Probate, Legal Heir Certificate or Succession Certificate: Which One Your Family Needs for Shares

Families claiming shares are often told to get "a certificate" and left to work out which. Three documents get confused. They come from different authorities and prove different things.

Probate

• What it is: a court's certified copy of a will, granted to the executor named in it, confirming the will is valid
• Who issues it: a civil court, on a petition by the executor
• When it applies: only where there is a will that names an executor. Without an executor, the court can grant a letter of administration with the will annexed.

Probate used to be compulsory for some wills. Section 213 of the Indian Succession Act required it, in practice mainly for wills of Hindus, Buddhists, Sikhs and Jains made in or concerning property in Mumbai, Kolkata and Chennai. The Repealing and Amending Act, 2025 omitted Section 213 with effect from 20 December 2025.

Probate is still available, and some institutions still ask for it. For shares, SEBI's July 2026 framework accepts a will with an indemnity bond, without probate.

Legal heir certificate

• What it is: a certificate identifying the legal heirs of a person who has died
• Who issues it: state revenue authorities, such as the Tehsildar or another officer the state designates, usually after a local inquiry. Many states take applications online.
• How long: typically weeks rather than months, varying widely by state and office
• What it doesn't do: it names the heirs, but it isn't a court decision on who owns what

Under SEBI's July 2026 framework, a legal heirship certificate with an indemnity bond is accepted for holdings above the simplified limits.

Succession certificate

• What it is: a civil court's authority to collect a deceased person's debts and securities
• Who issues it: the District Judge, under Part X of the Indian Succession Act
• How long: often around six months if uncontested
• Cost: a court fee based on the value of the securities, at state-specific rates

It carries the most weight of the three and takes the longest. How the petition works.

Which one for shares?

• Within SEBI's limits: (₹10 lakh per company physical, ₹30 lakh demat): usually none of them. An indemnity bond and an affidavit-cum-NOC from the other heirs are enough.
• Above the limits, and there is a will: the will with an indemnity bond. Probate is optional.
• Above the limits, no will: a legal heirship certificate with an indemnity bond is often the quickest. A succession certificate is the alternative.
• A registrar or institution insists on a particular document: ask it in writing to cite the rule. If it is a legitimate requirement for that asset, it is usually quicker to comply than to argue.
• The family disagrees: none of these shortcuts apply. That is a matter for the courts and for a lawyer.

In every case above the limits, the other heirs' affidavit-cum-NOC is also required. See nominee or no nominee for the full set of routes.

This is a general comparison. Personal law, state practice and family facts vary, so have a professional check which document fits your situation before you apply for one.