Probate

Probate is a court’s confirmation that a will is genuine, granted to the executor. It used to be compulsory for certain wills in India, but Parliament removed that rule in December 2025, so it’s now optional.

What probate does

When a court grants probate, it certifies that the will is the valid last wishes of the person who died and gives the executor clear, official authority to deal with the estate: to collect assets, pay any dues, and distribute what is left to the people the will names. Banks, registrars and buyers can then rely on the executor’s authority without second-guessing the will.

Is it still mandatory?

No. Section 213 of the Indian Succession Act once made probate compulsory for certain wills, mainly in the former presidency towns of Mumbai, Kolkata and Chennai. The Repealing and Amending Act, 2025 omitted that section from 20 December 2025, so an executor may still apply for probate but is no longer forced to. Separately, RBI’s 2025 directions say a bank cannot insist on probate where there is a nominee or survivor, and SEBI’s 2026 framework removed probate as a mandatory document for transferring shares and fund units to heirs.

Probate versus other certificates

Probate relates to a will. Where there is no will, heirs use a succession certificate or a legal heir certificate instead; these are different documents for different situations. See writing a will.