Probate, Letters of Administration and Certificates of Heirship in Sri Lanka: What Is the Difference?

A father dies leaving a house and money in a bank account. His wife and children know that they may be entitled to inherit. However, when they try to deal with the property, they are told that legal documents are required. They hear three expressions: probate, letters of administration and certificates of heirship. What do they mean, and which one might the family need?

Probate is a court grant associated with a deceased person's valid last will. Where the will appoints an executor, the executor may apply to the appropriate District Court to have it proved and receive authority to administer the estate.

For example, if a mother leaves a house to her daughter, the executor may need probate before the property can be dealt with through the required legal process.

Letters of administration authorise a person, called the administrator, to deal with a deceased person's estate. They are commonly obtained where no will exists. Letters may also be granted with the will annexed if a will exists but a suitable person other than an executor obtaining probate must act.

The administrator identifies assets, deals with valid debts and distributes property according to law. The grant does not make the administrator the sole beneficial owner.

A certificate of heirship is a court-issued document identifying heirs. In appropriate intestate cases, certificates may identify heirs and their agreed shares. They are not a substitute for active estate administration in every case; the court may decide letters of administration are necessary.

These applications generally come before the appropriate District Court. Jurisdiction depends on statutory connections such as the deceased's residence, the applicant's residence or the location of estate land.

Applying in the wrong court or without necessary information can delay dealing with property. Court jurisdiction should be checked before filing.

Yes. The Civil Procedure Code contains requirements for certain intestate estates valued at Rs. 4 million or more. Section 525 imposes a reporting duty on the surviving spouse or next of kin where a person dies in Sri Lanka without a will and leaves property in Sri Lanka meeting the statutory threshold.

But the threshold does not mean every smaller estate is free from court procedure or transfer documentation.

Interested persons may object to an application through the prescribed process, for example disputing a will or the applicant's entitlement to administer the estate. The court may need to resolve disputed facts before issuing the grant.

A person may dispute the identity of an heir, the validity of a will, or who should act as administrator. An objection may require an inquiry and does not automatically establish that the objector is correct.

Not always. Section 545 of the Civil Procedure Code restricts certain transfers. The relevant period, value, existence of a will and available court documents can affect whether a transfer is permitted. Obtain title and succession advice before selling inherited land.

Even when the family agrees on a sale, the purchaser may need reliable documents proving both the seller's title and any required authority to deal with the deceased's estate.

Probate, administration and certificates of heirship have different purposes. Establish whether a will exists, identify the estate and heirs, and then determine the correct procedure.

• Civil Procedure Code, sections 516–545

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