Quick answer: A US will is governed by your state's law and works best for US assets through US probate or alongside a trust. An Indian will is governed by Indian succession law, needs two attesting witnesses, and is what Indian banks, housing societies and registrars expect. For NRIs with assets in both countries, the usual answer is not one or the other but both, each limited to its own jurisdiction.
Key takeaways
- Both require writing, your signature and (in most US states and in India) two witnesses.
- US wills often use a self-proving affidavit with a notary; Indian wills do not need a notary.
- Indian wills can be registered optionally; US wills are generally not registered.
- Probate is common in US states; in India probate is compulsory only in certain situations and places.
Side-by-side comparison
The table summarises typical rules. US requirements vary by state.
| US will (typical state) | Indian will | |
|---|---|---|
| Governing law | State probate code | Indian Succession Act, 1925 + personal law |
| Witnesses | Usually two | Two attesting witnesses (s. 63) |
| Notary | Optional; used for self-proving affidavit | Not required |
| Registration | Not applicable | Optional under Registration Act, 1908 |
| Stamp paper | Not applicable | Not required |
| Probate | Common unless assets are in a trust | Required only in some cases (e.g. wills covering property in Mumbai, Kolkata, Chennai under s. 57); often not needed elsewhere |
| Best for | US real estate, US accounts not passing by beneficiary designation | Indian property, bank accounts, investments |
Why using one will for everything is harder
A single US will covering India typically has to be proved in India, which can require certified probate records from the US and additional court steps. A single Indian will covering US assets would face the reverse problem in US probate court.
Separate, coordinated wills let each country's institutions work with a document in the form they know.
Keeping the two consistent
Use matching names and relationships for beneficiaries, limit each will's scope explicitly, avoid blanket revocation clauses, and review both whenever you marry, divorce, have children, or buy or sell significant assets.
For NRIs
Mention the existence of the other will in each document so executors know to look for it.
Frequently asked questions
- Which will is more important?
- Neither — they cover different assets. The US will or trust handles US assets; the Indian will handles Indian assets.
- Can my US attorney draft my Indian will?
- Some can coordinate the wording, but Indian formalities and asset descriptions are specific. Many NRIs use an India-focused service or lawyer for the Indian will and tell their US attorney about it.
- Does an Indian will need a self-proving affidavit?
- No. That is a US concept. An Indian will is proved through its attesting witnesses if required.