Saving Mantra Blog: Step-by-Step Process for Obtaining Probate for NRI in India
When a Non-Resident Indian (NRI) inherits assets in India through a Will, they may need a Probate to legally establish the Will’s authenticity and gain authority to manage, transfer, or sell assets. Probate becomes especially important for immovable property, bank accounts, and securities located in India.
This Saving Mantra guide explains the eligibility, documents, court process, timelines, and common mistakes, to help NRIs navigate the legal system smoothly.
⭐ What is Probate in India?
Probate is a legal certificate issued by an Indian court confirming that:
✔ The Will is genuine
✔ The executor named can administer the estate
✔ The Will has legal effect
It is governed under the Indian Succession Act, 1925 and is mandatory in certain jurisdictions and situations.
⭐ When is Probate Required for NRIs?
Probate may be required when:
- The deceased owned immovable property (house/land) in India
- Banks demand probate for releasing funds
- Registrar requires probate for property transfer
- Shares/mutual funds need transmission
- There are disputes among heirs
- Will was executed in cities where probate is compulsory such as:
Mumbai, Chennai, and Kolkata (Presidency Towns)
⭐ Who Can Apply for Probate?
- The Executor named in the Will
- If no executor is named, a Legal Heir may apply for Letters of Administration
NRIs can apply through:
- Power of Attorney (PoA) Holder in India, or
- Direct appearance (limited stay in India)
⭐ Step-by-Step Process for Obtaining Probate for NRI in India
Step 1: Collect Required Documents
Basic documents include:
✔ Original Will
✔ Death Certificate of the testator
✔ Identity proof of executor/legal heirs
✔ Proof of assets (property papers, bank details, shares, etc.)
✔ Relationship proof (Passport, Birth/Marriage certificate)
✔ Address proof of executor/heirs
✔ NRI status proof (Passport + Visa + OCI/PIO if applicable)
Step 2: Engage an Indian Advocate
NRIs should appoint an Indian advocate experienced in:
- Probate matters
- Family succession
- NRI property laws
If NRI is overseas, lawyer will prepare PoA for local execution.
Step 3: Execute and Attest a Power of Attorney (If Abroad)
If applying from abroad:
- Lawyer drafts PoA
- NRI signs before:
- Indian Consulate/Embassy, or
- Notary Public + Apostille (Hague countries)
- Send attested PoA to India
- PoA is adjudicated in India (if required)
Step 4: Filing of Probate Petition in Indian Court
The advocate files a Probate Petition in the District or High Court having jurisdiction.
Petition includes:
- Copy of Will
- Death certificate
- Executor details
- List of legal heirs
- Asset statements
Court fees apply (vary by State & asset value).
Step 5: Issue of Citation & Notices
Court issues:
✔ Citations to legal heirs
✔ Public notice in a newspaper inviting objections
If no objections are filed within specified time, the case proceeds uncontested.
Step 6: Court Hearings & Evidence Submission
Court verifies:
- Validity of Will
- Capacity and signature of testator
- Witness testimony (if required)
Witnesses may appear physically or via video conferencing, depending on court permissions.
Step 7: Probate Order Issuance
If court is satisfied, it issues:
✔ Probate Certificate with the sealed Will
✔ Authority to executor to manage assets
Step 8: Asset Transfer & Execution of Estate
Once probate is granted:
- Property can be transferred in the name of heirs
- Bank accounts/fixed deposits can be closed
- Shares & mutual funds can be transmitted
- Property can be sold if desired
Executor must distribute assets as per Will terms.
⭐ Key Documents Required for Probate (NRI Checklist)
- Original Will
- Death Certificate
- Passport of deceased & heirs
- NRI Passport & Visa/OCI
- Address proof (India/abroad)
- POA (if applicable)
- Property & financial asset proofs
- No Objection Certificates (optional for smooth process)
⭐ Timeline for Obtaining Probate
Timelines depend on objections & court workload:
| Case Type | Approx Timeline |
|---|---|
| Uncontested probate | 6–12 months |
| Contested probate | 1–3+ years |
⭐ Probate Court Fees in India
State-specific court fees applicable:
- Some states charge fixed fees (nominal)
- Others charge percentage on asset value
- High-value property can trigger higher stamp duty
⭐ Common Mistakes NRIs Should Avoid
❌ Not keeping the original Will
❌ Will without signatures or witnesses
❌ No PoA for Indian representation
❌ Assuming probate isn’t needed in India
❌ Not updating NRI contact and passport details
❌ Expecting asset transfer without court order
⭐ Can NRIs Avoid Probate?
In some cases, yes — by using alternatives such as:
✔ Joint ownership with survivorship clause
✔ Nomination in bank accounts & securities
✔ Living trust (advanced planning)
However, for Will-based transfers, probate may still be required.
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Probate laws, court fees, and procedures vary by state and may change. Readers should verify details with a qualified lawyer or competent authority before taking action.