In the earlier blogs, we looked at why making a Will is simple and essential, and how to draft one effectively. But what if you don’t make a Will at all?
When someone dies intestate—meaning, without a valid Will—the family is left navigating a long, expensive, and emotionally draining legal process. Let’s break it down.
This page is part 4 of a 6 part blog, the previous part is titled "Drafting a Will - Guidelines and tips"
The Legal Process of Intestate Death
If you pass away without a Will, your heirs will have a lot of trouble transferring your investments and properties. Your heirs will have to go through the courts to claim your assets. A lot of paperwork is needed:
- They need to locate and list all the Assets
- The family must go through all your records, and prepare a complete list of all your properties, bank accounts, and investments which is submitted to the court. If you have not been methodical then finding the originals also may take a long time. This is the single list to be listed in the court order. If you miss out on something, the court process has to be repeated.
- Applying to the Court
- A lawyer files for a Succession Certificate or Letter of Administration (LoA).
- Court Hearings
- All heirs must attend hearings in person, sometimes traveling from different cities or even abroad.
- Delays are common—hearing dates are often postponed at the last minute.
- Costs and Fees
- The process usually takes at least two years.
- Court fees are a percentage of the total value of assets (including property) which can become lakhs of rupees at the least.
- Lawyer’s fees and repeated visits add further financial burden.
- Transfer of Assets
- Once the judgment is passed, heirs must then send affidavits and letters to each bank, registrar of shares or funds, and other agencies to get assets transferred. This is a time-consuming process. Any financial asset not used or accessed for 7 years goes into the Investor Education & Protection Fund.
ЁЯТб Just making a nomination doesn’t solve the problem. While a nominee can temporarily take control of funds, the legal heirs must still prove ownership through succession laws. The Nominee cannot spend any money transferred to her, legally speaking. Many MF houses insist on a Will or a court order if the value of funds exceeds certain value. Here is a link to one such document of a particular MF house, just as an example. It is clear that without a Will the paperwork is immense, and with a Will, the transition is smooth.
A Probate is no longer required in India.
A very positive step taken by the Government by the enactment of the Repealing and Amending Act in December 2025, is the removal of Section 213 of the Indian Succession Act, 1925. A Probate for a Will is no longer mandatory. A written Will signed by two witnesses, shall be considered valid without Probate. In case there is a dispute, a Probate may also be demanded by institutions before transferring assets. However, without a Will, there are lengthy Succession proceedings in Courts, which are time consuming and expensive.
Income Tax procedures after death
The taxman doesn’t stop his work after death. The legal heir must log in to the account of the deceased and apply to file the final return as a legal heir. For this:
- First ensure all the bank accounts and investments are closed / transferred to the joint holder or nominee. Without this there will be income shown in the AIS the following tax year.
- Log into the IT Dept portal with your own credentials > Register to Act on Behalf of Another Person > Estate of deceased. Upload the death certificate, PAN cards of the deceased and yourself. You need to upload a proof that you are a legal heir - this and important use of the Will. A copy of the Will or an Heir-ship certificate from the local Talathi or a Court order appointing the executor/s is needed.
- The Income Tax Department will approve the application to file returns on behalf of the deceased.
- Thereafter, pay pending taxes or claim refunds under your own (the heir’s) login as 'Heir' by filing ITR on the due date.
This process is smoother if a Will clearly identifies the heir. Without one, it becomes yet another legal headache to prove the identity of the one legal heir to file the ITR.
Why This Matters
Without a Will, your loved ones are forced into endless paperwork, legal fees, and family disputes. Instead of grieving and healing, they spend years battling bureaucracy.
The solution is simple: make a Will today. A few hours of your time can save your family years of pain.
Final Thoughts
Dying intestate is not just a personal choice—it’s a burden you leave behind for your family and loved ones.
In the next blog, we’ll look at an often-overlooked topic: Living Wills and Advance Medical Directives, along with an overview of the Hindu Succession Act. These can be just as important in planning for the future. The link is here.
This page is from a 6 part series of posts. The complete indexed list of links is below.
Make your Will now – Part 1 of 6
Key terms in Making a Will- Nominations Beneficiaries Part 2of 6
Drafting a Will - Guidelines and tips Part 3 of 6
Without a Will - Burdens on your loved ones after you pass -Part 4 of 6
Living Will or Advanced Medical Directives - Post 5 of 6
Some examples, discussions and clarifications - Post 6 of 6 (to be published)
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