How making probate optional for Wills eases succession planning in Mumbai, Chennai and Kolkata

The Indian Parliament in December 2025 cleared the Repealing and Amending Act, 2025, removing the mandatory requirement for probate of a will. 

Under Section 213 of the Indian Succession Act, 1925, it was compulsory for executors and beneficiaries of certain communities (Hindus, Buddhists, Sikhs, Jains and Parsis) to obtain a court-certified probate in Mumbai, Chennai and Kolkata to enforce the will. Now, this time-consuming and costly court process isn’t mandatory anymore. Let’s understand this in detail and what the new development means for you. 

What is probate?

Probate is a court process that certifies a will as genuine, giving the executor the legal authority to manage the estate. This means that through probate, the court verifies that a will is genuine and the executor has the right to administer the estate. 

Historically, probate has mattered because banks, registrars and other institutions relied on it as the strongest proof of authority. Probate also clarified who can act as the executor and helped solve disputes. However, the process of probate is slow and costly, and not that useful for uncontested wills. 

Probate involves the filing of a petition, notices to heirs and an opportunity for objections. This makes the process lengthy; heirs can contest and object to the will, which can lead to additional legal costs. 

What is Section 213?

Section 213 of the Act mandated that the executor doesn’t have the right to administer the estate unless the court grants a probate. The main criticism of this requirement, however, has been that it’s not uniformly applicable across India, making it discriminatory. 

Repealing and Amending Act, 2025

The Repealing and Amending Act, 2025, has removed Section 213 from the Indian Succession Act, a move aimed at ending disparities in probate requirements. 

“Removal of Section 213 of the Indian Succession Act, enhancing fairness and uniformity in succession matters by eliminating community-based disparities in probate requirements,” the official government factsheet on the Act dated January 1, 2026, said. 

Does probate exist now?

Probate hasn’t been abolished and is still available for those who want to use it, but it isn’t mandatory anymore for individuals in Mumbai, Chennai and Kolkata. In other parts of India, probate was already optional. 

Probate has been mandatory in Mumbai, Chennai and Kolkata since the British era. These cities were the presidency towns under colonial rule, and the government used to rely on courts to validate property transfers to prevent fraud. With time, probate has become a tradition more than a requirement, at least in most modern-day cases. 

What does this mean for you?

If you are a beneficiary or an executor of a will, you can still act on it without getting a probate. The amendment is expected to result in faster settlements and reduce legal cases for uncontested estates. 

As probate is no longer compulsory, heirs and executors can use documents including the will, death certificate and identity proofs to settle the affairs and administer the testator’s estate. 

This development can significantly reduce procedural delay and limit legal expenses for families, allowing them to settle succession matters smoothly and more efficiently. 

Are probate and registration the same thing?

Many believe registration to be the same as probate. However, the two are different and have different court processes. Registration is an administrative act that one can complete during their lifetime. It’s purely to establish that a will exists and has been executed voluntarily. 

However, heirs can still challenge registered wills. Registration does not stop heirs from challenging the will and doesn’t grant the executor the authority to manage the estate. 

Probate, on the other hand, is a judicial process that happens after the death of the individual who made the will (testator). Through probate, the court examines the will, addresses objections (if any) and confirms its validity. Probate gives legal authority to the executor to administer the estate. 

Should you get a voluntary probate?

While probate isn’t necessary anymore, you (as an heir/beneficiary/executor) can still consider it in these situations:

• If you expect a dispute among your family members.

• If you think the will is likely to be challenged.

• Any substantial, immovable property is included in the will.

• The will has multiple heirs or beneficiaries. 

Additionally, probate can be considered in cases where the will has made an unexpected distribution or where legal heirs are excluded. Probate can also ease the process if there are NRIs and cross-border inheritance involved, including if foreign banks require proof.