What Is the Probate of a Will? Complete Procedure & Legal Requirements You Must Know

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  When a person passes away, their belongings—like property, money, and investments—must be passed on to their heirs or beneficiaries. If the person has left a will, the probate of will procedure is the legal process that helps make this happen. In simple words, probate is the court’s way of confirming that a will is valid and ensuring the person’s wishes are carried out properly. In this blog, we’ll explain what probate means, how the process works, what legal documents are needed, and how it connects to tracing lost investments and the application for succession certificate. What Does “Probate of a Will” Mean? The word "probate" means proving the will in court. It is a legal certificate that confirms: The will is real and valid. The person named as executor (who will manage the property) is legally approved. The distribution of the deceased’s property as per the will is allowed. In India, probate is compulsory in certain area...
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Who Can Apply for a Succession Certificate and How? Everything You Need to Know

 

Losing a loved one is never easy. Along with emotional pain, families also face many legal and financial challenges. One common issue is getting access to the deceased person’s money, bank accounts, shares, or insurance claims. If the person passed away without leaving a will, or even if there is a will that needs to be enforced, the succession certificate plays an important role.

This blog will help you understand who can apply for a succession certificate, how the process works, and how it connects with probate of a will and unclaimed insurance claims. We will also explain where and how to make the application for a succession certificate using simple terms.

What Is a Succession Certificate?

A succession certificate is a legal document issued by a civil court. It gives authority to the legal heir(s) to collect debts and securities of a deceased person. This certificate is mostly used when there is no will left by the person (also called intestate death).

With a succession certificate, the legal heir can claim:

  • Bank balances
  • Fixed deposits
  • Mutual funds
  • Shares and debentures
  • Unclaimed insurance claims
  • Bonds and other securities

It helps banks and financial institutions know that the person claiming the assets is legally entitled to receive them.

Who Can Apply for a Succession Certificate?

Only the legal heirs of the deceased person can apply. A legal heir can be:

  • Spouse (husband or wife)
  • Children (son or daughter)
  • Parents (father or mother)
  • Siblings (in absence of direct heirs)

If there is more than one legal heir, they can apply together or authorize one person to apply on behalf of all.

It’s important to note that a succession certificate is different from a legal heir certificate. While both identify the heirs, the succession certificate gives the legal power to deal with debts and securities.

 


Application for Succession Certificate – Step-by-Step Process

The process involves filing a petition in a civil court (usually the District Court) in the area where the deceased person lived or where their property is located.

Here are the steps:

1. Draft the Petition

The application must include:

  • Name, address, and details of the applicant
  • Relationship with the deceased
  • Death certificate of the deceased
  • Details of debts and securities (like bank account details, shares, etc.)
  • Names and addresses of other legal heirs
  • A declaration that no will exists (if there is no will)

2. Submit the Petition in Court

The petition is filed under Section 372 of the Indian Succession Act, 1925. It must be submitted to the relevant District Court.

3. Notice in the Newspaper

The court will publish a notice in a newspaper to allow any objections. This is usually for 45 days. If no one objects, the court proceeds.

 

4. Court Hearing and Verification

The judge may ask for additional documents or statements from witnesses. The applicant should be ready to answer questions about their relationship with the deceased.

5. Grant of Succession Certificate

Once the court is satisfied, it will issue the succession certificate. This certificate can then be shown to banks, financial institutions, or companies to claim the assets.

 

What Is Probate of Will?

Sometimes, the deceased person leaves a will. In such cases, the legal heirs must prove that the will is genuine. This process is called probate of will.

Probate is a certificate granted by the court that confirms:

  • The will is valid
  • The executor (person named in the will) has the authority to carry out the wishes written in the will

Probate is usually required when:

  • The will involves immovable property in major cities like Mumbai, Chennai, or Kolkata
  • Someone challenges the will
  • The value of the estate is large

If a will exists and is valid, you may not need a succession certificate. But if there is no will or the will does not cover all assets, then applying for a succession certificate becomes necessary.

 

Unclaimed Insurance Claims and Succession Certificate

Many people forget to nominate someone for their insurance policies. In such cases, when the policyholder dies, the claim remains unclaimed. The insurance company will not release the money without legal proof of heirship.

Here’s where the succession certificate comes in handy. It acts as valid proof that the person applying for the claim has the legal right to receive it.

So, if your family member had a life insurance policy with no nominee or the nominee is also deceased, you must apply for a succession certificate to claim the amount.

 

Time and Cost Involved

  • Time: The entire process may take 3 to 6 months, depending on the complexity and objections (if any).
  • Court Fee: A nominal court fee or stamp duty is applicable, which varies from state to state. In some states, it is a percentage of the total asset value (usually 1% to 3%).

 

Conclusion

A succession certificate is a crucial legal document for claiming financial assets when someone dies without a clear nominee or will. Whether it’s for bank accounts, shares, or unclaimed insurance claims, this certificate ensures rightful transfer to legal heirs.

If you are going through this process, it’s always good to take legal advice or help from professionals who specialize in share recovery, succession cases, or inheritance matters.

#SuccessionCertificate #ApplicationForSuccessionCertificate #LegalHeir #UnclaimedInsuranceClaims #ProbateOfWill #InheritanceLaw #EstatePlanning

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