India — Help & Advice
Legal Heir Certificate vs Succession Certificate vs Probate in India (Which One Do You Need?)
If you are trying to transfer bank accounts, fixed deposits, demat shares, mutual funds, insurance payouts, or property after a death in India, the biggest delay is usually choosing the wrong document. This guide gives you a practical decision tree — what to use, when, and why.
People commonly search for “succession certificate process in India”, “probate process in India”, “legal heir certificate apply online”, and “how long does succession certificate take”. You’ll find the difference between each document here, plus a real-world strategy to match the document to the asset and institution checklist.
Use this guide with your institution’s checklist
The 60-second answer
If you only read one section, read this.
The rule that prevents months of delay
Many families search for “PF claim after death”, “how to transfer bank account after death in India”, “succession certificate process in India”, or “is probate mandatory in India”. This guide explains the difference between a legal heir certificate, succession certificate, probate and letters of administration — and how to choose the correct document for each asset.
Use this page to choose the correct track: nomination track (fastest, often no court) vs court-authority track (succession certificate / probate / letters of administration).
For the broader legal context (who inherits, wills, property transfer), use India legal guide.
Comparison table: which document does what?
A fast reference for families, banks, and lawyers.
| Document | Issued by | Used for | When required (in practice) |
|---|---|---|---|
| Legal heir certificate | Revenue / local authority (varies by state) | Proof of heirs for many practical workflows (often supporting proof for banks/benefits/local transfers) | Commonly used when you need “who are the heirs?” proof — but acceptance depends on asset/value and institution policy |
| Succession certificate | Court | Court authority to collect certain movable financial assets / securities when institutions require it | Often needed when there is no nomination, higher value, multiple heirs, or dispute risk (especially for bank/FD/securities) |
| Probate | Court | Court validation of a will and confirmation of executor authority (strong dispute-risk reducer) | Used when institutions ask for stronger proof for will-based estates; may be requested for large/high-risk assets even if not strictly required in every case |
| Letters of administration | Court | Court appointment to administer an estate when there is no effective executor (intestate or executor cannot act) | Common route when there is no will or no workable executor and court authority is needed for administration/transfers |
Tip: if an office gives you a verbal answer, ask for the checklist in writing (email/letter/WhatsApp message) to prevent changing requirements mid-process.
What each document means
Plain-English definitions you can reuse in conversations with banks and lawyers.
Legal heir certificate (common practical use)
A government/revenue-style certificate commonly used to show who the legal heirs are. Many people search “legal heir certificate apply online” — availability varies by state portal and local practice. In real life, it is often used for family benefits and as supporting proof for some institutions, but it is not automatically accepted for every asset/value.
Succession certificate (court authority for movable financial assets)
A court-issued certificate that can authorise collection of debts and securities (common for bank balances, fixed deposits, shares/securities) when institutions require court authority, especially if there is no nomination or the case is higher risk.
This is often described online as the succession certificate process in India. The exact steps and notices vary by court, so confirm the institution’s checklist before filing.
Probate (court validation of a will)
Probate is a court validation of a will and confirmation of the executor’s authority. People often search “probate process in India” — the practical workflow depends on the local court, documents, and objections (if any).
Practical landscape (keep this wording cautious)
Letters of administration
Typically used when there is no will (intestate) or when there is a will but no effective executor (or the executor cannot/will not act), and a court appointment is needed to administer the estate for certain assets or disputes.
Decision tree: which document do you need?
A practical flow that matches real-world bank/DP/property behaviour.
Step 1: Start with nomination (fast path)
- If a valid nominee exists and the case is uncontested, many institutions proceed with: death certificate + KYC + nominee claim forms (and additional proofs as needed).
- If there is no nominee, multiple heirs, disputes, or high value, institutions often require court authority (succession certificate / probate / letters of administration / court decree).
Step 2: Match the document to the asset type (this is where people waste months)
Movable financial assets (bank balances, FDs, securities)
Often nomination-based for routine cases. Without nomination or for higher risk/value: succession certificate or other court authority is commonly requested.
Will-based estates (when institutions want stronger proof)
Institutions may accept a will with supporting documents, but some prefer probate for large or contested estates. Probate reduces the “dispute risk” argument.
Property / immovable assets
Property transfer often requires a separate, jurisdiction-specific pathway. Many families still need legal heir proof and/or court orders depending on local practice and disputes. Use the full India legal guide for property transfer strategy.
Step 3: The single question that ends uncertainty
“For this asset and value, what do you accept: nomination + death certificate, legal heir certificate, succession certificate, probate, letters of administration, or a court decree? Please give me the checklist in writing.”
Asset-by-asset playbook
What banks, DPs and insurers typically ask for — and how to avoid getting bounced.
Bank accounts & fixed deposits
Most common friction point: no nomination or multiple heirs.
- If a nominee exists and the case is straightforward: death certificate + KYC + bank claim forms can be enough.
- If no nominee (or higher-risk): banks may ask for legal heir proof and/or court authority (succession certificate / court decree) depending on value/policy.
- Many people search “how to transfer bank account after death in India” — the fastest method is asking the branch for the exact transmission checklist in writing.
Bank script (copy/paste)
“Please confirm nomination status for each account/FD and provide the exact checklist for transmission after death. If court authority is required, specify which one (legal heir certificate / succession certificate / probate / letters of administration) and for what reason.”
Demat, shares, and mutual funds
Transmission requirements can vary by DP/RTA and value thresholds.
- With valid nomination: many DPs/RTAs process transmission with death certificate + KYC + transmission forms.
- Without nomination or complex family situation: institutions may request court authority (succession certificate / probate / letters of administration / court decree).
- Ask for a “single-page holdings snapshot” + nomination status early — it prevents missed assets.
Don’t confuse processing with ownership
Insurance claims (life + accident)
Fast wins often come from bank-linked and employer group covers.
- Insurers usually process claims via nominee/beneficiary forms with death certificate and policy documents.
- If nomination is unclear or disputed, insurers may pause payout pending court directions or settlement among claimants.
- Run a full sweep: bank-linked covers, employer group insurance, PMJJBY (life), PMSBY (accident), standalone policies.
For the benefits-heavy workflow (EPFO/ESIC/pensions + insurance sweep), see Government benefits (India).
Property and high-stakes assets
Use the legal guide for strategy and sequencing.
Property transfer is where families often get stuck because requirements vary by state, local office practice, and whether there is a will/dispute. For full property transfer strategy, use:
How to choose the right path (practical checklist)
A structured approach that works in the real world.
- Make an asset inventory: bank accounts, FDs, demat, mutual funds, insurance, property, business interests, digital assets.
- For each asset, record: nomination status, approximate value, institution name/branch, and who controls access.
- Ask each institution for the exact checklist and document requirement for your case (asset + value + nomination + heirs).
- Only then decide whether you need: legal heir certificate, succession certificate, probate, letters of administration, or court decree.
High-value estate rule
Timelines: what’s normal in India?
A realistic lens so families don’t panic (or drift).
- Nomination-based transmissions can be quick in simple cases — but delays happen if nomination is missing, KYC is incomplete, or documents mismatch.
- Court authority routes (succession certificate / probate / letters of administration) typically take longer. Many people ask “how long does succession certificate take” — it depends on court workload, completeness, and whether objections arise.
- The fastest way to reduce time is submitting a complete pack once, with consistent spellings and a single coordinator.
Most common timeline killer
Document checklist (master pack)
Create once, reuse everywhere.
- Death certificate (multiple certified copies)
- Proof of relationship (marriage certificate; birth certificates where relevant)
- Deceased: PAN and Aadhaar (or other ID as applicable)
- Claimant/nominee/heir: PAN and Aadhaar
- Bank account details for payout (cancelled cheque/passbook copy)
- Nomination proofs (PF/bank/demat/insurance) where available
- Will (if any) + executor details (if named)
- Any court orders/certificates (succession certificate / probate / letters of administration) if required
Pro tip
FAQ (India)
Short, snippet-ready answers.
How do I choose between legal heir certificate and succession certificate?
Start with the asset. For many routine processes, legal heir proof can be supporting documentation. For collecting movable financial assets in higher-risk cases (no nominee, multiple heirs, higher value), institutions often ask for court authority such as a succession certificate or court decree.
Do I need probate for a will in India?
Probate validates a will and strengthens executor authority. The practical landscape has shifted, but institutions may still ask for probate to reduce dispute risk. Confirm acceptance requirements per asset/value.
When are letters of administration used?
Commonly when there is no will (intestate) or when there is a will but no effective executor, and a court appointment is needed to administer the estate.
Where do I find state-level benefits (ex-gratia / widow support)?
Use the state schemes directory to find your state/UT’s latest support pathways and the correct district office.
Next steps
Use the right companion guides.
- Read the legal foundation: India legal guide
- Run the benefits sweep: Government benefits & financial support (India)
- Check state-level support: State-wise schemes directory
- If you need an operational checklist: What to do after a death (India)