Probate, letters of administration and a succession certificate

At a glance

These are different legal processes. Choose the route by the will, estate, governing law and relief required, rather than the document name an institution casually requests.

Law and context

The Indian Succession Act distinguishes probate and administration from certificates for debts and securities. Applicability and any requirement for a grant depend on the statutory provisions and facts. One grant should not be described as universal proof of every property claim.

Practical next step

Ask the relevant institution what it requires in writing and take that request with the original estate documents to counsel. Identify any competing claim before applying.

Important qualifications

This guide does not assert that probate is mandatory for every J&K will. Territorial, personal-law and special statutory questions must be checked.

Document checklist

• Will and death certificate
• Institution's written request
• Asset schedule
• Competing-claim record

Sources

• The Indian Succession Act, 1925 — 213,218,222,276,278,370

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.