High Court having jurisdiction (where the deceased ordinarily resided or where the assets are situated).
- 03
Citations and objections
Court issues citations through publication and notice to legal heirs. Objections, if any, are heard.
- 04
Court fee on assets
Court fee is ad valorem on the value of the assets covered (with State-wise caps).
- 05
Grant
On satisfaction, the court grants the certificate / probate / letters of administration. Banks and registries act on the grant.
Checklist
Documents to keep ready
- Death certificate
- Will (if any) — original
- Family tree affidavit / legal heir certificate
- Identity & address proof of all heirs
- Asset details — bank passbooks, share certificates, FD receipts, property documents
What to expect
Indicative timeline
- Uncontested grants: 4–9 months
- Contested matters: 1–3 years
Money matters
Cost components
- Court fee — ad valorem on asset value (capped by State)
- Counsel fee — agreed in writing
Indicative only. Actual outflow depends on the forum, valuation and scope of work.
Avoid these
Common pitfalls
- Filing the wrong instrument — leads to return / dismissal
- Undervaluing assets to save court fee — invites scrutiny and amendment
- Missing legal heirs in citations — opens future challenge
From the chambers
Practical tips
- For nominee-only assets, banks may release without a court grant — verify the institution's policy
- Keep a consolidated affidavit of family tree updated
Questions we hear
Frequently asked
Is probate compulsory in Delhi?
Probate is not compulsory in Delhi for Hindus, Buddhists, Sikhs and Jains, but is highly useful to perfect title under a Will.
Difference between legal heir certificate and succession certificate?
Legal heir certificate identifies heirs (issued by Tehsildar / Revenue authorities); succession certificate is a court grant authorising heirs to receive movable debts / securities.
This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.