Probate in Mumbai: the documents you will need

First, probate or letters of administration?

Probate is granted to the executor named in a will. Letters of administration are granted when there is no will, or when the will names no executor who is able or willing to act. The documents overlap almost entirely, so the list below works for both. For Mumbai, these petitions are filed on the Testamentary and Intestate jurisdiction of the Bombay High Court.

1. About the person who has passed away

• Death certificate issued by the municipal corporation
• Their full name as it appears on property and bank records, and any other names they were known by
• Their last permanent address

2. The will

• The original will, and any codicils (later changes to the will)
• If the original is lost, everything you have: a copy, a scan, or a registered copy from the Sub-Registrar if it was registered

The original will is filed in court, so make certified or notarised copies for your own records before handing it over.

3. The witnesses to the will

A will has to be signed in front of at least two witnesses. The court will usually want an affidavit from one of the attesting witnesses confirming that they saw the will being signed. Note down the witnesses' full names, addresses and phone numbers early, because tracing them years later is often the slowest step.

If no witness is alive or can be found, the will can still be proved in other ways, such as evidence of the handwriting of the testator and the witnesses. It takes more work, so tell your advocate at the start.

4. The family

• Names, ages, addresses and relationship of every person who would inherit if there were no will (the legal heirs)
• Death certificates of any legal heirs who have already passed away, and details of their own heirs

The heirs are given notice of the petition. Heirs who agree with the grant can sign a consent affidavit, which usually makes the process faster. If an heir objects, the matter can become a contested testamentary suit.

5. The assets and liabilities

The petition includes a schedule of everything the person owned on the date of death, with its value on that date, and any debts. Court fees are calculated on the value of the estate, so the values need supporting papers.

• Flats and land: agreements, index II, share certificate and society letter showing the member's name, and a valuation report
• Bank accounts and fixed deposits: balance certificates as on the date of death
• Shares, mutual funds and bonds: holding statements as on the date of death
• Vehicles, jewellery and other valuable items, if mentioned in the will
• Loans, credit card dues and other liabilities

6. About the executor or applicant

• Identity and address proof
• Their relationship to the person who passed away

After the grant

Once probate or letters of administration are granted, certified copies are used to transfer each asset: the society transfers the flat, banks release deposits, and depositories transmit shares. Ask each institution for its own transmission form early, so the transfers can start as soon as the grant is issued.