Estates and Inheritance

Estate and inheritance laws in Saudi Arabia: learn about estate inventory, heirs, inheritance shares, debts, wills, procedures, and legal support.

Estate and inheritance laws in Saudi Arabia regulate how a deceased person’s assets, financial rights, debts, and other obligations are identified, settled, and distributed among the rightful heirs.

These matters involve several legal and procedural steps, from documenting the deceased’s death and proving the heirs to inventorying the estate, settling outstanding debts, and distributing the remaining assets in accordance with the applicable inheritance rules. Understanding these procedures can help heirs protect their rights and complete the estate process properly.

What Are Estates and Inheritances?

Estates and Inheritances refer to the total assets, property, and financial rights left by a deceased person, along with any financial obligations and debts associated with their estate. They include tangible assets such as real estate, vehicles, and cash, as well as financial rights to which the deceased was entitled, such as outstanding debts owed to them.

The Difference Between an Estate and an Inheritance

An estate consists of everything a deceased person leaves behind in terms of assets and financial rights upon their death, before the relevant obligations are settled, including the payment of debts and the fulfillment of valid wills.

An inheritance, on the other hand, is what remains of the estate after the obligations attached to it have been fulfilled. This remaining amount is distributed among the heirs according to the shares prescribed by Islamic law for each heir. In certain cases, an heir’s share may increase through radd (return) or decrease through the application of ʿawl (proportional reduction) in accordance with the rules of inheritance.

Inventorying the Estate and Determining the Deceased's Assets

Before an estate can be distributed among the heirs, several documents and procedures must be completed to establish the deceased’s death, identify the beneficiaries, and determine the deceased’s assets, rights, and financial obligations. The key requirements include the following:

• Proving the Deceased’s Death: An official death certificate must be issued for the deceased, as it is the recognized document confirming the death and initiating the estate-related procedures.
• Obtaining an Heirship Certificate: An heirship certificate is issued to identify the individuals entitled to inherit based on the deceased’s family circumstances, such as children, a spouse, parents, or other heirs. The deceased’s heirs may also be documented electronically through the Najiz platform in accordance with the applicable procedures.
• Issuing a Guardianship Certificate for a Minor, Where Applicable: If one of the heirs is a minor, a guardianship certificate may be required to protect the minor’s rights in the estate and ensure that their share is managed in accordance with the applicable legal requirements.
• Inventorying All Estate Assets: A comprehensive inventory should be prepared of all assets, property, and financial rights left by the deceased, including real estate, land, vehicles, bank accounts and balances, jewelry, and other assets and movable property.
• Reviewing the Relevant Authorities and Transferring Estate Assets: The relevant authority must be contacted according to the type of estate asset to complete the distribution and transfer of ownership or rights to the beneficiaries. For example, banks are contacted regarding bank balances and accounts, the competent traffic authorities regarding vehicles, and the authorities responsible for real estate documentation regarding the transfer of property ownership. All applicable legal requirements for each type of asset must also be completed.
• Valuing the Estate Assets: Real estate, land, and other estate assets may need to be professionally valued to determine their accurate financial value, which facilitates the distribution process and calculation of each heir’s share.
• Settling the Deceased’s Debts: The deceased’s outstanding debts and financial obligations must be settled before distributing the estate among the heirs, ensuring that all liabilities attached to the estate are satisfied before the remaining assets are transferred to the beneficiaries.
• Executing the Will After Its Validity Is Established: If the deceased left a will, its validity and compliance with the applicable legal and Sharia requirements must first be verified. The will is then executed in accordance with the applicable rules, provided that it does not, in principle, exceed one-third of the estate.

Proving Heirs and Their Entitlement to Inheritance

The process of proving heirs in Saudi Arabia begins with documenting the heirs’ information and obtaining an Heirship Certificate, which contains the details of the deceased and the heirs, as well as their respective inheritance shares. The Ministry of Justice provides this service through the Tarikah (Estate) Platform, which also allows users to verify the heirs’ information and confirm its accuracy.

Each heir’s status and share of the estate are determined in accordance with the applicable inheritance rules in the Kingdom, taking into account any circumstances that may affect their eligibility or the amount of their share. After obtaining the Heirship Certificate, the heirs can proceed with inventorying the estate to identify the deceased’s assets, property, and documented financial rights, followed by distributing the estate among the heirs according to their prescribed shares and the relevant laws and regulations.

The Ministry of Justice also provides an electronic service for calculating inheritance shares and determining each heir’s entitlement, in addition to inquiry and verification services related to Heirship Certificates.

Obtaining a Certificate of Inheritance

An application to document the heirs of a deceased person and obtain an Heirship Certificate can be submitted electronically through the Najiz Platform by following several essential steps:

Access the Najiz Platform to the Saudi Ministry of Justice.

Start a new application, then select “Heirs and Minors”, followed by “Documenting the Heirs of a Deceased Person.”

Enter the applicant’s information, whether the applicant is one of the heirs or an authorized representative, and ensure that all details are accurate.

Provide the deceased’s complete information, including all details required in the application form.

Enter the information of all heirs, including the required details for each heir. If the applicant is one of the heirs, their information must also be added.

Upload the required supporting documents, such as the family register, national ID, and any other documents required depending on the circumstances.

Specify the details of the death, including the city and region where the death occurred.

Enter the witnesses’ information. A witness may be a relative of the deceased or a non-relative, subject to the applicable requirements.

Submit the application for review and verification by the Central Support team, after which the procedures for issuing the Heirship Certificate can be completed.

The Role of a Lawyer in Estate and Inheritance Cases

Lawyer provides legal services in Saudi Arabia covering estate and inheritance cases, commercial disputes, family matters, and criminal cases. His services include legal consultations and assistance with legal procedures in accordance with Saudi laws and regulations.

• Experience in Saudi Law: A team of lawyers and legal consultants with expertise in various areas of Saudi law.
• Estate and Inheritance Cases: Assistance with estate inventory, proving heirs and their inheritance rights, resolving disputes among heirs, and following up on the execution of wills.
• Family Cases: Providing legal consultations and representation in relevant family disputes.
• Commercial Disputes: Handling commercial disputes and drafting and reviewing contracts.
• Legal and Investment Consultations: Providing legal advice concerning business activities and investments.
• Confidentiality and Professionalism: Protecting clients’ information and maintaining professional standards throughout the legal process.
• Legal Procedure Management: Assisting clients with procedures before competent authorities and courts when required.
• Tailored Legal Solutions: Reviewing each case based on its facts and documents to determine the appropriate legal procedures and course of action.
• Comprehensive Legal Team: A team of lawyers and legal consultants with experience across different areas of Saudi law.

Conclusion

Understanding estate and inheritance laws in Saudi Arabia is essential for ensuring that a deceased person’s assets and financial rights are properly identified, obligations are settled, and the remaining estate is distributed among the rightful heirs in accordance with the applicable rules. Etqan Law Firm provides legal support in estate and inheritance matters, assisting clients with the relevant procedures and legal issues in accordance with Saudi laws and regulations.

FAQ:

What happens if the heirs disagree on how to divide the estate?

If the heirs cannot reach an agreement, the dispute may be referred to the competent court to determine the heirs’ rights and oversee the lawful distribution of the estate.

How are real estate divided within the estate?

Real estate is distributed among the heirs according to their prescribed inheritance shares, either through division of the property where feasible or by selling it and distributing the proceeds.

How are money and bank accounts divided within the estate?

Money and bank balances form part of the estate and are distributed among the heirs according to their legally prescribed inheritance shares after applicable debts and obligations are settled.

Are debts included in the estate division procedures?

Yes. The deceased’s debts and financial obligations must generally be settled from the estate before the remaining assets are distributed among the heirs.

The Etqan Al Mutamayza Law Firm is ready to provide the essential support you need. You can reach their team at the following mobile numbers: +966 0543104848.