Succession and probate

Probate petition format under the Indian Succession Act

Drafting a petition for probate or letters of administration under the Indian Succession Act, 1925: when probate is mandatory, the contents of the petition, citation and court fee.

A probate petition is an application under Section 276 of the Indian Succession Act, 1925 by the executor named in a will, seeking the court's certification of the will and authority to administer the estate. Where there is no executor, or no will, the equivalent application is for letters of administration. The petition must set out the date of the will and of the testator's death, the testator's ordinary residence, the assets likely to come to the petitioner's hands, and the names of the persons entitled on intestacy, who are cited before the grant is made.

Governed by
  • Sections 213, 222, 276 and Part IX, Indian Succession Act, 1925
  • Section 57 read with Schedule III, Indian Succession Act, 1925, for wills to which the Act applies
  • State court fees legislation
Where it is filed
The District Judge, or the High Court exercising ordinary original civil jurisdiction, within whose jurisdiction the deceased ordinarily resided at death or the property is situated.
Who files it
The executor named in the will (probate), or the person entitled to administer the estate (letters of administration).
Court fee and stamp
Ad valorem on the value of the estate, under the State's court fees legislation.

What a probate petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The court, the petitioner in the capacity of executor or proposed administrator, and the heirs cited as respondents.

  2. 2.The will

    Date of execution, the attesting witnesses, and the original will filed with the petition.

  3. 3.Death of the testator

    Date and place of death, with the death certificate.

  4. 4.Ordinary residence

    The testator's ordinary residence at death and the location of the assets, fixing jurisdiction.

  5. 5.Heirs and citation

    The names, relationships and addresses of the persons who would be entitled on intestacy, to whom citation issues.

  6. 6.Schedule of assets

    The property and assets that will come into the petitioner's hands, with values, on which court fee is computed.

  7. 7.Averments

    That the will is the last will of the testator, that it was duly executed and attested, and that the petitioner has not renounced the executorship.

Mistakes that get this document returned

  • Not filing the original will, or filing a photocopy without explaining the loss of the original.
  • Omitting an heir entitled on intestacy, so citation is incomplete and the grant is vulnerable.
  • Under-stating the estate value, which affects both court fee and the scope of the grant.
  • Not naming and, where required, examining the attesting witnesses.

Frequently asked questions

Is probate mandatory in India?

Not universally. Under Section 213 read with Section 57 of the Indian Succession Act, 1925, probate is required for wills made by Hindus, Buddhists, Sikhs and Jains within the territories of the former Presidency towns of Kolkata, Chennai and Mumbai, or relating to immovable property there. Elsewhere it is optional but frequently obtained.

What is the difference between probate and letters of administration?

Probate is granted to the executor named in the will. Letters of administration are granted where there is no executor, the executor is unwilling or unable to act, or there is no will at all.

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Related formats

Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.