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What documents are needed for probate of a will?

What documents are needed for probate of a will?

05-Nov-2025

Wills & Trusts

Answer By law4u team

To apply for probate of a will in India, you need to submit several important documents to the court. These documents help establish the authenticity of the will and the legal authority of the executor to administer the estate. Common Documents Required for Probate of a Will: 1. Original Will The duly signed and attested original will of the deceased. 2. Death Certificate Official death certificate of the testator (person who made the will). 3. Application/Petition for Probate A formal petition filed by the executor or legal heir requesting the court to grant probate. 4. Affidavit by the Executor An affidavit stating that the will is genuine and the executor is willing to act. 5. Proof of Identity and Address of the Executor Documents like Aadhaar card, passport, voter ID, or driving license. 6. Succession Certificate (if applicable) Sometimes required to prove the right to inherit, depending on local court rules. 7. No Objection Certificates (NOCs) or Affidavits from Other Heirs Declaration from other legal heirs stating they have no objection to the probate. 8. Inventory of the Assets List of properties and assets covered under the will. 9. Other Supporting Documents Any other relevant documents like sale deeds, property documents, bank statements related to the deceased. Additional Notes: The court may also require attesting witnesses to the will to appear and testify if needed. The specific list of documents can vary depending on the jurisdiction of the court. Summary: To apply for probate of a will, you generally need: Original will, Death certificate, Probate petition, Executor’s affidavit, ID and address proof of executor, No objection certificates from heirs, Inventory of assets, Other relevant documents.

Answer By Ayantika Mondal

Dear Client, The details of documents needed may vary depending on the jurisdiction (country, state, or province) and complexity of the estate. The principal documents, however, you are sure to need in probating a will are the following: The Core Four Documents Original Last Will and Testament: The original document should be prepared in the court and it has to be signed and not a copy (unless the original is lost and matters get worse still). Certified Death Certificate: This is the legal evidences that the person (the testator) is deceased. Multiple certified copies are also prudent since banks, transfer agents and other financial institutions may require one. Application/Probate Petition: It is the official report which is filed in the court asking them to: • Validate the Will. • Choose the Executor (in the Will called on to manage the estate). The applicant of the probate will be expected to present the government issued documents like passport or driver license. Other Supporting Important Documents. Witness Affidavits: Witness Witnesses Witness affidavits are made by the witnesses who saw the original Will, and which bear the testimony that they saw the testator sign the Will, and that they are in their right minds. Inventory and Valuation of Assets: Detailed list of all the property (real estate, bank accounts, investments among others) of the deceased person and their estimated fair market value. This is normally needed to calculate the court filing fees or calculate the estate taxes. List of Legal Heirs/Beneficiaries: a comprehensive list of all individuals named in the Will (and even not named occasionally but nearest family/relatives that will inherit in case of no Will). Paper work in relation to Assets: Photocopies of property deeds, bank statements and investment certificates and any title to vehicle to prove ownership and value. Evidence of Debts and Liabilities: A list of the unpaid bills, loans, mortgages or taxes payable by the deceased. The Executor Oath: This is an oath of the Executor that he will dispose of the estate without prejudice to the law and the Will. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you

Answer By Anik

Dear Client, Will is a final testament that specifies the testator's intention with regard to the distribution of assets after his death. Probate as defined under the Indian Succession Act, 1925 is a copy of will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. In simple words probate means that the court will grant power to the executors of the will to administer and distribute the assets of the deceased person as stated in the will. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. Legal Documents Required for Probate of Will In India, the requirement of probate of a will depends on the jurisdiction and the specific laws of each state. However the following are the four essential documents that are required for the grant of probate. 1. Original will : It is important that the original will that is signed by the testator shall be submitted in the Court for the grant of probate by the applicant. If the original will is lost or destroyed then it would be a serious issue, in which case the applicant should prove that despite the deliberate attempts, the applicant couldn't retrieve the same. 2. Certified Death Certificate: This is essential as it proves that the testator is deceased. Copies of the same are essential to be produced to the court. 3. Application for Probate: An application for probate should be filed by the applicant who is the executor of the will. 4. Identity proof of the applicant: The applicant necessarily should submit any identity proof including an Aadhaar card to prove his identity as the executor. Apart from these documents it is important that the applicant submits the Witness Affidavit that would testify the authenticity of the will, List of Legal Heirs or Beneficiaries , Inventory and valuation of Assets and also the Executor's oath declaring that he will administer the estate of the testator as per the will. I hope this answer was helpful. For any further queries please do not hesitate to contact us.