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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Why You Need a Legal Heir Certificate and How to Apply Online Easily

 

Losing a loved one is emotionally painful. Along with that, families often face legal and financial issues especially when it comes to claiming the assets of the deceased. One important document that can make this process easier is the Legal Heir Certificate.

This certificate identifies the rightful heirs of the deceased person and is needed to access or transfer property, pensions, bank balances, insurance, or shares. In this blog, we’ll explain why you need a legal heir certificate, how you can apply for it online easily, and how it relates to other legal terms like succession certificates, unclaimed shares, and probate of will.

 

What Is a Legal Heir Certificate?

A Legal Heir Certificate is a government document that lists all the legal heirs of a deceased person. It proves the relationship between the deceased and the person claiming the assets.

This certificate is usually required when:

  • A family member dies without a will.
  • You want to transfer bank accounts, insurance, or property.
  • You are applying for government benefits like a pension or gratuity.


 

Why You Need a Legal Heir Certificate

Here are the main reasons why a legal heir certificate is important:

  1. Transfer of Assets
    Whether it's money in the bank, a house, or shares in a company, the certificate helps in legally transferring ownership.
  2. Claiming Benefits
    If the deceased person was working, the legal heirs might be eligible for benefits like pension, gratuity, or insurance.
  3. Avoiding Legal Trouble
    It avoids future disputes among family members about who is the rightful heir.
  4. Filing Other Legal Applications
    For more complex matters, you might also need to file an application for succession certificate, and the legal heir certificate helps support that.

 

Legal Heir Certificate Online Apply – Step-by-Step Guide

Gone are the days when you had to run from one government office to another. You can now submit your legal heir certificate online apply through the official state government portals.

Here’s how you can do it:

Step 1: Visit the Official Website

Go to your state’s e-district portal or online citizen service portal. Each state in India has a separate website for these services.

Example:
For Tamil Nadu: https://www.tnesevai.tn.gov.in
For Delhi: https://edistrict.delhigovt.nic.in

Step 2: Create an Account

Register with your mobile number, email ID, and create a password.

Step 3: Fill the Application Form

Enter the required details:

  • Name of the deceased
  • Date of death
  • Names and relationships of all legal heirs
  • Applicant details

Step 4: Upload Required Documents

These usually include:

  • Death certificate of the deceased
  • ID and address proof of the applicant
  • Proof of relationship (like ration card, Aadhaar)
  • Self-declaration or affidavit

Step 5: Submit and Track

Submit the form and keep the application number for tracking.

Step 6: Verification and Issuance

Once the details are verified, the certificate is issued. You may get a soft copy via email and a physical copy through post or in-person collection.

 

Difference Between Legal Heir Certificate and Succession Certificate

Many people get confused between the Legal Heir Certificate and the Succession Certificate.

Legal Heir Certificate:

  • Used for simple matters like pension claims, insurance, or property transfer.
  • Issued by the local revenue authorities (like the Tahsildar or District Collector).
  • Costs very little or nothing.

Application for Succession Certificate:

  • Required when the person dies with financial assets like stocks, bonds, or debts and no will.
  • Issued by a civil court after a legal process.
  • Usually involves legal fees and court hearings.

So, if your case involves more complicated assets or legal disputes, you might have to file an application for succession certificate through the court, even after having a legal heir certificate.

 

What Is Probate of Will?

If the person who passed away left a will, you may not need a legal heir certificate at all. But to make the will official and executable, you will need a probate.

What is Probate of Will?

Probate is a legal process where the court confirms the will is valid. After probate, the executor named in the will can legally distribute the assets as per the wishes of the deceased.

 

Key points:

  • Filed in the district civil court.
  • Required mainly for immovable property.
  • A copy of the will and death certificate are mandatory.

If you're wondering, what is probate of will, think of it as the government’s way of confirming that a will is real and should be acted upon.

 

How to Trace Unclaimed Shares of the Deceased

If the deceased held shares and forgot to pass them on, or if the family didn't know about them, these are called unclaimed shares.

You may want to know how to trace unclaimed shares. Here's how:

  1. Check with Registrar & Transfer Agents (RTAs):
    Companies like Karvy, Link Intime, or KFintech manage shares for many public companies.
  2. Use the IEPF Website:
    Visit https://www.iepf.gov.in. Enter the PAN or folio number of the deceased to search for unclaimed shares.
  3. Contact the Company’s Investor Cell:
    Most listed companies have an investor relations department.
  4. Claim Through IEPF:
    If shares are transferred to IEPF (Investor Education and Protection Fund), you will need the legal heir certificate or succession certificate to make a claim.

So, if you are trying to figure out how to trace unclaimed shares, the process starts with gathering details of the deceased's investments, then applying through the right channel.

 

Conclusion

Losing someone is hard, but managing their legal and financial matters doesn’t have to be. A Legal Heir Certificate makes this easier by proving your right to inherit. Thanks to digitization, the legal heir certificate online apply process is now faster and more convenient.

If you’re dealing with more complex situations involving large sums, shares, or unclear wills, you might also need an application for succession certificate or understand what is probate of will. And if you suspect there are assets left behind, it’s important to learn how to trace unclaimed shares.

Taking these steps not only protects your rights but also brings peace and closure to a difficult chapter.

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