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.
Dear Client,
The probate may be quite expensive, and generally is paid by the assets of the property of the deceased person before the rest of the inheritance can be given to the beneficiaries.
The overall price of probate is not unusual in the United States, being between 3% and 10 percent of the value of the estate. There might be a certain filing fee applied in other areas which is normally dependent on the worth of the holdings.
Important Scatterings of Probate Cost
The total price is sum of various different charges and expenses:
Court Fees
These are the compulsory fees one has to pay to the probate court to process the case.
Filing Fees: The first fee to apply to the court to commence with the probate process. This is occasionally on a scale-based system with regards to the size of the estate.
Certified Copies: Costs incurred to get official court documents such as the Letters of Testamentary that grant the executor the right to transact business in place of the estate.
Legal and Professional Fees
These are the major component of the overall cost.
Attorney Fees: An attorney can be contracted to take the executor through the complicated legal procedure.
There are a number of ways through which fees can be set:
Hourly rate: on a time spent on the case.
Flat Fee: A set fee on the whole process.
Statutory Fee: In other states, the fee is a specified percentage of the value of the estate that can incur high expenses even on a straightforward case on a high-valued asset such as a house.
Accounting/Tax Fees: Expenses incurred to hire accountants to work on complicated business matters, create the final tax filing of the deceased, or pay estate taxes.
Appraisal Fees: Expenses related to professional appraisers to establish the fair market value of assets such as real estate, collectibles, or business interests.
Executor Compensation
The executor (Representative) is justified to receive compensation on the time and effort expended in the administration of the estate.
Executor Fees: This is a fee regulated by the state or even specified in the will. It may be a fixed percentage of the value of the estate or a reasonable amount the court fixed due to the amount of work.
Surety Bond: The court in most instances will demand the executor to post an insurance policy that is a surety bond to the estate, otherwise the court might mismanage the estate. This bond is subject to estate payment as the premium.
Probable Cost Increasing Factors.
The overall cost is not fixed and it can be significantly raised because of a number of factors:
Estate Size and Complexity: The larger the estate with numerous assets, the more work and the higher the fees should be expected.
Location: The costs may vary widely depending on the state or jurisdiction of the probate laws, procedures and scheduled statutory fees.
Will Contest/Disputes: When a beneficiary or heir challenges the validity of the will or objects to the allocation of assets, the case can easily be litigated which will incur and allow much higher fees and take a longer period.
The Absence of a Will: In case the person died without a will (intestate) or with an old or incoherent or invalid will, the court is required to do additional work to ascertain the rightful heirs which further complicates and increases the costs.
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,
The price for obtaining probate largely depends on the country, state, estate value, and applicable court fees in that state. There are no comparable or similar fees across India, as each state amends the Court Fees Act in a manner specific to its domicile.
The major cost components involved are –
1. Court Fees: This is the fee paid under the Court Fees Act, 1870, as amended by each state. Court fees are typically charged as a percentage of the overall value of the assets referred to in the Will.
Here are some estimates of court fees across India – For Delhi, the capped court fee is of ₹75,000. For Maharashtra, it is also capped at around ₹75,000. For West Bengal and Tamil Nadu, it could be up to 2%–7% of estate value depending on slabs.
2. Legal and Advocate charges: This will depend on the complexities involved, objections filed, and hearings that need to be conducted. It can be charged as little as ₹20,000 or several lakhs, subject to location and advocate experience considerations).
3. Miscellaneous Charges: Documentation, notarization, valuation certificates (with respect to properties), notice publication, etc.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
