Losing someone you love is challenging, not only emotionally but practically too; between finances, legal matters and documentation. If the deceased hasn’t provided a will, that can get a little tricky—this is when the succession certificate comes into play.
In this guide, I will take you through the entire gamut of succession certificates, or simply put, what a succession certificate is, why it is important, how to apply for a succession certificate.
What is a Succession Certificate?
Succession certificate is a legal certificate issued by the court that amounts to an official authorization allowing a person to act on behalf of the deceased in respect of his or her money matters, including:
The succession certificate assumes prime importance if a person dies without a will , i.e., intestate. Without this certificate, no bank or institution will release the money or asset even if you happen to be the spouse or child.
When Would You Need a Succession Certificate?
You typically need this certificate if:
Who Can Apply for a Succession Certificate?
Usually, it’s one of the close legal heirs who applies—this could be:
Following Step-Wise Procedure to Apply for Succession Certificate
Step 1: File Application in the Proper Court
The application (petition) has to be filed in the district court in whose jurisdiction the deceased was residing or had property. A local advocate may assist you, especially if you are unsure about the jurisdiction.
Step 2: Prepare the Documents
Generally, you will need:
Step 3: Paying the Court Fee
Every state has a different system, but generally, the fee is a very small percentage of the asset value, i.e., 2 to 5 percent of the asset value. Ordinarily, the payment is made by way of stamp paper.
Step 4: Notice and Waiting Period
Upon submission of the application, the court shall arrange for a notice to be published in a newspaper. It gives them an opportunity to lodge objections, for, say, relatives or claimants, if they feel that they have a right to the same assets.
If no one files any objections within a period of 30–45 days, the court proceeds.
Step 5: Get the certificate
After a smooth journey through the courts, your succession certificate will get issued in your name. Banks and other such institutions will recognize your claims on the financial assets of the deceased and/or collect the said assets.
How Long Does it Take?
Generally, it can take about from 2 to 6 months to reach the end of the entire process. In case of objections or some missing documents, the time duration might get extended..
Is This the Same as a Legal Heir Certificate?
No, indeed—different things. A legal heir certificate is mostly used for government-related matters such as claiming pensions or manually transferring utility connections.
A succession certificate, on the other hand, is used for claiming financial assets like money, mutual funds, or shares. And unlike the heir certificate, this one is issued by a civil court, not the local revenue office.
Real-Life Example
Let’s say your father passed away and didn’t leave a will. He had ₹5 lakhs in a bank account with no nominee. Even though you’re his only son, the bank can’t just hand over the money. They’ll ask for a succession certificate. Once you get it, they’ll release the money to you without issues.
Important Tip
Hiring a local lawyer who handles succession matters regularly can save you a lot of time and hassle. Many people also go through this process without a lawyer—it depends on your comfort level with legal forms and court visits.
Final Thoughts
There is nothing easy about dealing with paperwork after a loss. However, knowing what a succession certificate is, and how it can assist you can lessen the burden. It gives you the legal authority to deal with the estate of your loved one in terms of financial matters left behind.
If you have experienced a death and want to deal with financial information, eg. bank accounts or shares, then getting a succession certificate is generally the first step+.
In this guide, I will take you through the entire gamut of succession certificates, or simply put, what a succession certificate is, why it is important, how to apply for a succession certificate.
What is a Succession Certificate?
Succession certificate is a legal certificate issued by the court that amounts to an official authorization allowing a person to act on behalf of the deceased in respect of his or her money matters, including:
- Withdrawal of money from bank accounts of the deceased
- Claiming fixed deposits, mutual funds, or life insurance
- Transfer of shares, bonds, or other financial assets
The succession certificate assumes prime importance if a person dies without a will , i.e., intestate. Without this certificate, no bank or institution will release the money or asset even if you happen to be the spouse or child.
When Would You Need a Succession Certificate?
You typically need this certificate if:
- The deceased didn’t leave a will
- You want access to their bank accounts, FDs, or investments
- There's no nominee mentioned for those assets
- You're trying to claim insurance, shares, or debts
Who Can Apply for a Succession Certificate?
Usually, it’s one of the close legal heirs who applies—this could be:
- A spouse (husband or wife)
- A son or daughter
- A parent of the deceased
- In some cases, even siblings
Following Step-Wise Procedure to Apply for Succession Certificate
Step 1: File Application in the Proper Court
The application (petition) has to be filed in the district court in whose jurisdiction the deceased was residing or had property. A local advocate may assist you, especially if you are unsure about the jurisdiction.
Step 2: Prepare the Documents
Generally, you will need:
- A copy of the death certificate
- Documents showing that you are related (like a ration card, Aadhaar, etc.)
- An inventory of the assets of the deceased (bank accounts, shares, etc.)
- Your ID and address proof
- Names and details of other heirs, if any
Step 3: Paying the Court Fee
Every state has a different system, but generally, the fee is a very small percentage of the asset value, i.e., 2 to 5 percent of the asset value. Ordinarily, the payment is made by way of stamp paper.
Step 4: Notice and Waiting Period
Upon submission of the application, the court shall arrange for a notice to be published in a newspaper. It gives them an opportunity to lodge objections, for, say, relatives or claimants, if they feel that they have a right to the same assets.
If no one files any objections within a period of 30–45 days, the court proceeds.
Step 5: Get the certificate
After a smooth journey through the courts, your succession certificate will get issued in your name. Banks and other such institutions will recognize your claims on the financial assets of the deceased and/or collect the said assets.
How Long Does it Take?
Generally, it can take about from 2 to 6 months to reach the end of the entire process. In case of objections or some missing documents, the time duration might get extended..
Is This the Same as a Legal Heir Certificate?
No, indeed—different things. A legal heir certificate is mostly used for government-related matters such as claiming pensions or manually transferring utility connections.
A succession certificate, on the other hand, is used for claiming financial assets like money, mutual funds, or shares. And unlike the heir certificate, this one is issued by a civil court, not the local revenue office.
Feature | Succession Certificate | Legal Heir Certificate |
| Who issues it? | District Civil Court | Revenue Department / Tahsildar |
| Purpose | Claiming bank accounts, FDs, shares | Proving relationship for government benefits |
| Time taken | 2–6 months | 2–4 weeks |
| Legal strength | Strong (used in courts) | Limited (not valid for private banks) |
Real-Life Example
Let’s say your father passed away and didn’t leave a will. He had ₹5 lakhs in a bank account with no nominee. Even though you’re his only son, the bank can’t just hand over the money. They’ll ask for a succession certificate. Once you get it, they’ll release the money to you without issues.
Important Tip
Hiring a local lawyer who handles succession matters regularly can save you a lot of time and hassle. Many people also go through this process without a lawyer—it depends on your comfort level with legal forms and court visits.
Final Thoughts
There is nothing easy about dealing with paperwork after a loss. However, knowing what a succession certificate is, and how it can assist you can lessen the burden. It gives you the legal authority to deal with the estate of your loved one in terms of financial matters left behind.
If you have experienced a death and want to deal with financial information, eg. bank accounts or shares, then getting a succession certificate is generally the first step+.
