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How long does probate of a will take in India?

How long does probate of a will take in India?

08-Nov-2025

Wills & Trusts

Answer By law4u team

What is Probate of a Will? Probate is the legal process by which a will is authenticated and approved by a court so that the executor named in the will can lawfully administer the deceased’s estate. Probate confirms the validity of the will and grants authority to the executor. Time Taken for Probate in India The time required to obtain probate in India varies significantly based on factors like jurisdiction, court workload, complexity of the will, and whether there are any disputes or objections. Here is a general overview: 1. Typical Time Frame Probate can take anywhere from 6 months to 2 years or more in India. On average, in straightforward uncontested cases, probate may take about 9 to 12 months. Complex cases, disputes, or objections can cause considerable delays. 2. Factors Influencing Time Jurisdiction: Probate courts differ state-wise; metropolitan courts may be busier, causing delays. Court Backlog: A significant factor—some courts have heavy caseloads leading to prolonged processing. Completeness of Documents: Properly prepared petitions and supporting documents speed up the process. Objections or Contests: If any heirs or interested parties contest the will, probate proceedings can be delayed indefinitely. Nature of Estate: Large or complicated estates may require more scrutiny. 3. Procedural Steps Impacting Duration Filing of the probate petition. Notice publication to invite objections (usually 30 days). Hearing before the judge. Submission of affidavits, proof of will execution, and other documents. Court order granting probate. Each stage takes time, and any backlog or need for additional documentation can extend it. Legal Framework Probate is generally governed by the Indian Succession Act, 1925, which provides for probate procedures. Some states have their own rules or courts for probate (e.g., the Bombay High Court, Madras High Court). Probate is mandatory for wills executed outside India or in certain jurisdictions. Alternative: Letters of Administration with Will Annexed If probate is delayed or not sought, in some cases, executors can apply for Letters of Administration with the Will Annexed, which also grant authority to administer the estate but might take longer or be contested. Summary Probate of a will in India typically takes 6 months to 2 years, averaging around 9-12 months in straightforward cases. Time depends on court backlog, document readiness, and whether there are any objections. The process involves filing a petition, inviting objections, hearings, and court approval. It’s advisable to consult a lawyer for smooth preparation and to expedite proceedings.

Answer By Ayantika Mondal

Dear Client, The time that a Will takes to be probated in India may take a great deal of time depending on how complex the estate is and whether the Will is being challenged. Approximate duration for probation of will: • Uncontested: 6 to 12 months • Contested: 12 months through to 2 years or more In most cases when all the paper work is in place and the legal heirs have no disagreements between them; the process of the case usually takes between 6 and 12 months. The major factors that may either speed-up or slow down the process are: Contested vs. Uncontested: This is the most significant one. When a legal heir, or other interested party, makes an objection against the Will (a disputed case), the case leaves a routine court process and becomes a full-blown legal action that proceeds to take several years to hear and decide depending upon the workload of the court. Court Backlog: The delay can be caused by the efficiency and the workload of the individual court (District Court or High Court) in which the probate petition was applied to. Complexity of the Estate: A complex or complicated estate, one with a number of properties or many jurisdictions will in itself take longer to value and administer compared to a simple estate which only has a few properties. Efficiency of the Executor: The speed is highly influenced by the competence and hard work of the executor mentioned in the Will as to assembling papers, meeting court fees and answering questions of the court. Public Notice Period: The court must give public notices of inviting objections. This is a notice period that typically takes some weeks (mostly 30 days) making it an obligatory component of the procedure. 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, In India, the timeline for obtaining probate for a will can take anywhere from 6 months to 2 years, depending on a number of factors. Probate is the process initiated in the court that leads to the validation of the will and allows the executor to take control of the estate. The factors which may affect the timeline include: 1. Judicial Jurisdiction: In Mumbai, Chennai and Kolkata it is a prerequisite to obtain probate for wills regarding immovable property. All courts in those cities have a heavier caseload involving probate. 2. Notice to the Public: When the probate tribunal receives the will it usually issues a notice to the public inviting objections to the verification. For this reason, the notice period typically requires at least 6-8 weeks. 3. Objections: If there are any objections to the will by legal heirs or others, this will turn the probate into a contested case which requires anywhere from 1-2 years or more to resolve. 4. Evidence: The court may be required to examine the attesting witnesses, the property documents, or sound information regarding the valuation of the estate. Any delays in the production of documents will extend this timeline. 5. Judicial Workload: Essentially, the probate petitions will be processed quicker by courts that have less congestion, and vice versa in the metropolitan court. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.