Probate Petition (Pakistan)

A Probate Petition in Pakistan directs how the testator's estate is to be distributed after death and appoints the executors who will administer it.

The Succession Act 1925 is the principal statute governing succession, wills, and the administration of estates in Pakistan for non-Muslims. For Muslim citizens of Pakistan, Islamic personal law governs inheritance and succession — the West Pakistan Muslim Personal Law (Shariat) Application Act 1962 applies the Hanafi rules of faraid for determining the shares of heirs — but Muslim testators may still make wills (wasiyyah) under Islamic law, and the Succession Act 1925 procedures for obtaining probate or letters of administration are followed by Pakistani courts across communities in practice, since Pakistani courts do not have a separate probate regime for Muslim estates.

Section 211 of the Succession Act 1925 defines probate as the copy of a will certified under the seal of a court of competent jurisdiction, together with a grant of administration to the estate of the testator. Section 212 of the Succession Act 1925 defines letters of administration as the grant made by a court of competent jurisdiction authorising one or more persons to administer the estate of a deceased who died intestate (without a valid will). The District Court of the district where the deceased was ordinarily resident at the time of death, or where any part of the estate is situated, has jurisdiction to grant probate and letters of administration under Section 264 of the Succession Act 1925.

The Code of Civil Procedure 1908 (CPC) governs the procedural aspects of probate proceedings before Pakistani courts — the filing of the petition, the service of notice on interested parties, the publication of notice in the official gazette for third-party claims, the recording of evidence, and the issuance of the probate or administration order. Order XXX of the Code of Civil Procedure 1908 contains special provisions for suits by and against executors and administrators.

The court fees payable on a probate petition in Pakistan are prescribed under the Court Fees Act 1870 and the applicable provincial court fees schedule — fees are typically calculated on an ad valorem basis as a percentage of the gross value of the estate. The Court Fees Act 1870 requires an affidavit of the estimated value of the estate to accompany the probate petition.

For Christian communities in Pakistan, the Probate and Administration Act 1881 applies alongside the Succession Act 1925 to regulate probate proceedings specifically for Christian testators. For Parsi communities, the Parsi Succession Act 1865 governs succession, with the Succession Act 1925 applying where the Parsi Act is silent.

A Probate Petition in Pakistan is required in several circumstances relating to the administration of a deceased person's estate, particularly where the estate contains significant assets that require court-authorised administration.

A Probate Petition is required when a deceased person left a valid will (wasiyyah) naming an executor, and the executor wishes to obtain the court's official recognition of their authority to act — probate of the will confirms the will's validity and grants the executor legal authority to deal with the deceased's bank accounts, investments, immovable property, and other assets on behalf of the estate.

A Probate Petition is needed when the deceased died intestate (without a will) and a family member or creditor wishes to be appointed as administrator of the estate — letters of administration grant the appointed administrator the same authority as a probate-appointed executor to collect and distribute the estate under the applicable succession law.

A Probate Petition is required when a bank, insurance company, or government authority in Pakistan refuses to release the deceased's assets — fixed deposits, savings accounts, insurance proceeds, provident fund balances, or Share certificates — without a court probate order or letters of administration establishing who has the legal authority to receive those assets on behalf of the estate.

A Probate Petition is needed when the deceased's estate includes immovable property (land and buildings) in Pakistan that must be transferred to the heirs — the transfer of property in the deceased's name to the names of the heirs typically requires either a succession certificate from the District Court under Sections 370-390 of the Succession Act 1925 (for movable property) or probate/letters of administration for the execution of the transfer deed before the Sub-Registrar.

A Probate Petition is required when there is a dispute among the deceased's family members about the validity of the will — for example, where some heirs allege the will was forged, that the testator lacked testamentary capacity, or that the will was made under undue influence — and the court must adjudicate the competing claims before issuing or refusing probate.

A Probate Petition is needed when the deceased was an overseas Pakistani or a foreign national with assets in Pakistan, and the foreign executor or administrator needs to obtain Pakistani court recognition of their authority through a probate or administration order issued by the Pakistani District Court having jurisdiction over the assets.

A Probate Petition is required when the deceased's estate has outstanding debts — loans from banks or individuals, unpaid taxes to FBR, or other liabilities — and the administrator needs the court's authorisation to pay those debts in the correct order of priority under the Succession Act 1925 before distributing the residue to the heirs.

A valid Probate Petition filed before the District Court in Pakistan under Part IX of the Succession Act 1925 and the Code of Civil Procedure 1908 must contain the following essential elements.

Court and Jurisdiction: The petition must be addressed to the District Judge of the district where the deceased was ordinarily resident at the time of death, or the district where any part of the deceased's estate is situated, in accordance with Section 264 of the Succession Act 1925. For large estates where the District Court's pecuniary jurisdiction is insufficient, the petition is filed before the relevant High Court.

Petitioner's Identity: Full name, CNIC number, age, address, and relationship to the deceased of the petitioner — who must be either the named executor in the will (for a probate petition) or a person with a legal interest in the estate (for a letters of administration petition), such as a legal heir, creditor, or legatee.

Deceased's Particulars: Full name of the deceased, address at the time of death, date of death confirmed by the death certificate issued by the Union Council or NADRA, CNIC number of the deceased, nationality, and religion. The religion of the deceased is relevant because it determines the applicable personal law governing the distribution of the estate (Hanafi law for Sunni Muslims, Shia law for Shia Muslims, Christian Succession Act for Christians).

Description of the Will (for Probate): Where the petition is for probate of a will, the original will must be exhibited with the petition. The petition must describe the will — the date of execution, the place where it was made, the names of witnesses who attested the will, whether the will was signed or made orally, and the testator's testamentary capacity at the time of making the will. Section 59 of the Succession Act 1925 requires that the testator was of sound mind and not a minor at the time of making the will.

Statement of Heirs and Interested Parties: A complete list of all legal heirs of the deceased — their names, ages, CNICs, addresses, and relationship to the deceased — and all other persons having an interest in the estate (legatees under the will, creditors, or persons with a claim against the estate). These persons must be served with notice of the probate petition under the Code of Civil Procedure 1908 and given an opportunity to object.

Schedule of Assets and Liabilities: An inventory of the deceased's estate — immovable property (with PLRA Fard numbers and District Collector valuations), bank accounts (with bank names, branch addresses, and approximate balances), investments (shares, mutual funds, prize bonds, and National Savings certificates), vehicles (with registration details), jewellery, and other movable property. The gross estimated value of the estate must be stated for calculating court fees under the Court Fees Act 1870.

Affidavit of Value: An affidavit by the petitioner under the Court Fees Act 1870 and the Qanun-e-Shahadat Order 1984 affirming the estimated gross value of the estate, on the basis of which the court fee is calculated and paid.

Prayer: The specific relief sought from the court — grant of probate of the will and appointment of the petitioner as executor, or grant of letters of administration and appointment of the petitioner as administrator — with authority to collect and realise all assets of the estate and to distribute the same in accordance with the will or the applicable personal law.

Verification: The petition must be signed and verified by the petitioner on oath before the court or before an Oath Commissioner or Notary Public under the Oaths Act 1873, in the manner prescribed under Order VI Rule 15 of the Code of Civil Procedure 1908.

Forms-legal.com provides this Probate Petition (Pakistan) template as a practical guide for estate administration proceedings under the Succession Act 1925. Probate proceedings — particularly where the will is contested, where the estate is large, or where the deceased had cross-border assets — require the services of a qualified Advocate enrolled at the relevant Bar Council (Lahore Bar, Sindh Bar, Peshawar Bar, Quetta Bar, or Islamabad Bar) with experience in succession and probate law.