What a succession certificate is for, and when you need one instead of probate
Both are court documents that let someone deal with what a person left behind, and they are constantly confused. A succession certificate covers debts and securities. Probate proves a will. Applying for the wrong one costs months.
The short answer
A succession certificate authorises the holder to collect debts and securities belonging to a person who has died: bank balances, savings certificates, shares, provident fund and insurance money. Probate is the court confirming that a will is genuine and that the executor named in it may act. If there is no will, probate is not available. If what you need is to release money held by a bank or a company, a succession certificate is usually the right application.
What a succession certificate does not cover
It covers movable property in the nature of debts and securities. It does not transfer land. People frequently apply for one expecting it to settle a dispute about a house or a plot, and it will not. Immovable property passes by inheritance under the personal law that applies, and where ownership is disputed the remedy is a partition or declaratory suit, not a certificate.
Probate and letters of administration
Probate is granted where there is a will naming an executor. Where there is a will but no executor able or willing to act, or where an estate has to be administered without a will, the equivalent grant is letters of administration. How far any of this is compulsory varies by community, and a great deal depends on what the institution actually holding the asset requires.
What the application involves
The application goes to the District Judge’s court with jurisdiction. It must identify the deceased, the date of death, the heirs, and the specific debts and securities in question. The court issues notice and publishes it so that anyone with a competing claim can object. Where no one objects the grant follows; where an heir objects, the matter becomes contested and takes considerably longer.
Documents you will need
- Death certificate
- Evidence of relationship: National ID, birth records, and the family or succession certificate from the local authority
- Details of each asset: account, certificate or share numbers
- The will, if there is one
- A complete list of the heirs, with addresses
How long it takes, and what it costs
An uncontested succession certificate commonly takes a few months from filing to grant, allowing for the notice period. Court fees are calculated on the value of the debts and securities covered, which is a practical reason to limit the application to the assets you actually need to reach. A contested matter runs considerably longer.
Establish what is needed
Ask each institution in writing what document it requires, and identify every asset precisely.
Prepare and file
The application sets out the heirs, the assets and the relationship evidence, and is filed in the District Judge’s court.
Notice and objections
The court issues and publishes notice, and any objection from a rival claimant is dealt with.
Grant and collection
On grant, the certificate is presented to the institution and the asset actually collected.
Common questions
Will a succession certificate transfer my father’s land?
No. It covers debts and securities, not immovable property. Land passes by inheritance under the applicable personal law, and a dispute about it needs a partition or declaratory suit.
There is a will. Do we still need probate?
It depends on the community and on what the institution holding the asset demands. Ask them in writing first, because that answer usually decides which application to make.
Can one heir apply alone?
An heir can apply, but every heir must be disclosed and given notice. Leaving an heir out is the fastest way to have the grant challenged later.
Not sure which grant you need?
Bring the institution’s letter and we will tell you in one conversation.