Legal Heir Certificate vs Succession Certificate vs Probate: Which One Does Your Family Need?
Last reviewed: October 2026 · Reviewed by the Propresolve legal team
Short answer: A legal heir certificate names the heirs of a person who died and is issued by a local revenue office. A succession certificate is a court order to collect bank deposits, shares and other debts and securities when there is no will. Probate is a court’s confirmation that a will is genuine; since December 2025 it is optional everywhere in India. Which one you need depends on two things: is there a will, and what is the asset?
Which document does your family need? Answer three questions and get the full document list on WhatsApp. Use the document finder or message us on WhatsApp.
Key facts
- Legal heir certificate: issued by the revenue authority (Tahsildar or equivalent); no court case; used for pensions, dues, utilities and records.
- Heirship certificate (Maharashtra): issued by a civil court under Bombay Regulation VIII of 1827; Maharashtra’s route for formally declaring heirs.
- Succession certificate: issued by a civil court under Part X of the Indian Succession Act, 1925; covers debts and securities, not land or flats.
- Probate: granted by a court to the executor named in a will; optional since section 213 was removed on 20 December 2025.
- Letters of administration: a court grant to an administrator when there is no will, or no executor.
- A nominee is not the owner: a nominee generally holds the asset for the legal heirs.
The three documents side by side
| Legal heir certificate | Succession certificate | Probate | |
|---|---|---|---|
| What it proves | Who the legal heirs are | Who may collect debts and securities of the person who died | That the will is genuine and the executor may act |
| Issued by | Local revenue office (varies by state) | Civil court | Civil court or High Court |
| Will needed? | No | Used when there is no will | Yes |
| Covers | Pension, employer dues, utilities, small claims; supports record updates | Bank deposits, shares, mutual funds, debentures | Everything the will covers, including property |
| Court process? | No | Yes, with public notice | Yes, with notice to heirs |
| Typical effort | Lowest | Medium | Highest |
Which one do you need? Start here
| If… | You likely need |
|---|---|
| There is a will and the family agrees | Often nothing from court. Probate is optional, but some societies and banks still ask for it. |
| There is a will and someone disputes it | Probate |
| No will; asset is a bank deposit, shares or mutual funds | Succession certificate, unless the institution settles it through its own claim process |
| No will; claim is a pension, employer dues or a utility or tax transfer | Legal heir certificate |
| No will; asset is a flat or land | Legal heir certificate (or the state’s equivalent) plus release deeds if some heirs give up their share |
| No will and heirs disagree | Letters of administration, or a civil suit |
| Executor or heirs live abroad | Same documents; papers signed abroad and attested, with a POA holder in India |
Which document does your family need?
Tell us about the will, the asset, the city and where you live. We send the exact documents for your case on WhatsApp.
Legal heir certificate in detail
A legal heir certificate identifies the surviving family members of a person who died. It is issued by the revenue authority after a local enquiry, without a court case. It is the document most often asked for by employers, pension offices, electricity and water boards, municipal tax offices and, for smaller amounts, banks.
What it is not: it does not decide ownership shares in a disputed property, and fund houses and share registrars often want a succession certificate for larger holdings.
Who issues it, by state
| State | What it is called | Typically issued by |
|---|---|---|
| Maharashtra (Mumbai, Pune) | Heirship certificate | Civil court, under Bombay Regulation VIII of 1827 |
| Tamil Nadu (Chennai) | Legal heir certificate | Tahsildar |
| Karnataka (Bengaluru) | Surviving family member certificate | Tahsildar |
| Telangana (Hyderabad) | Family member certificate | Revenue office (MRO), via MeeSeva |
| Kerala (Kochi) | Legal heir certificate | Revenue authority (Village Officer / Tahsildar) |
Names and issuing offices change from time to time, so confirm the current route with the local office before applying.
Documents usually needed
- Death certificate
- Proof of relationship for each heir (birth certificates, passports, marriage certificate)
- Address proof of the person who died
- Affidavit listing all legal heirs; consent affidavits from heirs abroad (attested)
- Application form for the state’s revenue portal or office
Succession certificate in detail
A succession certificate is granted by a civil court under Part X of the Indian Succession Act, 1925. It authorises the holder to collect debts and securities owed to the person who died: fixed deposits, savings balances, shares, debentures, mutual funds and similar. The court publishes a notice so anyone can object before it is granted, and court fee is payable on the value of the debts and securities covered.
What it is not: it does not transfer a flat or land. For property, families use the will, a legal heir or heirship certificate, release deeds or letters of administration. See our page on the succession certificate in Mumbai.
Probate and letters of administration in detail
Probate is the court’s confirmation that a will is genuine, granted to the executor named in it. Letters of administration do the same job when there is no executor, or no will at all. Since section 213 of the Indian Succession Act was removed on 20 December 2025, probate is optional everywhere, including Mumbai, Chennai and Kolkata. It remains the strongest route for high-value property, foreign wills and family disputes. Read more on probate in Mumbai for NRIs and why probate is no longer mandatory in Mumbai.
Release deed: putting property in one heir’s name
When several heirs inherit a flat but agree that one should own it, the others sign a release (relinquishment) deed. It must be stamped and registered in the state where the property is. Heirs abroad can sign through a specific POA or execute the deed abroad, followed by attestation and stamping in India. Stamp duty on a release in favour of close family is usually concessional, but rates vary by state.
What NRIs need to know
- You can usually start from abroad. Affidavits, consents and NOCs can be signed before the Indian Consulate, or a notary with attestation or apostille.
- One person in India helps. A family member or POA holder can attend the revenue office or court.
- Get every heir’s consent at the start. One unsigned consent from abroad is the most common cause of delay.
- Check what the institution actually wants. Ask the society, bank or fund house in writing before applying for anything.
How Propresolve helps
Most families lose months by applying for the wrong document. We start by finding the right one, then handle it end to end while you stay abroad.
- 20-minute review: tell us about the will (if any), the assets and where the heirs live. We confirm which document you need, or whether you need any at all.
- One plan for the whole family: a checklist for each heir, with signing and attestation steps for their country.
- Drafting: applications, affidavits, consent letters, release deeds and specific POAs, in the format the local office or court accepts.
- Filing and follow-up: our panel advocate or local representative files with the revenue office or court, attends hearings and handles queries.
- Bringing heirs together: we coordinate consents from siblings in different countries, the most common cause of delay.
- Finishing the job: society transfer, bank and fund house claims, and land record updates once the certificate or grant is issued.
| Document | What Propresolve handles |
|---|---|
| Legal heir / heirship certificate | Application or court petition, heirs’ affidavits, follow-up with the revenue office or court |
| Succession certificate | Court petition, asset schedule, notice and hearings, claims with banks and fund houses |
| Probate / letters of administration | Petition, witness affidavit, notices, hearings, post-grant transfers |
| Release deed | Drafting, stamping, registration (heirs can sign abroad or via POA) |
Not sure which document applies to you? See all our NRI services for Mumbai property, or book a 20-minute review and we will tell you exactly what your family needs.
Mistakes that delay NRI families by months
| Mistake | What happens | Fix |
|---|---|---|
| Legal heir certificate used for a large share transfer | Registrar or fund house rejects it | Ask first; large holdings often need a succession certificate |
| One heir abroad does not sign | Application stalls | Collect all attested consents up front |
| Succession certificate applied for to transfer a flat | It does not cover property | Heirship certificate, release deed and record update |
| Assuming probate is still compulsory | Months spent on a process you may not need | Check what the society or bank requires |
| Treating the nominee as the owner | Other heirs challenge later | Release deeds or written consents. See nominee vs legal heir |
Frequently Asked Questions
Is a legal heir certificate the same as a succession certificate?
No. A legal heir certificate is issued by a local revenue office and identifies the heirs. A succession certificate is a civil court order allowing a person to collect debts and securities, such as bank deposits and shares, belonging to someone who died without a will.
Which document do I need for my parent’s flat in India?
With a will, the society or land office usually works from the will, sometimes asking for probate. Without a will, you typically need a legal heir certificate (in Maharashtra, a court heirship certificate) plus release deeds from heirs who give up their share.
Do I need a succession certificate if there is a nominee?
Not always for the bank to release the money, because banks can pay a nominee. But the nominee usually holds the money for all legal heirs, so the other heirs may still claim their share.
Can an NRI apply for a legal heir certificate from abroad?
Usually yes, through a family member or POA holder in India. Heirs abroad sign affidavits or consent letters before the Indian Consulate, or a notary with attestation or apostille. The issuing office and process vary by state.
Is probate still compulsory anywhere in India?
No. Section 213 of the Indian Succession Act was removed on 20 December 2025, so probate is optional everywhere, including Mumbai, Chennai and Kolkata. Societies, banks and buyers may still ask for it.
What is letters of administration?
A court grant appointing an administrator to manage the estate of someone who died without a will, or whose will names no executor willing or able to act. It works like probate, but the administrator is chosen by the court.
Can one heir get the property transferred to their name?
Yes, if the other heirs give up their share through a registered release (relinquishment) deed. Heirs abroad can sign the deed abroad, or through a POA holder, and it is then registered in India.
How long does a succession certificate take?
An uncontested application usually takes several months, because the court publishes a notice and waits for objections before granting it. Complete, attested consents from all heirs help avoid delays.
Get your family’s document list. Book a 20-minute review, or send us the details on WhatsApp. We work UAE hours. Use the document finder or message us on WhatsApp.
Sources
- India Code: Indian Succession Act, 1925
- SCC Online: omission of section 213 by the Repealing and Amending Act, 2025
General information, not legal advice. As per the rules of the Bar Council of India, this is not a solicitation.
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