Heirs living in Australia can obtain a succession certificate without travelling. A petition is filed in the district court where the deceased lived or held assets, listing the debts and securities. Heirs abroad sign consents or a no-objection affidavit before an Australian notary, apostilled by DFAT. The court publishes notice, hears any objections and, if satisfied, grants the certificate, which the banks and companies then accept to release the funds.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Law
- Part X, Indian Succession Act 1925
- Court
- District Judge where the deceased lived
Succession Certificate from Australia: how it works
We collect the death certificate, details of each bank account, deposit, share and fund, and the list of legal heirs under the applicable succession law. Heirs in Australia sign consent affidavits, and if one heir is to receive the certificate on behalf of all, the others sign a no-objection. Signatures are made before a notary public, apostilled by DFAT and couriered. We also prepare an affidavit describing the family tree, because courts and banks rely on it heavily when heirs live in several countries.
In India the petition is filed under Part X of the Indian Succession Act, a citation is published in a newspaper and served on relatives, and the court waits for objections. The court may ask for an indemnity bond and surety before issuing the certificate, and court fee is calculated as a percentage of the value of the debts and securities, which differs from state to state. Uncontested petitions commonly take a few months. A succession certificate covers debts and securities only; land and houses usually pass through mutation or a legal heir certificate.
What clients in Australia should know
- A surety for the indemnity bond normally has to be someone in India with assets, so families in Australia should identify a willing relative early.
- Australian death certificates issued by the state Registry of Births, Deaths and Marriages can be apostilled by DFAT directly without a notary.
- If an Australian grant of letters of administration already exists, it may be quicker to use that grant as the base for an Indian grant rather than a succession certificate.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Succession Certificate, or see all services for clients in Australia and the Inheritance & Documents practice area.
Questions from clients in Australia
Can my brother in India apply while I stay in Australia?
Yes. He can be the petitioner, and you sign a consent or no-objection affidavit in Australia so that the court knows all heirs agree.
Is a succession certificate needed for my father's house in India?
Usually not. Immovable property is transferred through mutation based on a legal heir certificate, a will or a family settlement. The certificate is for bank deposits, shares and similar securities.
How much does it cost?
The court fee depends on the state and the value of the assets, and our fee depends on the number of assets and heirs. We give a written estimate after reviewing the asset list.