How can I avoid probate in India?
Asked by: Mr. Alejandrin Armstrong III | Last update: January 4, 2026Score: 4.7/5 (63 votes)
How can I avoid probate in India? One way to avoid probate is to have a living trust. A living trust is a trust that is created while the person is still alive. When the person dies, the assets in the trust are distributed to the beneficiaries of the trust without the need for probate.
Can property be transferred without probate in India?
Immovable properties cannot be transferred based solely on a Will without obtaining probate. The executor''''s authority to transfer property is contingent upon the grant of probate [Mohamed Salman Noorani VS Radhika Bhargava - Bombay][Nagubai Ammal VS B. Snama Rao - Supreme Court].
Which of the following is a commonly used way to avoid probate?
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee. When the trust owner dies, the trustee will divide the assets outside of probate.
Is it mandatory to probate a registered Will in India?
A probate is a copy of the Will that has been certified through a legal process. This is a post-demise process that involves determining the authenticity of the Will in a court of law. Probate is not mandatory for all Wills. It becomes compulsory in a few situations, some of which are detailed later in this article.
Can a Will be executed without probate in India?
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
Is it mandatory to get will probated?- Property hotline
How to avoid probate in India?
How to Avoid Probate? There are a few ways to avoid probate in India: Hold assets in joint tenancy with right of survivorship: This means that when one joint tenant dies, the surviving joint tenant automatically becomes the owner of the asset.
What is the time limit for probate in India?
Accordingly, the Court held that the only consistent view was that the right to apply for a probate was a continuing right and the application must be made within three years of the time when the right to apply accrued.
How much does it cost to probate a will in India?
All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1. 50 lakh depending upon the advocate and complications involved in your probate work.
Does a notarized will need to be probated?
A notarized will does not need to be probated. WHY PROBATE A WILL THAT IS NOT NOTARIZED? When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court.
Who inherits property if no will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
Why do people want to avoid probate?
If the will is contested, litigation costs can be insurmountable. By avoiding probate, you can also keep someone from contesting your wishes altogether. Finally, one of the biggest reasons individuals avoid probate is because they want their financial affairs kept private.
Which of the following assets do not go through probate?
Additional assets that don't need to go through probate include: Retirement accounts, like IRA's and 401(k), that have a named beneficiary(ies) Any property held in a living trust.
How long do you have to transfer property after death?
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
Who is the owner of the property after father death in India?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
Can executor sell property without all beneficiaries approving in India?
An executor can sell estate property without all the beneficiaries approving. However, there are some important caveats to consider. Their power is not unrestricted.
What is the time limit for property transfer after death in India?
What is the time limit for property transfer after death? According to the Limitation Act of 1963, legal heirs must file a claim for the property within 90 days of the father's death. However, while the claim must be made within 90 days, the settlement and property transfer can extend for long, taking several months.
Can I sell my deceased parents' house without probate?
You can only sell before probate when probate isn't required in the first place. As often, whether a deceased person's house can be sold before probate will depend on whether they planned for it or not. If the deceased person placed the property in a living trust during their lifetime, then probate can be avoided.
What are the disadvantages of the probate process?
- Time-Consuming Process. Delays in Asset Distribution: Probate can be time-consuming, causing delays in asset distribution, which may not be ideal for heirs in need of quick access to funds. ...
- High Costs and Fees. ...
- Lack of Privacy. ...
- Potential for Family Conflict.
Do I need probate if I am the sole beneficiary after?
Designating a person dies a beneficiary for accounts like insurance policies, retirement accounts, and bank accounts enables these assets to be directly passed on to the designated beneficiary, eliminating the need for probate.
Is probate mandatory in India?
(a) For Wills executed by Hindus within the jurisdiction of the High Courts of Bombay, Madras, or Calcutta. (b) For Wills executed by Hindus outside these jurisdictions if the Will pertains to immovable property located within these three regions. In all other cases, obtaining probate is not mandatory.
How much does a lawyer charge to write a will in India?
Drafting a Will through a lawyer covers the majority of the monetary costs of making a Will. Drafting a Will generally costs around Rs. 10,000/- to Rs. 15,000/- by an experienced legal practitioner, a young legal practitioner can draft the same with costs anywhere between Rs.
What is the time limit for probate of will in India?
The Supreme Court has in various cases held that there is a time limit of 3 years to apply for a probate (court process to declare the validity of a will) of a will from the date legal heirs face an issue in executing the document or the will is disputed.
What is the shortest time for probate?
In some cases, the probate process in California can take as little as nine months, but that is rare. It typically takes anywhere from half a year to eighteen months, and complicated cases may take as long as two years or more. However, having an idea of how long a case may take helps you understand the process.
Is there a time limit for heirs?
Chedda says if the rightful legal heir of an immovable property does not make any claim within the prescribed 12 years, the person who is in possession of the immovable property - i.e., the possessory owner - will acquire right and interest in the immovable property.
Is probate necessary for a registered will in India?
A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, probate is optional.