Succession Certificate, Probate and Codicil

Introduction

In testamentary succession, certain legal documents help in managing and transferring the property of a deceased person. These include succession certificates, probate, codicils, and letters of administration. They ensure smooth collection and distribution of assets.

Meaning / Definition

Succession Certificate

A succession certificate is a document granted by a court authorizing a person to collect debts and securities of a deceased person.

• Governed by sections 370 to 390 of the Indian Succession Act, 1925
• Helps in collecting money such as loans, shares, or securities
• Protects the debtor who makes payment to the certificate holder

Probate

Probate is a certified copy of the will issued by the court along with authority to the executor to administer the estate.

• It is proof of the validity of the will and appointment of executor
• It confirms that the will is genuine and legally executed
• It does not decide ownership of property

Codicil

A codicil is a document made to explain, add to, or alter a will.

• It is treated as part of the will
• It must be in writing and cannot be oral
• Used for making minor changes

Modes or Types

Cases Where Succession Certificate is Granted

• When probate or letters of administration are not compulsory
• When the deceased is a Muslim
• When the deceased is an Indian Christian
• When a Hindu has made a will but probate is not compulsory
• In case of joint family property passing by survivorship

Contents of Succession Certificate

• Details of debts and securities
• Name of the person to whom certificate is granted
• Powers granted, such as:
  • Receiving interest or dividends
  • Transferring securities

Letters of Administration

• Granted by a court when no executor is appointed
• Gives authority to administer the estate
• Shows that duties of administration are assigned to the person

Distinction / Comparison

Succession Certificate vs Probate

• Succession Certificate:

  • Used for debts and securities
  • Protects debtor making payment
  • Does not prove validity of will

• Probate:

  • Certifies validity of will
  • Confirms appointment of executor
  • Required for administration of estate

Probate vs Letters of Administration

• Probate:

  • Granted when executor is named in will
  • Executor derives authority from will

• Letters of Administration:

  • Granted when no executor is named
  • Administrator derives authority from court

Practical Example

A person dies leaving bank deposits and shares. His legal heir applies for a succession certificate to collect the money. If there is a will naming an executor, the executor obtains probate to administer the estate.

Summary

• Succession certificate helps collect debts and securities
• Probate proves validity of will and authority of executor
• Codicil is used to modify an existing will
• Letters of administration are granted when no executor is appointed
• These documents ensure proper management and transfer of property