You cannot get probate entirely online, and no website issues a grant by itself. What you can do electronically is draft and e-file the petition, pay the court fee and track the progress of the case. In Kolkata the petition for probate is filed on the Original Side of the Calcutta High Court, and outside the city before the District Court, but the grant still requires the court's notice to the persons interested in the estate, the proof of the will, and a judicial order.
What probate is and when you need it
Probate is the court's certification that a will is genuine and that the person named in it may act as executor. It is granted under the Indian Succession Act, 1925, and the petition for it is made under section 276 of that Act. Probate is compulsory where the will relates to immovable property situated within the ordinary original civil jurisdiction of the High Court at Calcutta, which in practice means property in Kolkata. Where such a will is not proved and probated, the executor cannot establish his right to deal with that property as the will directs.
Outside that jurisdiction, probate or letters of administration may still be needed to satisfy a bank, a registrar or a purchaser where the will is disputed, and it is prudent where the estate is substantial or the heirs are not agreed. For a modest estate with an agreed family, institutions sometimes accept an indemnity and an undertaking instead, but whether that is possible depends entirely on the particular bank, registry or authority, and it does not change the legal position for a will dealing with immovable property in Kolkata.
Which court has jurisdiction
For an estate in Kolkata, the petition is filed on the Original Side of the Calcutta High Court. For an estate elsewhere in West Bengal, it is filed before the District Court, which may in turn refer the matter to a District Delegate in suitable cases. The question of jurisdiction turns on where the property lies and where the deceased had a fixed place of residence, so the petition must state those facts correctly.
A petition filed in the wrong court is returned, with the fee and the time that involves, and the defect is easy to avoid by taking advice at the drafting stage. If the assets are spread across more than one district, the petition should identify them clearly and state which court is approached and why, because a later objection on jurisdiction can set the whole matter back by months.
The steps from petition to grant
The petition, supported by the will and an affidavit, sets out the deceased's details, the date of death, the will and its attesting witnesses, the persons interested in the estate and the property it covers. The court then issues citations or notices to the next of kin and other interested persons, so that anyone who objects can come forward. The will may be proved by the evidence of an attesting witness or, where the court permits, by affidavit.
- The petition for probate with the schedule of property annexed.
- An affidavit verifying the petition and the facts of the will's execution.
- A schedule of the property, valued, on which the court fee is calculated.
- The citations or notices issued to the persons interested in the estate.
- Proof of the will, ordinarily through an attesting witness.
- The court's order granting probate, after the waiting period and any objections.
If no one opposes, and the court is satisfied that the will is genuine and duly executed, it grants probate, usually after a waiting period intended to let objections surface. The grant is then issued to the executor, and it is that document, not the filing, that the bank or registry will ask to see.
What can actually be done online, and what cannot
A number of steps are now electronic. The petition and its annexures can be typed and, where the court permits, e-filed through the court's e-filing facility; the court fee can be paid electronically; and the progress of the case can be watched on the e-Courts services portal. None of that changes the substance of the proceeding.
What cannot be done online is the essence of the matter: the court's notice or citation to the people interested in the estate, the proof of the will, and the judicial order granting probate. No website issues a probate certificate, and anyone promising one is selling something the law does not allow. Treat an online probate service as a drafting and filing helper, not as a substitute for the court. If a service asks you to pay a large fee to a private account and promises a certificate in days, that is a warning sign.
Documents you will need
The petition is only as good as the papers behind it, and missing documents are the commonest cause of a return. Gather the original will, the death certificate of the deceased, the petitioner's identity and address proof, the names and addresses of the heirs and next of kin for the citations, the schedule of the property with its valuation, and the material to prove the will's execution, ordinarily the evidence of an attesting witness where one is available.
| Document | Why it is needed |
|---|---|
| Original will | The document to be proved and probated |
| Death certificate | Establishes that the will has become operative |
| Schedule of property with valuation | Fixes the estate and the court fee payable |
| Names and addresses of heirs and next of kin | Needed for the citations the court issues |
| Proof of the will's execution | Ordinarily the evidence of an attesting witness |
| Petitioner's identity and address proof | Establishes the executor's standing to apply |
Court fee and valuation
The court fee on probate is calculated on the value of the property covered by the schedule, and the fee is a percentage that rises with the value. Because the rates and the manner of valuing different kinds of property can change, the exact figure should be confirmed from the current court-fee schedule for West Bengal or with the court, rather than assumed from an old figure found online.
Under-valuation is one of the commonest reasons a petition is returned, so the schedule should be prepared carefully and supported by documents such as the deed of purchase, the municipality's valuation or the latest tax receipt. The general principles of valuation for court fee are set out in court fees and valuation in Kolkata, and the figure varies with the kind of asset involved.
Common reasons probate is delayed
Delay usually comes from a handful of avoidable causes: the will's execution cannot be proved because an attesting witness cannot be traced, the interested persons cannot be served because their addresses are vague, the schedule of property is incomplete, or the court fee is short. A will whose attesting witnesses have died adds complexity, though it can still be proved in accordance with the Indian Succession Act, 1925.
Where the family is likely to object, that too extends the case, because the court must hear the objection before it can grant probate. Getting the addresses, the valuation and the witnesses' details right in the first petition removes most of the delay. It also helps to decide early whether the estate will need to be divided, because if the co-owners fall out later, a separate suit may be required; the difference between a partition suit and a title suit is explained separately.
One point that surprises executors is that probate, once granted, is conclusive as to the genuineness of the will and the executor's authority, and it is not lightly reopened. That is precisely why the court insists on citations and on proof before granting it. It also means the effort spent on a correct petition is not wasted, because the grant will be relied upon by banks, registrars and purchasers for years to come.
If the estate is small or the family agrees
Where the family is agreed and the assets are modest, the parties sometimes avoid probate through other lawful routes, such as a succession certificate where no will is in issue, or by institutions accepting an indemnity and the heirs' undertaking for small balances. Whether that is possible depends entirely on the particular bank, registry or authority, and none of it changes the legal position that probate is required for a will dealing with immovable property in Kolkata.
Take advice on the specific assets before deciding to skip the court, because a decision taken to save time at the start can create a title problem years later when the property is sold. You can put your papers before the chamber through a free consultation, or look at the drafting and filing help offered under the chambers' services.