Heirs living in the United States can obtain a succession certificate in India through a power of attorney holder. Affidavits and no-objection statements are notarised and apostilled in the US, the petition is filed in the district court where the parent lived, and the heir's statement is usually recorded by video link. The inheritance is not taxed in India, but US persons must report large foreign inheritances.
- Document route
- Notary + state apostille, or consulate
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- District court and revenue office
- Travel to India
- Usually none
How it works from the USA
We begin by listing every asset and checking for nominations, because a nominated deposit or demat account can be released without a court order. For the rest, the petition names all heirs. Siblings in different US states or countries each sign a no-objection affidavit before a local notary with apostille, and typically authorise one sibling or our advocate to act. The court publishes a notice, waits the statutory period and then records the petitioner's statement, scheduled for US morning or evening.
Once granted, we lodge the certificate with each bank and registrar and follow the claims to payment into your NRO account. Land and houses do not need a succession certificate; they are transferred by mutation on the will or heirship proof, which we handle alongside.
What is different for NRIs in the USA
- A US person who receives more than one hundred thousand dollars from a foreign estate reports it on Form 3520; it is a disclosure, not a tax.
- A death certificate issued in the US for a parent who died there must be apostilled before Indian use.
- Inherited funds can be remitted to the US within the one million dollar annual limit.
Step by step from the USA
Free review call
Calls are held in your evening or early morning, which is the Indian working day. We read your papers on a succession certificate or inheritance claim first, so the call is about your options and not a repeat of the facts.
Authority from USA
Where a representative must act for you in India on a succession certificate or inheritance claim, you sign before a US notary and obtain the apostille of your state, or attend the Indian consulate for your state. We draft the document and send signing instructions.
Work in India
In India, we file the petition, publish the court notice, lead your evidence by affidavit or video and collect the certificate. Updates for clients in the USA go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the certified court order and we help present it to each bank, company and registry. Originals are couriered to your address in the USA if you need them.
The law in full
This page covers what changes when you handle a succession certificate or inheritance claim from the USA. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Succession Certificate & Inheritance. For other matters, see all legal services for NRIs in the USA or the Inheritance, Wills & Documents practice area.
Questions from NRIs in the USA
Do all siblings in the USA have to appear in the Indian court?
No. One heir petitions and the others give apostilled no-objection affidavits. Statements can be recorded by video conference.
Is inheritance from India taxable in the USA?
An inheritance is generally not income for US federal tax, but it must be reported on Form 3520 above the threshold, and later income from the assets is taxable. Confirm with a US tax professional.
How long does a succession certificate take when heirs are in America?
Typically four to eight months if uncontested, mainly because of the court's notice period. Document preparation in the US adds two to three weeks.