India legal guide after a death: wills, succession, probate & estate steps

Typical assets

• Bank accounts, fixed deposits (FDs), recurring deposits (RDs)
• Mutual funds, shares/demat holdings, bonds, small savings instruments
• Insurance claims payable (life cover, group cover, employer cover)
• Provident fund / pension balances and benefits (scheme-specific)
• Property/land/flat, including housing society membership rights (process varies)
• Vehicles, gold/jewellery, valuables, household contents
• Business interests, partnership rights, receivables, invoices
• Digital assets (email, cloud photos, subscriptions, domains, crypto)

Typical liabilities

• Home loans and other secured loans
• Personal loans, credit cards, BNPL/consumer finance
• Outstanding rent, society maintenance, utility arrears
• Business liabilities (if applicable) and unpaid taxes/dues

As a practical rule, don’t distribute assets early. First confirm who has legal authority to act, identify all major assets/liabilities, and keep records.

1) Death certificate (official)

This is the document most institutions require before they will process claims, close accounts, transfer property, or release benefits. Obtain multiple certified copies if possible—different offices often want originals or attested copies.

2) Identity + relationship proof for claimants/heirs

• Your ID/address proof (as claimant) and basic family linkage documents where needed
• Marriage certificate, birth certificates, or other proof used by the local office/provider
• If names differ across documents, keep supporting evidence ready (affidavit/name change/ID linkage as applicable)

3) The will (if one exists) + any codicils

Locate the latest original will if possible. Keep it safe, don’t mark it, and don’t staple/remove pages. If the estate is likely to be contested, take legal advice before you “start administering” anything.

Helpful next read: India checklist: what to do after a death →

A valid will is the clearest record of who should inherit and who should administer the estate (executor). In practice, even with a will, organisations often require: identity verification, death certificate, and (depending on the asset) probate/letters of administration or other proof of authority.

Practical notes

• A will can cover property, money, and personal possessions; it can also appoint an executor.
• Wills can be challenged; keep evidence of authenticity and circumstances of signing where relevant.
• For property-heavy estates, start a document folder early (title deeds, tax receipts, society records, loan statements).

If someone dies without a valid will, succession is determined by the applicable law. In India, this can differ based on personal law (for example, different rules can apply to Hindus, Muslims, Christians, Parsis, etc.), and there can be special rules for certain assets.

Why intestate cases get complicated

• Multiple heirs across generations (spouse, children, parents) and blended families
• Disputes about marriage status, adoption, or dependency
• Property that is jointly held, ancestral, or subject to state-specific land processes
• Assets with nomination (payout) vs ownership (inheritance) tension
• Missing documents or inconsistent names across records

If you suspect disputes, pause and get advice before you collect/distribute assets—especially property.

Many Indian families get stuck here. A nominee is registered with an institution (bank, mutual fund, insurer, PF, housing society, etc.) to receive proceeds or take certain actions after death. A legal heir is entitled under inheritance law. In many real-world cases, the nominee can receive the money, but the money may still be legally owed to the rightful heirs/beneficiaries.

Legal heir certificate (common use)

A legal heir certificate is commonly used to establish the family relationship and identify the heirs for practical purposes (for example, certain service benefits, some department processes, and many “proof of heirs” requirements). The issuing authority and exact name/process can vary by state.

Succession certificate (common use)

A succession certificate is typically a court-issued document used to claim certain debts and securities (for example, bank balances, securities, or similar movable financial assets) when institutions require court authority—especially in intestate cases or when there is no clear nomination/authority.

Which one should you start with?

• If the main issue is proving who the family/legal heirs are for departmental processing: start with a legal heir certificate (where applicable in your state).
• If the main issue is claiming movable financial assets where the institution requires a court order: you may need a succession certificate.
• If there is a will and an executor, focus on will + executor authority first (and probate/letters of administration only if required for that asset/circumstance).

The required document depends on the asset, the institution, and state practice. If you’re unsure, ask the provider: “What exact document do you require, and is nomination sufficient in this case?”

Probate is a court process that validates a will and confirms the executor’s authority. Letters of administration are court authority to administer an estate when there is no will (or no acting executor).

Regional/personal-law variation note: in some states and communities, specific succession rules and local practice can affect whether probate is required or commonly requested for certain wills (for example, Christian succession in some regions). If a provider insists on probate, ask what alternatives they will accept—and consider legal advice early.

When you might need it

• High-value or disputed estates where institutions demand court authority
• Property transfer situations where the sub-registrar/authority requires court-backed proof
• Cases with unclear heirs, missing documents, or competing claims
• Cross-border estates or overseas assets where foreign institutions require formal authority

Debts are generally paid from the estate. Family members are not automatically required to pay a deceased person’s debts from their own money unless they are also legally responsible (for example, a joint loan, a co-borrower, or a guarantor).

Common scenarios

• Home loan: the lender usually expects payments to continue; insurance (if any) may cover it depending on policy terms.
• Credit card: typically an estate liability; do not pay personally unless you are jointly liable or have guaranteed.
• Joint loans/co-borrowers: the surviving borrower remains liable.
• Guarantor: guarantor may be liable if the debt is not paid by the estate/borrower.

If creditors pressure family members, ask them to put the claim in writing and state the legal basis. Don’t sign admissions under pressure.

Transferring property after a death typically involves two layers: (1) proving inheritance/authority and (2) updating records (mutation) with the local authority and/or housing society. Processes vary widely by state, city, and whether the asset is a flat, plot/land, or ancestral property.

Practical acceleration tip: some states offer online mutation or property record portals (for example, IGRS-style systems in some jurisdictions). If your state offers this, it can reduce in-person visits and repeated office trips—check the official state portal and follow the documented process.

Typical documents asked for

• Death certificate
• ID/address proof of claimant(s)
• Will (if any) and proof of executor/authority (where required)
• Legal heir certificate / succession certificate / court order (as required by the authority)
• Property documents (sale deed, allotment letter, share certificate if society, tax receipts, encumbrance/loan info)

Society / apartment association realities

• Societies often require an application, KYC of claimants, and a clear succession/authority pathway.
• If there are disputes, societies commonly ask for court direction or a no-objection arrangement among heirs.
• Keep maintenance receipts and bills current; unpaid dues can block transfers.

If the property is the main asset (or multiple heirs are involved), speak to a lawyer early—property delays create long-term family conflict.

If there is a nominee or joint holder

• Banks and providers often settle faster with nomination or a survivorship clause (death certificate + KYC).
• For joint accounts, survivorship usually enables the surviving holder to operate/receive funds (subject to provider terms).
• For FDs/investments, providers may require specific claim forms and identity verification.

Demat / shares: who to contact

For demat holdings and listed shares, start with the Depository Participant (DP) or the relevant registrar/transfer agent (RTA) for the company/fund. The transmission process has been streamlined over time, but each DP may still have their own forms and document checklist—ask for the “transmission of securities” packet in writing.

Mutual funds: who to contact

For mutual funds, contact the Asset Management Company (AMC) or their registrar / KYC service provider to ask for the transmission/claim checklist and forms. Requirements can differ depending on holding pattern, nomination, and the size of the claim.

Small savings schemes (post office, NSC, KVP)

For small savings schemes and post office instruments (including common products like NSC and KVP), contact the relevant post office or administering authority. These schemes often have their own nominee/claim forms and document checklists, which can differ from bank processes.

If there is no nominee / dispute / unclear heirs

• Institutions may ask for a succession certificate, letters of administration, or a court order for large balances or contested claims.
• Prepare a consolidated asset list (accounts, FDs, demat/mutual funds) with statements if you can obtain them lawfully.
• If you are denied information, ask what they can provide to the legal heirs/executor and what document they require to proceed.

Claims for life insurance, employer group insurance, pensions, and provident funds typically require a death certificate and claimant KYC. Where a valid nominee exists, settlement is often smoother (though disputes can still arise later about ownership rights under succession law).

Common claim packet

• Death certificate
• Claim form (provider-specific)
• KYC of nominee/claimant (ID + address proof)
• Bank details for transfer
• Employer letter/service records where relevant (for employer benefits)

If the family depends on these funds, prioritise them early while property matters run in parallel.

Digital assets can include email, cloud photo libraries, subscriptions, social media, payment apps, device-stored documents, and cryptocurrencies. Providers may refuse access even to family without proper authority, and phones often hold the only copy of key information.

Actionable planning tip: Google’s Inactive Account Manager, Apple’s Legacy Contact, and Facebook/Meta memorialisation settings (including legacy contact options) work in India—set them up if you want someone to access your data and close accounts smoothly.

Practical steps

• Secure the phone and SIM quickly (OTP control matters for banking, UPI, email resets).
• Make an inventory of key accounts: email, UPI/payment apps, banks, broker/demat, subscriptions, cloud storage.
• Stop recurring payments and subscriptions where possible (do this carefully; preserve evidence first).
• If you use a password manager, set a safe emergency access plan.
• For crypto: document wallet locations and seed phrase storage for the executor—never store seed phrases in a will that could become public.

Get advice early if:

• There is any family dispute, competing claim, or suspicion of a forged will
• Property/land is the main asset, or there are multiple heirs who disagree
• You may need a succession certificate, letters of administration, or probate
• There are overseas assets or NRI/OCI heirs and cross-border paperwork
• The estate is insolvent (debts exceed assets) or creditor pressure is aggressive
• Names/relationships in documents are inconsistent and causing rejections

Finding help ethically: the Bar Council of India does not permit solicitation. If you’re searching for a practitioner, you can start with your state bar council resources (where available) and ask trusted local contacts for referrals—especially for property mutation and succession work in your specific district.

For property work, ask the lawyer how many similar succession/mutation matters they’ve handled in that specific tehsil / sub-registrar office—local process familiarity often matters as much as legal knowledge.

If costs are a barrier, ask about eligibility for legal aid in your district. Legal aid services may be available for eligible families through the District Legal Services Authority.

If you are trying to transfer property, a lawyer who regularly handles succession/property mutation work in that specific city/district is often more effective than a generalist.