Probate, or letters of administration with the will annexed (s.276 ISA)
The executor's petition for probate of a will, or an heir's for letters of administration with the will annexed, with the schedule of assets and the witness's verification.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF District Judge, Amarnagar
Probate Petition No. ______ of 2026
PETITION UNDER SECTION 276 OF THE INDIAN SUCCESSION ACT, 1925 FOR PROBATE OF THE WILL
(In the matter of the will and the estate of Harbans Singh son of Shri Karam Singh, deceased)
Respectfully Showeth:
1.That Harbans Singh son of Shri Karam Singh died on 15-03-2026 at the Civil Hospital, Amarnagar. At the time of death the deceased ordinarily resided at House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab. This Court has jurisdiction because the deceased had a fixed place of abode within the local limits of its jurisdiction (Section 276(2) of the Indian Succession Act, 1925).
2.That the deceased left a will dated 10-08-2023, registered as document No. 2345 in Book No. III on 10-08-2023 with the Sub-Registrar, Amarnagar, which is his last will and testament. The original will is annexed to this petition.
3.That the will was duly executed and attested: the deceased signed it in the presence of the attesting witnesses, Mohan Lal son of Ram Lal, of Gulab Colony, Amarnagar, and Jaswinder Singh son of Kartar Singh, of Village Kalyanpur, each of whom signed it in the presence of the deceased (Section 63 of the Act). To the best of the petitioner's knowledge the will has not been revoked, and the deceased left no later will or codicil.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The original will (it is filed with the petition) and two photocopies
- The death certificate of the person who made the will
- Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
- Names, relations and addresses of all legal heirs, including any left out of the will; their no-objection affidavits, if they agree
- Proof of each asset and its value: jamabandi or fard, sale deeds, bank and fixed deposit statements, and a valuation where needed
- Names and addresses of the attesting witnesses of the will; one of them usually signs the verification and may be called to give evidence
Where to go
Filed through an advocate in the court of the District Judge (or the court empowered for probate) of the district where the deceased lived or left property. The court issues notice to the heirs and usually a public notice in a newspaper.
Fee
Court fee is charged on the value of the estate under the state's court-fee law and is paid before the grant; ask the court office for today's rate. Newspaper notice charges and the advocate's fee are separate.
Good to know
- If any heir objects, the case becomes contested and is tried like a suit, with evidence (Section 295).
- Letters of administration usually need an administration bond, with sureties, as the court directs (Section 291).
- In Punjab, Haryana and Chandigarh probate of most wills is optional, but some banks, societies and offices ask for it before they transfer property.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on probate or letters of administration is charged on the value of the estate under the state's court-fee law, and the grant issues only after it is paid; affix the court-fee stamps (or file the e-court-fee receipt) as the court office directs.