3 weeks ago
Probate no longer mandatory in India after 2025 law change
When someone dies, their family often needs to do paperwork before they can get the person's property and money.
A will is a document people write that says who should get their belongings.
Sometimes a court checks the will to make sure it is real and that the person understood what they were writing.
This court check is called probate.
Before 2025, probate was required in some Indian cities like Mumbai, Chennai, and Kolkata.
In December 2025, a new law made probate voluntary everywhere in India.
Families can still choose to get probate if they want extra safety.
Getting probate helps banks and other people trust that the will is genuine.
Probate does not prove ownership of the property, it only proves the will is valid.
If someone dies without a will, different rules based on religion are used to divide their belongings.
Probate is a court-issued certificate that validates a will and authorises the executor named in it to administer the deceased person's estate.
The Repealing and Amending Act, 2025, passed by Parliament in December 2025, repealed Section 213 of the Indian Succession Act, 1925.
Probate is now voluntary across India, including Mumbai, Chennai and Kolkata, where it was previously compulsory.
If a person dies without a will, probate does not apply and the estate is distributed under personal succession laws such as the Hindu Succession Act, 1956 and Muslim Personal Law.
Experts say families with high-value estates or possible inheritance disputes may still benefit from obtaining probate voluntarily, as banks and housing societies trust a court-verified will.
- Who
- Legal heirs of deceased persons in India, guided by experts such as Shraddha Nileshwar, Head – Will & Estate Planning at 1 Finance.
- What
- Probate became voluntary across India after Parliament passed the Repealing and Amending Act, 2025, repealing Section 213 of the Indian Succession Act, 1925.
- Where
- India, including Mumbai, Chennai and Kolkata, where probate was previously compulsory.
- When
- December 2025, when Parliament passed the Repealing and Amending Act, 2025.
- Why
- To end the mandatory probate requirement while still allowing families to seek voluntary probate for smoother asset transfers and fewer disputes.
Key facts
- Legal change
- Repealing and Amending Act, 2025
- Repealed provision
- Section 213 of the Indian Succession Act, 1925
- Timing
- Passed by Parliament in December 2025
- Probate status
- Now voluntary across India
- Previously compulsory in
- Mumbai, Chennai and Kolkata
- Purpose of probate
- Validates authenticity of the will and authorises the executor
- Probate without a will
- Not applicable; personal succession laws apply
- Challenge provision
- Section 263 of the Indian Succession Act allows revocation of probate
Quotes
Shraddha Nileshwar
Head of Will & Estate Planning at 1 Finance
“Probate is essentially a court's way of validating the authenticity and genuineness of a Will in addition to validating that the Executor named has the authority to carry it out.”
livemint.com
Sources
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