A succession certificate from an Indian civil court lets legal heirs collect a deceased person's debts and securities, such as bank deposits, shares and dues. Heirs in the US sign the petition affidavit and consents before a notary with a state apostille. The court publishes a notice, waits for objections and grants the certificate, which banks and companies accept to release the money.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Law
- Part X, Indian Succession Act 1925
- Court
- District Judge where the deceased lived
Succession Certificate from the USA: how it works
The petition is filed in the district court where the deceased ordinarily lived or where the assets are, listing all heirs and the assets to be covered. Every heir must either join the petition or give a no-objection affidavit. Families spread across US states sign separately before local notaries, and each document is apostilled by the relevant Secretary of State. We prepare a single checklist so nothing comes back for correction, and we collect bank and company statements of the amounts outstanding.
The court issues a public notice and usually grants the certificate within a few months if nobody objects. Court fees are a percentage of the asset value and differ by state. Once granted, we submit the certificate to each bank, depository and employer and follow up until the money is credited, normally into an NRO account. From there, the inheritance can be sent to the US within the NRO repatriation limit.
What clients in the USA should know
- Smaller bank balances can sometimes be released on the bank's own indemnity procedure without a court certificate; we check this first to save time.
- Immovable property is not covered by a succession certificate; it passes by inheritance and is recorded through mutation or, where needed, probate or a declaration suit.
- US persons receiving inheritance above the IRS foreign gift threshold should report it on Form 3520.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
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 the USA where needed.
The full guide
This page covers what changes when you are in the USA. 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 the USA and the Inheritance & Documents practice area.
Questions from clients in the USA
Do all siblings need to sign?
Yes, each heir either joins as petitioner or gives a no-objection affidavit. Those in the US sign before a notary with an apostille.
How long does it take?
Typically three to six months if uncontested, longer if a relative objects.
Can one sibling collect on behalf of all?
Yes, if the others consent, the certificate can be granted to one heir, who then distributes the money.