There is a will. Do I still need probate?
Not always. Probate is a court order that the will is genuine and that the executor may act. Some cities and some kinds of property make it hard to deal with a will without probate. A bank holding a deposit often asks for probate or letters of administration when there is a will and no nomination — but many will still pay a nominee without reading the will at all.
Probate is not a succession certificate
Probate proves the will and empowers the executor. A succession certificate collects debts and securities when there is no will (or when the will does not cover those assets). Families mix the two names at the counter and come away with the wrong petition.
If the will names an executor and the asset is immovable property in a presidency town, expect probate to be asked for before a mutation or a sale. If the asset is an SBI savings account with a nominee, the bank’s job is the nomination, not the will.
What to do this week
Get several certified copies of the death certificate. Read whether the will names an executor and whether it is registered. Registration helps proof; it is not automatically probate.
Ask each institution, in writing, whether it will act on nomination, on the will without probate, or only on probate. Do not file a probate petition “just in case” until those answers are in.
Common questions
- Is a registered will the same as a probated will?
- No. Registration records that a document was presented to a registrar. Probate is a court finding that it is the last will and that the executor may collect the estate.
- Can we ignore the will and use Hindu intestate shares?
- Not lawfully, if the will is valid. The will governs what it disposes of. Intestate rules take only what the will does not dispose of.
Find out what your case needs
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Related
Last reviewed 2026-09-24. This is general information, not legal advice. Institution requirements change — confirm before you file.