What is the cost of probate a will in India?
Asked by: Fay Strosin | Last update: December 11, 2025Score: 4.5/5 (49 votes)
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.
How much does it cost to probate a will in India?
In Maharashtra, for example, a court fee of `25 is payable for assets less than `50,000; 4% for assets between `50,000-2 lakh, and 7.5% for assets over `2 lakh. There is a ceiling of `75,000. Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.
How long does it take to probate a will in India?
The process takes about 1 year time if all the required documents are produced along with the application. If any one of the legal heirs contests the case, then it might take more time. A petition for probate must be filed in court along with the will in question.
Is it mandatory to probate a 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.
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.
Probate in India | What, When, How | Process to Obtain a Probate
Can I make a will without a lawyer in India?
Yes, it is possible to make a will without a lawyer in India. However, seeking legal advice is advisable to ensure the will complies with all legal requirements. Legal professionals can guide individuals through the process, ensuring the will is clear, valid, and effectively reflects the testator's intentions.
How much do most lawyers charge for a will?
It's very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. The low end for a simple lawyer-drafted will is around $300. A price of closer to $1,000 is more common, and it's not unusual to find a $1,200 price tag.
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.
Can a beneficiary be an executor of a will in India?
Criteria to Appoint an Executor
The executor appointed may be either a beneficiary to the will or a third person(in case a dispute seems likely). It shall be made known to the executor that he/she shall be liable for any errors or mistakes even if the same has been executed in good faith.
Can a will be challenged after probate in India?
Ans4. Yes, a will can be challenged even after probate is granted, but the process becomes more complex. The person contesting the will must present compelling evidence to invalidate the probate and demonstrate the existence of legal grounds for their claim.
How long is a registered Will valid in India?
There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.
How long is a Will valid after death?
A will remains legally valid throughout the entire probate process, however long it takes. There is no expiration date on probating a will after someone passes away. The will continues to act as the guiding document for settling the estate until probate concludes and assets are distributed to beneficiaries.
How to file probate of Will in India?
- The executor of the will is required to file a petition and the original will to the court for grant of probate. ...
- The executor will have to pay the applicable court fees depending upon the value of the assets.
- The petition must be filed before a competent court.
What is the time limit for probate of will 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.
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].
How much requires probate?
A: The minimum value of an estate for probate will vary by state. However, in California, estates valued at more than $166,250 must enter into the probate process. While estates valued at less than that could still be subject to probate, they are able to use a more simplified transfer process of the estate.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
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 happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
How much does probate cost 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.
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.
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.
What is the cheapest way to make a legal will?
On the more affordable end, making a simple will could cost less than $100 if you use an online will provider. If you choose to hire a lawyer to write your will, it could cost several hundred dollars, at minimum.
What type of lawyer is best for wills?
An estate planning attorney specializes in helping individuals and families create legal documents and strategies to manage their assets, plan for inheritance, and minimize taxes after death.
What is better, a will or a trust?
Flexibility and control: Trusts provide more flexibility and control than wills. A will declares who you want to receive specific assets, and you have limited control over when the beneficiary receives them due to the probate process.