Answer By law4u team
The cost of obtaining a probate of a Will in India depends on several factors - mainly the value of the property or estate, the state where the probate is filed, and the advocate’s professional fees. There is no fixed national rate, because probate falls under the jurisdiction of state laws relating to court fees and stamp duties. Let’s understand this clearly and in detail. Meaning of Probate A probate is a legal certificate issued by a competent court (usually the District Court or High Court) confirming that a Will is genuine and valid. Once granted, it gives the executor or beneficiary the authority to manage, transfer, or distribute the deceased person’s property according to the Will. Probate is governed by the Indian Succession Act, 1925, which still remains in force. The new criminal codes like Bharatiya Nyaya Sanhita (BNS) or BNSS do not deal with probate because it is a civil and testamentary matter, not a criminal one. Components of Probate Cost The total cost usually includes three parts: 1. Court Fee or Stamp Duty Each State in India has its own Court Fees Act and rules prescribing how much stamp duty is payable for a probate petition. The fee is generally calculated as a percentage of the total value of the property mentioned in the Will, subject to a maximum limit. For example: In Maharashtra, court fees for probate are governed by the Bombay Court Fees Act, 1959. The maximum fee is generally ₹75,000 irrespective of estate value. In Delhi, as per the Court Fees Act, 1870, the rate is around 2% to 4% of the estate value, with a maximum limit of ₹3,00,000. In Tamil Nadu, Karnataka, and West Bengal, similar slab-based fees apply, but the rates differ slightly. So, the higher the value of the estate, the higher the court fee, but it cannot exceed the state’s maximum prescribed limit. 2. Advocate’s Fees Probate petitions must be filed through a lawyer in most cases. Legal fees depend on the complexity of the case, whether any objections are filed by legal heirs, and the city where the case is being handled. In simple uncontested cases, professional fees may range between ₹25,000 to ₹75,000. If there are disputes or objections (contentious probate), the fees may rise significantly sometimes up to a few lakhs. 3. Miscellaneous Expenses Costs for valuation reports, affidavits, notarization, publication of notice in newspapers, and certified copies. These usually amount to around ₹5,000–₹15,000 depending on the location and requirements. Example Calculation Suppose a Will covers property worth ₹1 crore located in Delhi: Court fee (approx. 2%): ₹2,00,000 Advocate fee: ₹40,000 Miscellaneous charges: ₹10,000 Total approximate cost: ₹2,50,000 However, if the same property were in Maharashtra, the maximum court fee would be capped at ₹75,000, so the total might be around ₹1,00,000 to ₹1,20,000. Where to File and Why It Matters Probate is mandatory only in certain areas - mainly in Mumbai, Chennai, and Kolkata, and for Christian and Parsi Wills under the Indian Succession Act. For Hindus, Muslims, Sikhs, and others, probate is optional unless the property lies within those territories. Still, obtaining probate is advisable for clear title transfer and to avoid disputes. Important Points 1. The value of the estate directly affects the probate cost. 2. State-specific rules govern the amount of court fee payable. 3. Uncontested probates are cheaper and faster. 4. Contested cases take longer and cost much more. 5. The executor or beneficiary must pay these expenses from the estate of the deceased. Conclusion The cost of probate of a Will in India is not fixed - it depends mainly on the estate’s value and state laws. On average, you can expect total expenses to fall between ₹50,000 to ₹3,00,000, though it can vary widely. The probate process ensures that the Will is legally recognized, giving full authority to deal with the deceased’s property without future complications.