Industry Odisha Bureau, Aug 5: Representing a progressive leap in the evolution of Indian inheritance law, ‘Probate of Will’ is now reportedly no longer mandatory following the omission of ‘Section 213’ of the ‘Indian Succession Act, 1925’.”
Notably, “The Indian Succession Act, 1925 has long governed the law relating to wills, probate, and succession in India. For nearly a century, Section 213 stood as a significant procedural gatekeeper, mandating that no right under a will could be established in any court unless probate or letters of administration were first obtained.”
As per media reports, “Since the ‘Repealing and Amending Act, 2025’, received the President’s assent on December 20, 2025, the Act repeals 71 outdated laws and provisions, and includes the omission of ‘Section 213’ of the ‘Indian Succession Act, 1925’, which had forced families to approach a court before they could act on a will. This law also ends the practice in Mumbai, Chennai and Kolkata, where probate was mandatory for decades.”
As per the Law of the Land, “Probate is the court process that proves a will is valid and authorises the executor to manage and distribute the deceased’s estate. It results in an official court document—often called a ‘Grant of Probate’ or ‘Letters Probate’—confirming the executor’s legal authority to deal with assets such as bank accounts and real property. Derived from the Latin term ‘probare’ that means ‘to prove or test’, the word ‘Probate’ refers to proving a will’s validity.”
Reportedly, Probate is required “when a real estate is owned solely by the deceased”, “when bank or investment accounts exceed institutional thresholds”, “assets without designated beneficiaries”, for examples: Registered Retirement Savings Plan (RRSP, Life Insurance), and “when third parties require proof of authority before releasing funds”.
On the other hand, legal reports have also stated that, ‘Probate’ may not be needed when “there are jointly held assets with right of survivorship”, “accounts or policies with named beneficiaries”, and “small estates where institutions accept alternative proof”.
Legal experts have also reportedly stated that, “If someone dies intestate (without a valid will), the court appoints an administrator through a ‘Grant of Administration’, giving similar authority to manage and distribute the estate under intestacy laws. Thus, ‘Probate’ is a foundational legal process ensuring estates are administered according to verified wills or statutory rules.”
