This is a big one. In December 2025, India changed a rule that had been bothering families in Mumbai, Chennai, and Kolkata for decades. The Indian Succession Act 1925 was amended to remove mandatory probate in these cities. Let me explain why this matters and what it means for you.
Before this change, if you had a Will and you lived in one of the old Presidency Towns, your Will had to be probated. Probate means getting the court to certify that your Will is valid. Sounds simple, but it was a nightmare. Court fees alone could run to Rs 75,000 or more, depending on the value of your estate. Then you had lawyer fees. And the process took 1 to 3 years. Yes, years. So even if you did everything right and wrote a proper Will, your family had to go through this expensive, slow process before they could access your assets. It was unfair, especially for middle-class families who did not have huge estates but still had savings, a flat, and some investments to pass on.
Now probate is optional across all of India. Your Will can be executed without court involvement as long as no one contests it. Your nominees and legal heirs can present the Will to banks, mutual fund houses, and property registrars, and in most cases, they can transfer the assets without going to court. This is a massive win. Families can settle estates faster and cheaper. No more waiting years and paying lakhs just to prove that a Will is valid.
But here is the thing. You still need a Will. I cannot stress this enough. Most Indian families avoid this topic because talking about death is uncomfortable. We do not like to think about it. We assume everything will work out. But it is irresponsible to not have a Will. If you die without one, your assets go according to the Hindu Succession Act or the law that applies to your religion. That might not be what you want. Your spouse might get less than you intended. Your children might have to share with relatives you did not want to include. Fights can break out. I have seen families torn apart over property and bank accounts because there was no clear Will. A simple Will, even a handwritten one, can prevent all of that.
There is more good news. The new Banking Laws allow you to have up to 4 nominees on your bank accounts with percentage or hierarchy allocation. So you can say 50% to your spouse and 50% to your child. Or you can say your spouse is the first nominee and your child is the second, to be used only if your spouse is not alive. This gives you flexibility. Nominees are not the same as legal heirs. The nominee holds the asset in trust for the legal heirs. But having clear nominees makes it easier for banks to release funds quickly. Combine that with a Will, and your family has a clear path forward.
In my opinion, everyone with any assets should have a Will. It does not have to be fancy. You can write it yourself on plain paper, sign it, and get two witnesses. Or you can go to a lawyer and get it done properly. The cost is a few thousand rupees at most. The peace of mind is priceless. And now, with probate optional, your family will not have to suffer through court delays. Do not put this off. Talk to your spouse. Write down what you want. Your future self, and your family, will thank you.