Probate
A court's official confirmation that a will is genuine, granted to the executor.
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. Banks and fund houses also no longer insist on it in most cases. Read more in our lesson on writing a will.
Questions people ask
What is probate?
Probate is a court's certified confirmation that a will is valid, granted to the executor named in it. It gives the executor clear authority to deal with the estate.
Is probate mandatory in India now?
No. Section 213 of the Indian Succession Act used to make 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. An executor can still choose to apply for probate.
Do banks or SEBI still ask for probate?
RBI's 2025 directions say a bank can't insist on probate when there's a nominee or survivor. SEBI's July 2026 framework removed probate as a mandatory document for transferring shares and fund units to heirs.
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