The UAE probate process for non-Muslims is the legal procedure for administering a deceased person’s estate and distributing their assets according to their wishes. This process is governed by a distinct legal framework that provides non-Muslims with options beyond the default application of Sharia law. The pivotal legislation is Federal Decree-Law No. 15 of 2017 concerning the probate of wills of non-Muslims, which allows them to register a will and have their assets distributed according to its terms. The probate pathway chosen depends entirely on whether the deceased registered a will with a designated authority. This guide outlines the two primary procedural routes for non-Muslim probate in the UAE.
The Legal Framework for Non-Muslim Probate
The legal landscape for non-Muslim inheritance in the UAE is a dual system. The default system, governed by Federal Decree-Law No. 28 of 2005 concerning Personal Status, applies the fixed distribution rules of Sharia law to the estate of any non-Muslim who dies without a registered will in the UAE. The alternative system, established by Federal Decree-Law No. 15 of 2017, empowers non-Muslims to opt out of the default system. By registering a will with a specific jurisdiction like the DIFC Wills and Probate Registry or the ADGM Wills, Probate and Registry, they can ensure their assets are distributed according to their home country’s laws or their personal instructions as written in the will.
The Two Primary Probate Pathways for Non-Muslims
For non-Muslims, the probate process in the UAE follows one of two distinct pathways, determined by the existence of a registered will. The first pathway is a testamentary probate process, which is initiated when a non-Muslim has registered a will. This process is handled by the relevant wills registry (e.g., DIFC or ADGM) and follows a common law-based procedure. The second pathway is an intestate inheritance process, which occurs when a non-Muslim dies without a registered will. This process is handled by the local Sharia courts (e.g., Dubai Courts) and applies the principles of Islamic inheritance law.
Pathway 1: Probate with a Registered Will (DIFC/ADGM)
This pathway applies to non-Muslims who proactively registered a will during their lifetime. This is a structured, efficient process designed to give effect to the deceased’s explicit wishes. The governing bodies are the DIFC Wills and Probate Registry (for assets in Dubai and Ras Al Khaimah) and the ADGM Wills, Probate and Registry (for assets in Abu Dhabi and globally). The process culminates in the issuance of a “Grant of Probate,” a legal document that empowers the executor to administer the estate.
The Role of the DIFC Wills and Probate Registry
The DIFC Wills and Probate Registry is a specialized court service that provides a common law framework for non-Muslims to register their wills. Its primary function is to offer certainty and control over the distribution of assets located in Dubai and Ras Al Khaimah. The registry also allows for the appointment of guardians for minor children. The wills are registered in English, stored securely, and remain private. Upon the death of the testator, the registry is the sole authority with jurisdiction to grant probate, ensuring the will’s instructions are followed without the intervention of the local courts.
The Probate Application Process
The probate process begins when the executor named in the will files a probate application with the DIFC or ADGM registry. The application requires the original registered will, the original death certificate (attested by MOFAIC), and the identification documents of the executor and beneficiaries. The registry then validates the will’s authenticity and the executor’s authority. Once satisfied, it issues the Grant of Probate. This document serves as the official legal authority for the executor to collect assets, settle debts, and distribute the estate to the beneficiaries as specified in the will.
Pathway 2: Inheritance Without a Registered Will (Dubai Courts)
If a non-Muslim expatriate dies in Dubai without a registered will, their estate is processed as an intestate case through the Dubai Courts. The court applies Federal Decree-Law No. 28 of 2005, which mandates the distribution of assets according to Sharia law. This process is more rigid, public, and can be more time-consuming than the registry-based probate. The court’s final decision is formalized in an inheritance certificate, which lists the legal heirs and their court-determined shares.
Filing an Inheritance Case
The process is initiated when an heir files an inheritance case with the Personal Status Court of the Dubai Courts. The application requires the death certificate, identification documents of all known heirs, and a list of the deceased’s assets and liabilities. The court’s first procedural step is to appoint a neutral, court-approved inheritance expert. This expert is tasked with investigating the family structure to identify all legal heirs and then applying the statutory Sharia distribution rules to calculate each heir’s entitlement.
The Role of the Inheritance Expert
The court-appointed inheritance expert is a central figure in the Dubai Courts process. This individual functions as an independent investigator for the court. Their duties include verifying the marital status of the deceased, confirming the number of children and other legal relatives, and preparing a detailed family tree. Based on this information, the expert applies the fixed shares prescribed by Islamic law to the deceased’s estate. The expert then submits a comprehensive report, including the family tree and the calculated shares, to the judge for review and final approval.
Essential Documents for the Probate Process
A specific set of documents is required to initiate either probate pathway. The accuracy of these documents is paramount for a successful application. The requirements differ slightly between the DIFC/ADGM registries and the Dubai Courts. Multicorp Dubai ensures all documentation is correctly prepared and verified to meet the specific standards of the relevant authority.
- Original death certificate, attested by the UAE Ministry of Health and MOFAIC.
- Original registered will (for DIFC/ADGM probate).
- Original passports and Emirates IDs of the deceased and all beneficiaries/heirs.
- Original Emirates ID of the deceased.
- Original marriage and birth certificates for the deceased and their children.
- Title deeds for any real estate in the UAE.
- Recent statements from all UAE bank accounts.
- A comprehensive list of all other assets and liabilities.
Asset Distribution and Transfer Post-Probate
After obtaining the Grant of Probate (from DIFC/ADGM) or the Inheritance Certificate (from Dubai Courts), the executor or heirs can begin the process of asset distribution. For bank accounts, these documents are presented to each bank to freeze accounts and subsequently release funds to the rightful beneficiaries. For real estate, the certificate and a court execution order are submitted to the Dubai Land Department to transfer property titles. For company shares, the document is required by the DED or relevant free zone authority to amend the commercial license and re-register shares in the names of the new legal owners.
The Procedural Function of Multicorp Dubai in Non-Muslim Probate
Multicorp Dubai provides a defined procedural service to families and executors managing the UAE probate process for non-Muslims. The firm’s role begins with an assessment of the deceased’s estate to determine the correct legal pathway. Multicorp Dubai then manages the entire application, whether it is a probate filing with the DIFC Wills and Probate Registry or an inheritance case with the Dubai Courts. The firm prepares and submits all necessary documentation, liaises with the court-appointed expert or registry officials, and coordinates with banks and government departments to facilitate the efficient transfer of assets.
Frequently Asked Questions (FAQs)
What is the main difference between probate and inheritance in the UAE?
Probate refers to the court-validated process of executing a registered will. Inheritance refers to the court-determined distribution of assets when there is no will, which follows Sharia law for non-Muslims in the UAE.
Do non-Muslims have to follow Sharia law for their UAE assets?
No, they do not. By registering a will with the DIFC or ADGM, non-Muslims can ensure their assets are distributed according to the terms of their will, not according to Sharia law.
What is a Grant of Probate?
A Grant of Probate is a legal document issued by a wills registry (like DIFC) that confirms a will is valid and gives the named executor the legal authority to administer the deceased’s estate.
How long does the DIFC probate process take?
The DIFC probate process is typically faster than the court process, often taking between 2 to 4 weeks to issue a Grant of Probate once all required documents are submitted.
What happens if a non-Muslim dies without a will in Abu Dhabi?
Their assets in Abu Dhabi will be distributed according to Sharia law via the Abu Dhabi Courts. However, if they had registered a will with the ADGM Wills Registry, that will would take precedence.