A Dubai inheritance certificate for expats is a formal court-issued document that legally identifies the heirs of a deceased person. This certificate, also known as a succession or heirs certificate, is the primary legal instrument required to manage and distribute the deceased’s assets located within the UAE. The process of obtaining this certificate is governed by a specific legal framework that depends on whether the deceased was a Muslim or non-Muslim and whether they left a registered will. For expatriates, understanding this procedure is fundamental to transferring assets like bank accounts, property, and company shares to their rightful beneficiaries. This guide provides a factual overview of the legal pathways and procedural steps involved.
The Legal Framework Governing Inheritance for Expats in Dubai
The inheritance process for expats in Dubai is primarily governed by Federal Decree-Law No. 28 of 2005 concerning Personal Status. This law, which is based on Sharia principles, is the default legal framework applied to the inheritance of all Muslims in the UAE. Historically, it was also applied to non-Muslims who died without a will. However, Federal Decree-Law No. 15 of 2017 concerning the probate of wills of non-Muslims introduced a significant change. This decree allows non-Muslims to have their inheritance distributed according to the terms of a will registered with specific authorities, such as the DIFC Wills and Probate Registry, thereby opting out of the default application of Sharia law.
The Inheritance Certificate: Definition and Purpose
An inheritance certificate is a judicial decree that formally declares the legal heirs of the deceased and specifies their respective shares in the estate. Its primary purpose is to serve as conclusive proof of heirship for third parties holding the deceased’s assets. Banks, the Dubai Land Department, the Department of Economy and Tourism (DED), and free zone authorities will not release, transfer, or re-register assets to beneficiaries without this official certificate. The certificate effectively unlocks the estate, allowing heirs to legally claim their inheritance. It is a foundational document for the entire probate and asset distribution process within the UAE.
The Procedural Pathway for Obtaining an Inheritance Certificate
The procedure for securing an inheritance certificate follows one of two distinct pathways, depending on the deceased’s faith and whether a will was registered. The choice of pathway determines the governing authority, the applicable law, and the overall timeline. Expats must understand which scenario applies to their situation to initiate the correct process.
Scenario 1: For a Non-Muslim with a Registered Will
If a non-Muslim expat registered a will with the DIFC Wills and Probate Registry or the ADGM Wills, Probate and Registry, the process bypasses the Dubai Courts. The executor named in the will files a probate application with the relevant registry. The registry validates the will and issues a “Grant of Probate.” This document serves a similar function to an inheritance certificate, granting the executor the legal authority to distribute the assets according to the explicit instructions in the will. This process is generally faster, more private, and conducted in English.
Scenario 2: For a Non-Muslim or Muslim Without a Registered Will
If the deceased was a Muslim, or a non-Muslim without a registered will, the inheritance is processed through the Dubai Courts’ Personal Status division. An heir must file an inheritance case. The court then appoints a legal expert from the Dubai Judicial Department. This expert’s role is to create a family tree and calculate each heir’s share according to the fixed distribution rules of Sharia law. The court reviews the expert’s report and, upon approval, issues the official inheritance certificate.
Essential Documents for the Inheritance Certificate Application
A comprehensive set of documents is required to initiate the inheritance case in Dubai Courts or the probate application in DIFC/ADGM. The accuracy and completeness of these documents are critical for a smooth process. Missing or incorrect paperwork can lead to significant delays. Multicorp Dubai assists in compiling and verifying all necessary documentation to ensure compliance with the requirements of the respective authority.
- The original death certificate of the deceased, attested by the Ministry of Health and MOFAIC.
- Original passports and Emirates IDs of the deceased and all legal heirs.
- The deceased’s original Emirates ID card and family book (Khulasat Al Qaid), if applicable.
- The original marriage certificate of the deceased.
- Original birth certificates of all children.
- A certified copy of the will, if one exists.
- Title deeds for any real estate owned by the deceased.
- Statements from all bank accounts of the deceased.
- A list of all other assets and liabilities of the estate.
The Role of the Dubai Courts in the Inheritance Process
For cases without a registered will, the Dubai Courts are the sole governing authority. The process begins at the Court of First Instance (Personal Status Court). A key procedural step is the court’s appointment of a neutral inheritance expert. This expert investigates the family structure, verifies the legal status of all potential heirs (e.g., confirming marital status and number of children), and prepares a detailed report with a family tree and a calculation of each heir’s Sharia-mandated share. The court’s judgment formalizes this report, and the resulting inheritance certificate is a binding legal order for all institutions in the UAE.
The DIFC Wills and Probate Registry: An Alternative Path
The DIFC Wills and Probate Registry provides a common law-based alternative for non-Muslim expats. By registering a will here, individuals can dictate the distribution of their Dubai and Ras Al Khaimah assets, appoint guardians for minor children, and specify an executor. The probate process is conducted in English and is not public. The registry issues a Grant of Probate, which empowers the executor to act. This pathway offers certainty, privacy, and efficiency, contrasting with the more rigid and public process of the Dubai Courts. It is a proactive tool for estate planning that avoids the default Sharia law application.
Asset Distribution and Transfer After Receiving the Certificate
Once the inheritance certificate or Grant of Probate is obtained, the practical work of asset distribution begins. For bank accounts, the heirs or executor present the certificate, the death certificate, and their identification documents to each bank to freeze the accounts and subsequently release funds according to the court’s order. For real estate, the certificate and a court-issued execution order are submitted to the Dubai Land Department to effect the transfer of property titles to the heirs. For company shares, the certificate is required by the DED or relevant free zone authority to amend the commercial license and re-register the shares in the names of the new owners.
The Procedural Function of Multicorp Dubai in Inheritance Matters
Multicorp Dubai provides a defined procedural service to families navigating the inheritance process in Dubai. The firm’s role begins with advising on the correct legal pathway based on the existence of a will and the deceased’s faith. Multicorp Dubai manages the entire filing process, whether it is an inheritance case in the Dubai Courts or a probate application in the DIFC. The firm liaises with the court-appointed expert, prepares and submits all required documentation, and coordinates with banks and government departments to facilitate the seamless transfer of assets to the rightful heirs.
Frequently Asked Questions (FAQs)
Is Sharia law automatically applied to my assets if I die in Dubai?
Yes, if you are a Muslim or a non-Muslim who dies without a registered will in the UAE, Federal Decree-Law No. 28 of 2005 dictates that Sharia principles of inheritance are applied to your UAE-based assets.
How long does it take to get an inheritance certificate from Dubai Courts?
The process in Dubai Courts typically takes between 3 to 6 months. The duration depends on the complexity of the family structure, the availability of all heirs, and the court’s current caseload.
What is the main advantage of registering a will with the DIFC?
The main advantage is that your assets will be distributed according to your wishes as written in the will, not according to Sharia law. It also provides a faster, more private, and English-language probate process.
What happens if an heir is based outside the UAE?
An heir outside the UAE can still be named in the inheritance certificate. They may need to grant a Power of Attorney to a representative in the UAE to manage the asset collection process on their behalf.
Can I contest the shares calculated in an inheritance certificate?
Contesting the shares is extremely difficult. The court-appointed expert calculates shares based on the fixed rules of Sharia law. The court’s role is to verify the expert’s application of these rules, not to alter them.