Answer By law4u team
In India, a succession certificate is generally not needed if there is a valid will. Instead, a probate of the will is required. Here's the distinction: - Succession Certificate: This is primarily used when a person dies intestate (without a will). It is obtained from a court to give the legal heir the authority to inherit and manage the deceased's movable property like bank accounts, bonds, or shares. - Probate of Will: If there is a will, the legal heirs need to get a probate of the will from a court, particularly under the Indian Succession Act, 1925. This certifies the validity of the will and grants the executor the authority to administer the estate as per the will's instructions. So, if you have a will and you want to claim the property or assets as per the will, you would typically need a probate rather than a succession certificate. However, the need for probate may depend on the type of property and the jurisdiction.
