Probate is the court process by which a Will is judicially established as genuine and the executor named in it is given legal authority to administer the deceased's estate -- mandatory in India only in specific circumstances, most notably Wills executed within the former Presidency towns of Mumbai, Chennai, and Kolkata, or covering immovable property situated within their jurisdiction.
Outside those specific circumstances, probate is not compulsory for a Will to be acted upon, though
banks, registrars, and other institutions dealing with a deceased NRI's assets in India will often still
ask for it, or for a comparable court order, as practical proof of the executor's authority before releasing
funds or transferring property -- so an executor may end up seeking probate voluntarily even where it isn't
legally mandatory. Where a person dies without leaving a Will, there is no probate at all; instead, an heir
may need to apply for Letters of Administration or a Succession Certificate, depending on what kind of
asset is involved, so the applicable process turns on whether a valid Will exists.
