Succession Certificate, Legal Heir Certificate, or Probate: Which One Do You Need?

After a family member passes away, institutions ask for proof that you are entitled to what they left behind. The three documents most often asked for are a legal heir certificate, a succession certificate, and probate. They are issued by different authorities, for different purposes, and are not interchangeable.

Legal heir certificate

A legal heir certificate is an administrative document, usually issued by the revenue authorities such as the Tehsildar, naming the deceased person's legal heirs. It is commonly accepted for pension and service benefits, utility and mutation records, and similar purposes. It is a statement of who the heirs are, and it does not itself settle a dispute over who is entitled to what.

Succession certificate

A succession certificate is granted by a civil court under the Indian Succession Act, 1925. It entitles the holder to collect the deceased person's debts and securities, such as bank deposits, shares and similar assets. The court gives public notice and hears any objections before granting it.

Probate

Probate is a court's certification that a Will is genuine, granted to the executor named in it. It is compulsory in certain places and situations, and optional elsewhere, though a probated Will is strong proof if anyone later challenges it. Where there is no Will, a similar document called letters of administration may be needed to administer the estate.

Which one, in practice

The right document depends on what is left and whether there is a Will.

• A Will and property: probate, where it is required or advisable
• No Will, and bank accounts or securities to claim: a succession certificate
• Pension, service benefits, or changing records: a legal heir certificate
• More than one of these may be needed for the same estate

The takeaway

Identify what you need to claim first, and ask the institution which document it accepts. That avoids paying for, and waiting on, a court order you didn't need, or arriving with a document that doesn't do the job.