When a person passes away in the UAE, the procedure that follows depends heavily on whether a valid Will is in place.
With a Will
If a Will exists, the process is significantly simpler and more predictable.
- The executor submits the Will, the death certificate, identification documents, and proof of assets to the court.
- After the file is opened and reviewed, the court typically issues the probate order within six to eight weeks.
- For Wills registered with the DIFC, the entire process can be handled virtually, and the executor may appoint a representative through a Power of Attorney.
- Once the court order is issued, assets are transferred directly to the named beneficiaries.
This route is the fastest, most orderly, and offers the highest degree of certainty for families.
Without a Will
If no Will exists, Sharia inheritance rules apply by default, which complicates and lengthens the process.
- The family must identify all legal heirs under Sharia principles. Priority is given to parents, spouse, and children; in the absence of male heirs in this group, siblings are included.
- All identification documents must be collected, and an appointment is scheduled with a judge.
- Two witnesses must testify to confirm the list of heirs.
- The court then issues a succession certificate, detailing each heir’s share.
- The heirs must agree either to accept their portion or formally waive it in favor of another family member.
- Only after this step can asset transfers begin.
This process usually takes three to four months, and in some cases may extend to six months.
Jurisdiction for Will Registration
Individuals with UAE assets or residency may register a Will in any jurisdiction within the UAE, including:
- DIFC
- Abu Dhabi Courts (ADJD)
- Dubai Courts
- ADGM
Without a Will, the court with authority is determined by either the deceased’s residence visa jurisdiction or the location of the assets.
