For NRIs living in the USA, UK, Canada, UAE, Australia, and Europe, probate and succession certificates are among the most confusing aspects of inheriting property or assets in India.

In real-life NRI situations, families often assume:

• “There is a Will, so nothing else is required”

• “All heirs agree, so paperwork can wait”

• “We will sort it out when we sell”

Years later, NRIs discover that banks, societies, buyers, and authorities refuse to recognize ownership without probate or a succession certificate. By then, documents are outdated, family dynamics have changed, and disputes become harder to resolve.

This guide explains what probate and succession certificates are, when they are required, how NRIs should approach them, and what risks arise if ignored.

Why Probate & Succession Certificates Matter for NRIs

Inheritance-related property disputes form a significant portion of civil litigation in India. For NRIs, the risk is amplified due to:

• Physical absence from India

• Multiple heirs spread across countries

• Dependence on relatives or local intermediaries

• Delay in documentation after death

Without probate or succession certificate:

• Property cannot be sold or transferred cleanly

• Banks refuse release of financial assets

• Housing societies do not update ownership

• Future buyers hesitate due to title risk

Probate vs Succession Certificate: First, the Big Picture

These two documents serve different legal purposes and are not interchangeable.

• Probate: Confirms the authenticity of a Will

• Succession Certificate: Establishes legal heirs when there is no Will (or for certain movable assets)

Understanding which one applies is critical.

What Is Probate?

Probate is a court-issued confirmation that a Will is valid and genuine.

Once probate is granted:

• The Will becomes legally enforceable

• Beneficiaries named in the Will can act on it

• The risk of future challenges reduces significantly

Probate does not transfer ownership automatically, but it gives legal authority to implement the Will.

When Is Probate Required in India?

Probate requirements depend on:

• Location of the property

• Type of asset

• Nature of the Will

In many metro cities and specific circumstances, probate is mandatory for:

• Properties located in certain jurisdictions

• Assets held in the name of the deceased requiring court validation

Even where probate is not mandatory, many institutions still insist on probate for safety, especially when heirs are NRIs.

Real-Life NRI Scenario: Probate Delay

An NRI family in the UK inherits an apartment in Mumbai through a Will. All heirs agree. However:

• The housing society demands probate

• The buyer’s lawyer refuses to proceed without it

• The property remains unsold for years

Early probate would have avoided this delay.

What Is a Succession Certificate?

A succession certificate is issued by a civil court when a person dies without leaving a Will.

It:

• Identifies legal heirs

• Authorizes them to collect debts and securities

• Establishes entitlement under applicable succession laws

It is commonly required for:

• Bank balances

• Fixed deposits

• Shares and debentures

• Certain movable assets

For immovable property, it is often used alongside mutation and heirship documents.

When Do NRIs Need a Succession Certificate?

NRIs usually require a succession certificate when:

• There is no Will

• Multiple legal heirs exist

• Banks or institutions demand court validation

• Assets are substantial or disputed

Without it, institutions typically refuse to release assets.

Probate vs Succession Certificate: Key Differences Explained

• Existence of Will

  • Probate: Yes

  • Succession Certificate: No

• Purpose

  • Probate: Validates Will

  • Succession Certificate: Identifies heirs

• Court Involvement

  • Both require court proceedings

• Dispute Protection

  • Probate offers stronger protection

• Applicability

  • Probate: Testamentary succession

  • Succession Certificate: Intestate succession

Choosing the wrong path leads to wasted time and cost.

Step-by-Step Process: Probate for NRIs

Step 1: Locate the Original Will

Courts generally require the original Will. Copies may complicate proceedings.

Step 2: File Probate Petition

Filed in the appropriate court based on:

• Location of property

• Jurisdiction rules

NRIs usually act through Power of Attorney.

Step 3: Court Notices & Verification

The court may:

• Issue public notices

• Notify legal heirs

• Seek objections

This step protects against future disputes.

Step 4: Grant of Probate

Once satisfied, the court grants probate, making the Will executable.

Step-by-Step Process: Succession Certificate for NRIs

Step 1: Identify Legal Heirs

As per applicable personal law (Hindu, Muslim, Christian, etc.).

Step 2: File Succession Petition

Filed in the civil court having jurisdiction over the deceased’s residence or assets.

Step 3: Court Verification

The court:

• Verifies heirship

• Issues public notice

• Reviews objections, if any

Step 4: Grant of Succession Certificate

The certificate authorizes heirs to deal with specified assets.

Practical Challenges NRIs Commonly Face

Multiple Heirs Across Borders

Obtaining affidavits, consents, and documents from heirs in different countries slows down proceedings.

Old or Ambiguous Wills

Handwritten or poorly drafted Wills often trigger objections and delays.

Property Vulnerability During Delay

Untransferred properties are prone to:

• Unauthorized usage

• Encroachment

• Society disputes

Emotional Family Conflicts

Inheritance often reopens unresolved family tensions.

Speak to an NRI Property Expert if probate or succession is pending.

Tax & Compliance Implications

• Probate and succession certificates are not taxable events

• However, delays affect:

  • Capital gains calculation on future sale

  • Repatriation planning

  • DTAA and FTC coordination

Incomplete inheritance documentation can cause problems years later.

Common NRI Mistakes

• Assuming a Will is enough

• Delaying court processes

• Ignoring probate where required

• Relying on informal family arrangements

• Acting only when sale is planned

These mistakes often result in litigation or financial loss.

When NRIs Should Act Immediately

Do not delay if:

• Property is vacant

• Heirs live abroad

• Sale or redevelopment is planned

• Documents are old or unclear

• Family relationships are strained

Early action reduces risk dramatically.

Request a Property Assessment if inherited property records are incomplete.

How NRIWAY Supports NRIs With Probate & Succession Readiness

NRIWAY works as a professional concierge and coordination partner for NRIs managing inheritance-related property matters.

We help with:

• Understanding whether probate or succession certificate is required

• Assessing documentation readiness

• Coordinating with local professionals

• Monitoring progress remotely

• Reducing misuse and compliance risk

We do not provide legal representation or guarantees.
We ensure clarity, structure, and disciplined follow-through.

Get City-Specific Guidance if inherited assets are located in India.

Frequently Asked Questions (FAQs)

Is probate mandatory everywhere in India?

No, but many institutions insist on it for safety.

Can NRIs apply without visiting India?

Yes, through Power of Attorney.

How long does probate or succession take?

From several months to over a year, depending on complexity.

Is succession certificate enough to sell property?

Usually no; mutation and other steps are also required.

What if there is a dispute?

Court proceedings may extend timelines significantly.

Conclusion: Inheritance Needs Legal Validation, Not Assumptions

For NRIs, probate and succession certificates are not optional formalities. They are legal foundations that protect ownership, prevent disputes, and enable future transactions.

Delaying these processes often turns manageable paperwork into prolonged litigation.

NRIWAY supports overseas Indians as a trusted professional concierge, helping them navigate probate and succession complexities in India with clarity, coordination, and long-term asset protection — so family assets remain secure, compliant, and future-ready.