SUCCESSION CERTIFICATE

SUCCESSION CERTIFICATE

A Succession Certificate Service is a legal service that assists individuals in obtaining a certificate of succession. This certificate is an essential legal document that establishes the rightful heirs to a deceased person’s estate. It is especially important when someone passes away without leaving a will, and the estate—including movable assets like bank accounts, insurance policies, or securities—needs to be distributed legally.

What is a Succession Certificate?

A Succession Certificate is a document issued by a court that grants the holder the legal right to collect debts and securities owed to a deceased individual. It serves as proof of the legal heirs of the deceased’s estate and is often required to access assets such as bank accounts, government bonds, mutual funds, or insurance benefits in the absence of a will.

When is a Succession Certificate Required?

  • No Will (Intestate Succession): When a person dies without a will, their estate is distributed as per the law. The certificate helps legally recognize the heirs.

  • To Access Movable Assets: Required to claim cash, bank deposits, bonds, or insurance policies in the deceased’s name.

  • Disputes Over Heirs: In cases of disagreement or uncertainty among potential heirs, a succession certificate provides legal clarity.

Steps Involved in Obtaining a Succession Certificate

  1. Filing the Petition:

    • A legal heir (such as a spouse, child, or relative) files a petition in a district or civil court.

    • The petition must include the death certificate, asset details, and names of all legal heirs.

  2. Verification and Documentation:

    • The court verifies the submitted documents and may ask for a public notice in a local newspaper to invite objections, if any.

  3. Court Hearing:

    • A hearing is held where the heirs present their case.

    • If no objections arise, the court proceeds to grant the certificate.

  4. Issuance of the Certificate:

    • Once approved, the court issues the certificate to the rightful heirs, allowing them to collect the deceased’s assets.

  5. Use of the Certificate:

    • The certificate can be used to claim bank balances, insurance amounts, or transfer ownership of other movable assets.

Key Considerations

  • Timeframe: The process may take several months depending on complexity or disputes.

  • Costs: Includes court fees, lawyer charges, and document-related expenses.

  • Legal Advice: Professional legal support is recommended due to the complexities involved.

Services by Land Settles

  • Legal Consultation: Expert guidance on whether a succession certificate is required and help with document preparation.

  • Petition Filing and Court Representation: Our legal professionals file petitions, handle court processes, and ensure timely issuance of the certificate.

  • Document Preparation: Assistance in collecting and submitting necessary documents like the death certificate and family details.

  • Dispute Resolution: In case of conflict among heirs, our team provides mediation and legal representation to resolve issues efficiently.

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