Succession Certificate in Bangladesh: Cost, Process & When You Need One vs Probate

In this guide: Three documents, three purposes · When there is a nominee · How to apply · Documents · Cost and time · Leaving an heir out

The short answer

A succession certificate is granted by the District Judge’s court under Part X of the Succession Act 1925. It authorises the named heir to collect specific debts and securities of the deceased: bank balances, fixed deposits, savings certificates, shares, bonds, provident fund and insurance money. Banks and companies ask for it because it protects them when they pay. It does not deal with land, which passes to the heirs by inheritance and is recorded by mutation.

Three documents, three purposes

• Warish (heirship) certificate. Issued by the Union Parishad chairman, pourashava or city corporation councillor. It lists the heirs. It is used for land mutation and many office purposes.
• Succession certificate. Issued by the court. It lets the holder collect named debts and securities.
• Probate or letters of administration. Issued by the court where there is a will (probate) or where an estate must be administered (letters of administration). Muslims usually do not need probate, because their property passes under faraiz and a will is limited to one third.

When there is a nominee

If the account, savings certificate or policy has a nominee, the institution normally pays the nominee without a succession certificate. Section 103 of the Bank Company Act 1991 allows that. But the nominee does not become the owner. The High Court Division has held that a nominee receives the money as a trustee and must distribute it among the legal heirs according to their shares. If a nominee keeps everything, the other heirs can sue to recover their shares.

How to apply

• File a petition in the court of the District Judge where the deceased ordinarily lived, or where the assets are, if the deceased had no fixed home in Bangladesh.
• State the date and place of death, every heir with their relationship and address, and each debt or security with its account or certificate number and amount.
• The court issues notice to the heirs and publishes it so that anyone with a claim can object.
• If no one objects, the court grants the certificate on payment of the court fee. If someone objects, it becomes a contested case.

Documents

• Death certificate.
• Warish certificate and the NIDs or birth certificates of all heirs.
• Statements, certificates or letters showing each asset and its value.
• Consent or no-objection from the other heirs, if they agree to one person applying.

Our succession certificate documents checklist lists them in printable form.

Cost and time

The court fee is charged on the value of the debts and securities covered: nothing up to Tk 20,000, 1 per cent between Tk 20,000 and Tk 1 lakh, and 2 per cent above Tk 1 lakh, with no cap. Include only the assets you actually need to collect. An uncontested certificate commonly takes three to six months from filing, depending on the court. A contested one takes much longer.

Leaving an heir out

Every heir must be named and served. A certificate obtained by concealing an heir can be revoked, and the person who collected the money will have to account for it. It is also a quick way to turn a family into litigants.