When someone passes away, it’s not always their absence that causes stress. It’s the confusion. The paperwork. The questions about what happens to what they left behind. This guide breaks that down—how Wills work in India, what probate means, and what to do when there’s no Will or no executor. The goal? To remove doubt and make sure intentions are honoured, without delay or drama.
Registration of a Will
Let’s start here. Not every Will is registered. The law doesn’t demand it. But that doesn’t mean it’s a bad idea.
Once a Will is registered, the original stays with the Registrar. Locked away. Can’t be edited. Can’t be lost. After death, only a copy can be accessed. Not the original.
During their lifetime, only the testator—or someone authorised—can revoke it. If they change anything later, those changes also need to be registered. If they aren’t, courts may not accept them.
Is a registered Will bulletproof? No. It can still be challenged. But it carries more weight than an unregistered one. Especially in court.
Steps to Register a Will
People don’t usually do this alone. Most involve a lawyer, CA, or CS. Someone who understands how to get it right.
If the person is bedridden, the Registrar can visit their home. But only if a doctor’s certificate and proper papers are submitted.
Here’s how it typically goes:
- The testator identifies the local sub-registrar office
- They take an appointment
- On the scheduled date, both the testator and two witnesses appear in person
They bring with them:
- Passport-size photos
- Aadhaar cards or other ID with address
- If property is included, original title deeds, tax receipts, encumbrance certs
- If property is mortgaged, an NOC from the bank
- Any older Wills they’ve written before
Once it’s done, they must collect the registered Will, registration receipt, and other documents. It’s important. Things get lost later if they don’t.
Probate
When someone dies and leaves behind a Will, it doesn’t automatically take effect. Courts need to validate it. That’s what probate is.
It’s a certificate. It tells everyone—banks, relatives, legal authorities—that the Will is real and enforceable.
But not everyone needs probate.
When Is Probate Required?
If the testator was Hindu, Sikh, Jain or Buddhist, and the Will includes property in Chennai, Mumbai or Kolkata, probate is mandatory.
Also, the Will must name an executor. Without one, probate can’t be granted.
What’s the Process?
- The executor applies—but only after 7 clear days after death
- The petition goes to the court, with these documents:
- Death certificate
- Will
- Legal heir certificate
- Identity proofs (Aadhaar preferred)
- Property documents
- Court fee (based on estate value)
If no one contests, courts usually grant probate in 6 to 9 months.
Once granted, the executor has legal backing to do what’s written in the Will.
Letter of Administration
What if the Will has no executor? Or the executor refuses? Or the Will doesn’t exist?
That’s when the family (or anyone eligible) files for a Letter of Administration.
When Is It Needed?
- There’s no Will
- The executor is missing, dead, or refuses
- The executor doesn’t act within the time allowed
This letter gives legal authority to someone (usually a family member) to manage the estate.
You can apply for it only after 14 clear days from the death.
How to Apply – Probate or Letter of Administration
Whether it’s probate or LoA, the steps are mostly the same.
A lawyer files the petition in court. Along with it:
- ID proofs of testator, beneficiaries, executor (Aadhaar preferred)
- Death certificate
- Legal heir certificate
- Property documents
- If there’s a Will, attach a copy
The petition must mention:
- When and where the testator died
- List of relatives or heirs
- What the petitioner expects to receive
- Proof that they’re entitled (either as executor or heir)
Once filed, the court:
- Calculates and collects the court fee
- Issues notices to all legal heirs for objections
- Publishes a public notice in a newspaper
If there are no valid objections, and everything looks good, probate or LoA is granted.
Final Word
People don’t like talking about Wills. But ignoring them causes pain later. Not legal pain—emotional pain. Disputes. Delays. Broken relationships.
A registered Will isn’t just about legality. It’s about clarity.
Probate ensures the executor can do their job without getting stuck.
A Letter of Administration steps in when there’s a gap—when there’s no plan, or the plan isn’t complete.
Whatever the case, understanding these steps now means peace for your family later.
