Under the Indian Succession Act 1925, probate is mandatory when all the below conditions are fulfilled-
A Will within the geographical limits of the state of West Bengal and municipal limits of the metro cities of Chennai and Mumbai.
The Will is made by a Hindu, Jain, Sikh or Buddhist residing in the state of West Bengal, Chennai or Mumbai.
The Will deals with movable and/or immovable property situated in the state of West Bengal, Chennai or Mumbai.
So, unless covered by any of these three cases, a probate of a Will is not mandatory. However there is no restriction in law to get a probate of a Will, even if it is not mandatory.
Obtaining a probate is advisable, in cases where there is a probability of the validity of the Will being contested in future on any ground.
How to apply for a probate?
After the death, the executor has to make an application to the court, for issue of a probate. The executor has to attach the original Will with the application. In the application, the executor has to mention the names and addresses of the legal heirs of the deceased.
After the application is submitted, it is verified and then, notices are issued to the legal heirs of the deceased about the fact of application for probate having been received by the court. A general notice is also published, giving an opportunity for raising any objections to the grant of the probate. In case no objections are received by the court, the probate is issued. In case the court receives objections to the issue of the probate, then, the application turns into a testamentary suit.
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