In India, when a deceased person passes away, their assets, liabilities, and responsibilities do not simply disappear.
Instead, they form part of the estate of the deceased, which needs to be distributed or managed according to Indian laws, family arrangements, and sometimes religious or cultural norms.
This article is a comprehensive guide on what happens after a person’s death, what steps family members need to take, and common legal terms and processes for readers to understand.
Who Is A Deceased Person?
A deceased person refers to an individual who has passed away. Upon the death of a person, their rights, responsibilities, and possessions become part of what is called the estate of the deceased.
This includes all movable and immovable property, money in bank accounts, investments, personal belongings, and liabilities like loans or debts.
Immediate Steps To Take After Death
- Obtain a Death Certificate
The death certificate is the most important document to initiate any legal or financial process. - Inform Family Members and Authorities
Notify close relatives, employers, banks, and relevant institutions. - Locate the Will (if available)
If the deceased person left a Will, it guides the distribution of the estate. - Secure the Property and Assets
Ensure that bank accounts, lockers, and real estate are secured. - Apply for a Succession Certificate or Probate (if required)
In the absence of a Will, the family needs to apply for legal rights to manage or inherit the estate.
What Is The Estate Of A Deceased Person?
The estate of a deceased person includes:
- Immovable assets (land, houses, apartments)
- Movable assets (vehicles, jewellery, cash, investments)
- Bank accounts, shares, and mutual funds
- Liabilities (loans, credit card debts, tax dues)
It is essential to manage the estate systematically for proper transfer and settlement.
Legal Heirs & Succession
The process depends on whether the deceased person left a Will or not.
1. With a Will (Testate Succession)
- The estate is divided as per the Will.
- The Executor named in the Will distributes the assets.
- Probate may be required for certain properties.
2. Without a Will (Intestate Succession)
- The Hindu Succession Act, Indian Succession Act, or personal law applies.
- Legal heirs, including spouse, children, and parents, have rights to the estate.
- Apply for a legal heir certificate or succession certificate.
Common Legal Documents Required
- Death certificate
- Will or testament (if available)
- Succession certificate
- Legal heir certificate
- Property papers
- Bank account details
- Loan documents
Key Processes Explained
1. Probate
Probate is the court process of validating a Will. It is necessary in the case of immovable property in metro cities like Mumbai, Chennai, and Kolkata.
2. Succession Certificate
This certificate gives legal heirs the authority to collect debts, securities, or other assets of a deceased person.
3. Legal Heir Certificate
It identifies the rightful heirs to the estate and is often required for pension claims or property transfers.
Responsibilities Of The Family
- Pay off outstanding debts and taxes from the estate
- Distribute assets to legal heirs
- File the deceased person’s last income tax returns
- Close bank accounts or transfer them to heirs
- Update property records and utility bills
Common Challenges Faced By Families
- No clear Will or documentation
- Family disputes over property
- Unpaid debts or unknown liabilities
- Delays in obtaining legal certificates
- Lack of knowledge about the process
Important Tips For Families
- Safeguard key documents and assets
- Get professional legal help if needed
- Maintain transparent communication with all family members
- Follow legal processes to avoid future disputes
- Understand tax implications and file required returns
Cultural & Emotional Aspects
Managing the affairs of a deceased person involves not just legal steps but also emotional healing. Families should come together with sensitivity, especially when discussing inheritance and asset division.
Frequently Asked Questions (FAQs)
Q1. What happens to the property of a deceased person without a Will?
The estate is divided according to Indian succession laws, and legal heirs need to apply for certificates.
Q2. Who pays the debts of a deceased person?
Debts are settled from the estate before distributing remaining assets.
Q3. How long does the succession process take?
It can take 3–12 months, depending on the complexity and state regulations.
Q4. Can legal heirs sell a deceased person’s property?
Yes, after obtaining legal rights and clearing dues.
Q5. What if family members disagree on asset division?
Disputes may require mediation or court intervention.
The Bottom Line: How Yellow Can Help
Dealing with the estate of a deceased person can be a complex process, but with proper planning, legal guidance, and family cooperation, it can be handled smoothly.
Understanding the laws of succession, obtaining the right documents, and ensuring fair distribution of assets will help families honour the wishes and responsibilities left behind by their loved ones.
If you are navigating such a process, consider consulting a qualified lawyer to guide you through the legal and emotional journey.
At Yellow, we can help you with all aspects of estate planning, including Wills, Trusts, Powers of Attorney, Gift Deeds, Legal Heir and Succession Certificates, and Living Wills. We also offer post-demise and asset transfer services. Our team of legal experts has more than 50 years of combined experience.
