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.

Dear Client, If someone leaves a valid will in India, obtaining a succession certificate is not necessary. Consequently, a probate of the will is needed which is a court-approved confirmation that the will is valid and represents the authority of the executor. When Probate is needed? The will is to be executed in the cities of Mumbai, Chennai, or Kolkata, where probate is mandatory for wills concerning immovable property. Problems have been raised by heirs or the executor thinks the will isn’t valid. If an asset is in a country that needs probate to be recognized, it belongs to the will. After the court gives probate, the validity of the will and the executor’s rights are proven, so a succession certificate is not required. Conclusion Usually, a valid will replaces the need for a succession certificate, but there are situations, mainly handling moveable assets or for institutions, where one is required. To learn what processes are required to transfer your assets, you should consult with a legal professional. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Dear Client, If someone leaves a valid will in India, obtaining a succession certificate is not necessary. Consequently, a probate of the will is needed which is a court-approved confirmation that the will is valid and represents the authority of the executor. When Probate is needed? The will is to be executed in the cities of Mumbai, Chennai, or Kolkata, where probate is mandatory for wills concerning immovable property. Problems have been raised by heirs or the executor thinks the will isn’t valid. If an asset is in a country that needs probate to be recognized, it belongs to the will. After the court gives probate, the validity of the will and the executor’s rights are proven, so a succession certificate is not required. Conclusion Usually, a valid will replaces the need for a succession certificate, but there are situations, mainly handling moveable assets or for institutions, where one is required. To learn what processes are required to transfer your assets, you should consult with a legal professional. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.