As featured in
probate
Court fees on probate are governed by state law, not central legislation. Each state's Court Fees Act sets its own slabs and caps.
States have taken varying approaches: some cap at modest amounts (Maharashtra at ₹75,000), others allow higher slabs but with practical caps. A few states have relatively minimal fees.
Fees are calculated on the estate value covered by the Will or subject to the LoA — not on the value of specific bequests.
Court Fees Act 1959 (Maharashtra amendments).
Structure: slab-based, from 2% at low values scaling to 7.5% at higher values.
Cap: currently ₹75,000 for standard estates.
For estates above the cap, additional fees may apply for specific interlocutory applications but the base probate/LoA fee is capped.
Payment: through court fee stamps or online.
Practical impact: for estates in Mumbai above ₹1 crore, the ₹75,000 cap makes probate relatively affordable in percentage terms.
Karnataka Court Fees and Suits Valuation Act 1958.
Structure: percentage-based on estate value.
Cap: currently ₹50,000.
For most Karnataka probate proceedings (Bengaluru, Mysuru, Mangaluru), estimate court fees at 2-4% of estate value, capped at ₹50,000.
Advocate fees additionally: ₹40,000-₹1.5 lakh.
Tamil Nadu Court Fees and Suits Valuation Act 1955.
Structure: slab-based with escalating rates.
Cap: currently ₹1 lakh for most cases.
Chennai probate proceedings are among the more expensive in India by court fee, but processing is generally efficient.
Bengal Court Fees Act 1870 (with subsequent amendments).
Structure: percentage of value, historically progressive.
Cap: currently around ₹75,000.
Calcutta High Court testamentary jurisdiction is well-established with efficient processes for uncontested probates.
Court Fees Act 1870 (Delhi amendments).
Structure: slab-based.
Cap: currently around ₹75,000-₹1 lakh depending on estate size.
Delhi has both District Court testamentary jurisdiction (for standard estates) and Delhi High Court (for higher-value or contested cases).
Gujarat Court Fees Act 1959.
Structure: percentage-based.
Cap: currently around ₹50,000.
Gujarat probate proceedings are typically efficient. Ahmedabad, Surat, and Vadodara District Courts handle most testamentary matters.
Court Fees Act 1870 (UP amendments).
Structure: percentage-based.
Cap: variable by court and case complexity, typically ₹50,000-₹1 lakh.
UP has many district courts handling testamentary matters. Timelines vary by court workload — Lucknow and Allahabad courts are typically more efficient than smaller-city courts.
Rajasthan Court Fees and Suits Valuation Act 1961.
Structure: percentage-based on value.
Cap: ₹40,000-₹75,000 depending on case type.
Kerala Court Fees and Suits Valuation Act 1959.
Structure: percentage-based.
Cap: ₹1 lakh currently for most testamentary matters.
Kerala has significant Christian population — Christian probate proceedings under Section 213 ISA are common in Kerala courts.
Punjab, Haryana, Himachal Pradesh: cap generally ₹40,000-₹75,000.
Madhya Pradesh, Chhattisgarh: cap generally ₹50,000-₹75,000.
Odisha, Jharkhand, Bihar: cap generally ₹40,000-₹75,000.
Northeastern states, Goa, Union Territories: verify locally, generally in similar range.
Advocate fees: ₹40,000-₹2 lakh for uncontested probate. ₹5-25 lakh for contested cases.
Notary and stamp costs on supporting documents: ₹5,000-₹25,000.
Publication costs for general citation notices: ₹5,000-₹20,000 for newspaper publication.
Certified copies and court miscellaneous fees: ₹5,000-₹15,000.
Total budget for uncontested probate: typically ₹1.5-4 lakh across all costs for standard estates.
Budget probate costs into estate planning. For substantial estates, include an amount in the Will directed to cover probate costs — either from a specific reserve or from the residuary.
For testators uncertain about future estate value, consult about strategies to manage court fees — e.g., careful valuation, splitting bequests to reduce single-application values (rarely used but occasionally strategic).
For most middle-class estates, probate costs are 1-3% of estate value. For large estates in capped states, costs can be under 0.5% of estate value.
For very large estates (₹10+ crore), the capped fee structure means probate costs are proportionally very small.
This is general legal information, not legal advice. For your specific situation, consult a Law Tarazoo advocate.
Start with the ₹5,000 Online Will — advocate-reviewed, delivered in your inbox in 30 minutes. Or book a 60-minute Personalised consult at ₹25,000.
Start My Will →
