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Estate planning · Will

Probate: when it's required and how to get it

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Probate is a court order certifying that a Will is genuine and the Executor is authorised to act. Without Probate, banks and property registrars in many states will not transfer assets. Probate is mandatory in Bombay, Calcutta, and Madras High Court jurisdictions for immovable property in those cities.

Provisions

Indian Succession Act 1925, Sec 213, 222, 276

Analysis

Across India, banks increasingly require Probate before releasing large fixed deposits or accounts even without a mandatory legal requirement.

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  1. File Probate petition at High Court in jurisdiction where testator died
  2. Attach: original Will, Death Certificate, property list, family tree
  3. Court issues notice to potential objectors (30-60 days)
  4. If no objection → Probate granted in 3-6 months (uncontested)
  5. Contested Probate → 3-10 years. This is why a clear, registered Will matters.
  6. Court fees: 3% of estate value (varies by state), can be substantial for large estates

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