A US resident can make a separate Indian will covering assets in India, signed with two witnesses, which avoids conflicts with a US revocable trust or will. When a parent in India dies, the heirs abroad can apply for probate or letters of administration in India through an attorney holder. Where the deceased left a US will that was probated in America, an Indian court can grant letters of administration with that will annexed under section 228 of the Indian Succession Act.
- 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
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from the USA: how it works
For your own planning, we draft an India-only will that deals with Indian immovable property, bank accounts and shares, and includes a clause preserving your US will for American assets so one does not revoke the other. It can be signed in the US before two witnesses, who should not be beneficiaries. Registration in India is optional, but a notarised and apostilled declaration of execution helps if the witnesses later live in different states and are hard to trace. We also advise on nominee clauses, which in India do not override a will.
When a death has already happened, we establish which law governs succession: the Hindu Succession Act for Hindus, Sikhs, Jains and Buddhists, the Indian Succession Act for Christians and Parsis, or Muslim personal law. We then decide whether probate, letters of administration, a succession certificate or a simple mutation is enough. US-resident heirs sign consents and affidavits before a notary with apostille, and the court can record any necessary evidence by video. Watch for relatives in India who apply for mutation without notice to heirs abroad.
What clients in the USA should know
- A US revocable living trust generally does not control immovable property in India; Indian land needs an Indian will or transfer.
- Inheriting Indian assets is not taxed as income in India, but US persons must report large foreign inheritances on Form 3520.
- US estate tax may apply to worldwide assets of US citizens, so the Indian will should be coordinated with your US estate planner.
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 Wills & Probate, or see all services for clients in the USA and the Inheritance & Documents practice area.
Questions from clients in the USA
Can I sign my Indian will in the US?
Yes. Indian law requires signature and two attesting witnesses; it can be signed anywhere. We provide execution instructions and a witness checklist.
Will a US probate order work in India?
Not by itself, but it is the basis for letters of administration with the will annexed under section 228, which is usually quicker than proving the will afresh.
Do my siblings in the US need to come to India?
Usually not. Their consents can be signed before a US notary with apostille, and objections, if any, can be dealt with by video evidence.