Succession certificate, probate and legal heir certificate
Three documents that are regularly asked for interchangeably and are not interchangeable, and how to tell which one an estate actually needs.
Last reviewed 17 August 2026 · Reviewed by Aditya Kumar Jain, Advocate
A succession certificate, granted under Part X of the Indian Succession Act, 1925, authorises the holder to collect the debts and securities of a person who died without a will. It does not deal with immovable property. Probate, or letters of administration, relates to the whole estate and is granted under Part IX — probate where there is a will and an executor, letters of administration where there is not. A legal heir certificate is an administrative document issued by a local authority, used for service benefits and similar purposes; it is not a determination of title by a court. In Kolkata one point is decisive: a will made by a Hindu within the ordinary original civil jurisdiction of the Calcutta High Court, or relating to immovable property situated within it, cannot be relied upon to establish a right as executor or legatee unless probate or letters of administration have been granted.
The Kolkata point, first
Section 213 of the Indian Succession Act, 1925 provides that no right as executor or legatee can be established in any court unless probate or letters of administration have been granted. For Hindus, Buddhists, Sikhs and Jains the requirement is confined by section 57 to wills made within the territories which were, at the relevant time, subject to the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and to wills made elsewhere in so far as they relate to immovable property situated within those territories.
The consequence for Kolkata is direct, and it surprises families who have taken advice elsewhere in India. A will of a Hindu testator made in the town of Calcutta, or a will made anywhere that deals with immovable property in the town of Calcutta, must be probated before anything can be claimed under it. A will covering property in a district outside those limits is in a different position. The first question about any will in this city is therefore where the testator was, and where the property is.
Succession certificate
A succession certificate is granted where a person has died and it is necessary to collect what was owed to him or what he held in the form of securities — bank balances, deposits, shares, debentures, provident fund and similar assets. The application is made to the District Judge within whose jurisdiction the deceased ordinarily resided or, failing that, where any part of the property is found. The court issues notice, hears objections, and grants the certificate on security being furnished.
What the certificate does is protect the person who pays. A bank that pays the holder of a certificate is discharged. What it does not do is decide who is entitled as between the heirs: a certificate is granted on a summary enquiry, and a person who says the shares are wrong must establish that in a suit.
A succession certificate does not deal with immovable property. A person seeking to establish a right to land or a flat requires something else — a declaration of title, a partition, or letters of administration — and an application for a certificate directed at immovable property will not achieve it.
Probate and letters of administration
Probate is the grant of representation to the executor named in a will, certifying the will and the executor’s authority. Letters of administration are granted where there is no executor, or no will. The grant is made by the court exercising testamentary jurisdiction — in Kolkata, the Calcutta High Court within its jurisdiction, and the District Judge elsewhere.
A petition sets out the death, the will, the executor or the persons entitled, and the assets. Citations issue to those who might object. Where nobody objects the matter proceeds in common form. Where a caveat is entered by a person who disputes the will, the proceeding becomes contentious and is numbered and tried as a suit, with evidence on the execution and attestation of the will and on the testator’s capacity — and it becomes a substantial piece of litigation.
Legal heir certificate
This is an administrative document, issued by the local authority — in the districts through the revenue authorities, and by the municipal body within its area — recording who the heirs of a deceased person are. It is used for employment and service benefits, pension, gratuity, insurance and similar purposes.
It is not a determination by a court, it does not decide competing claims, and it is not a substitute for a succession certificate or for probate. Where an institution asks for a “legal heir certificate” in relation to a bank account or a security, what it will ultimately accept is generally a succession certificate.
Which one is needed
| What has to be done | What is needed |
|---|---|
| Collect bank balances, deposits or securities of a person who died without a will | Succession certificate |
| Establish a right under a will | Probate, or letters of administration with the will annexed |
| Administer the whole estate of a person who died without a will | Letters of administration |
| Establish a right to a will’s immovable property in the town of Calcutta, where the testator was a Hindu | Probate is required by section 213 |
| Claim service benefits, pension or gratuity | Legal heir certificate |
| Have a name substituted in the record of rights or the municipal record after a death | Mutation, supported by the appropriate grant or certificate |
| Determine ownership of immovable property as between heirs | A suit — declaration of title, or partition |
After the grant
A grant or a certificate is the beginning of the administrative work, not the end of it. The public record does not correct itself: mutation has to be applied for in the municipal record, in the record of rights, or in both, and the guide to mutation sets out what that involves.
Frequently asked questions
Do I need a succession certificate to transfer my father’s flat to my name?
No. A succession certificate deals with debts and securities, not immovable property. Depending on whether there was a will and where the property lies, what is required is probate, letters of administration, or a suit, followed by mutation.
Is probate always necessary for a will?
No. It is necessary where section 213 requires it — which for Hindus includes a will made within the ordinary original civil jurisdiction of the Calcutta High Court, and a will made elsewhere so far as it relates to immovable property within those limits.
How long does a succession certificate take?
It depends on service of the citations, whether anyone objects, and the court’s list. An uncontested application and a contested one are entirely different proceedings.
Can a will be challenged after probate is granted?
A person who wishes to oppose a will should enter a caveat, which converts the proceeding into a contentious one to be tried. Setting aside a grant already made is a harder and narrower remedy.
What does a legal heir certificate establish?
It records, for administrative purposes, who the heirs are. It does not determine competing claims and it is not a substitute for a grant from a court.
Which document an estate requires depends on whether there was a will, where the testator was domiciled, where the property is situated, and the personal law applicable. This page describes the general position and is not advice on any particular estate.