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How to get a Probate of a Will in India?

  • Rajarshi Guha
  • Feb 26, 2024
  • 3 min read

Updated: Sep 2

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After a person has deceased, the assets (movable and immovable) are legally owned by the next of kin. In the case of a person who has written a will prior to their death, the individual(s) who are designated to receive the assets must validate the will in a court of law, a process known as Probate.

Testator: The person who makes the will.

Beneficiary: The individual(s) who receive the assets (movable and immovable) from the deceased.

Executor: The person assigned by the Testator to oversee the execution of the will.

Sometimes the Testator also specifies individuals who are not to receive a portion of the assets or who are forbidden, in order to protect the will.

The steps for execution are following:

  1. Collection of all documents as per the above list: This involves gathering all necessary paperwork and documents related to the deceased’s will, assets, liabilities, and other relevant legal documents.

  2. Preparation of declaration with notarization of documents as required: Drafting a legal declaration outlining the details of the probate application, which may need to be notarized to authenticate its contents.

  3. Application for the Probate in court: Filing the probate application with the appropriate court, along with all required documents and fees.

  4. Hearing of the case: A scheduled court session where the probate application is reviewed and considered by the judge.

  5. Intimation letter to all the relevant parties as mentioned in the Will: Sending notifications to all beneficiaries, heirs, and other relevant parties mentioned in the will, informing them of the probate proceedings.

  6. Advertisement in the National English and Vernacular language  Newspaper: Publishing a legal notice in national newspapers, as required by law, to inform potential creditors and interested parties about the probate proceedings.

  7. Executor and Witness Appearance in the court: The executor of the will and any witnesses may be required to appear in court to provide testimony or clarification regarding the authenticity and validity of the will.

  8. Final hearing for the case: A concluding court session where any outstanding issues or objections are addressed before the judge makes a final decision on the probate application.

  9. Payment of Government stamp duty for the probate: Fulfilling the requirement of paying the necessary government stamp duty as prescribed by law for obtaining the probate.

  10. Grant of Probate for the Will: The formal legal recognition and approval granted by the court, confirming the validity of the will and authorising its executor to carry out the terms outlined therein.

  11. Collection of original documents from the court except the Will: Retrieving all original documents submitted to the court during the probate process, excluding the original copy of the will, which is typically retained by the court.

  12. Closure of the Probate Process: Concluding all administrative and legal formalities associated with the probate process once the grant of probate is obtained, effectively closing the probate proceedings.


At NRI Assist Services, we help NRIs across the Globe to get Probate of the Will,At NRI Assist Services, we help NRIs across the Globe to get Probate of the Will, currently serving clients in Delhi-NCR & Kolkata, West Bengal. We become the single point of contact for all your needs. We also provide Power of Attorney (PoA) Service, which means you can complete the process without visiting India.


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