Executors Secure Grant of Probate in Dubai Efficiently

Executors obtain a grant of probate in Dubai by filing the required petition with the Dubai Probate Court, which issues the order after verifying the will, death certificate, and heirship documents under Decree No. (25) of 2023 establishing the Probate Court.

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WHAT DOCUMENTS MUST AN EXECUTOR SUBMIT TO THE DUBAI PROBATE COURT?

The executor must submit the original will, a certified death certificate, a notarised heirship declaration, and a completed probate petition form, all in Arabic or accompanied by a certified translation.

The Dubai Probate Court Decree requires that the will be presented in its original language, with a certified Arabic translation if the document is in another language, to satisfy the court's verification process (Decree No. (25) of 2023). The death certificate must be issued by the competent health authority and attested by the Ministry of Foreign Affairs if obtained abroad. The heirship declaration, prepared by a UAE-licensed notary, lists all legal heirs and their relationship to the deceased, confirming that no forced-heirship claims exist under Federal Law No. 28 of 2005 on Personal Status. The probate petition form, available from the court's registry, captures the executor's details, the estate's assets, and the requested relief. All documents are filed together; the court stamps receipt and assigns a case number, initiating the review phase that typically lasts five to seven working days if the paperwork is complete.

HOW LONG DOES THE PROBATE REVIEW PROCESS TAKE IN DUBAI?

After submission, the Dubai Probate Court reviews the petition and issues the grant of probate within ten to fifteen working days, provided no objections are raised.

The court's examination includes a substantive check of the will's validity, compliance with attestation requirements, and confirmation that the executor named in the will is willing and able to act (Decree No. (25) of 2023). If the court finds the documents in order, it schedules a brief hearing where the executor appears to swear an oath of faithful administration. In uncontested cases, the hearing is usually held within three days of the document review, and the grant is signed immediately thereafter. Should any heir contest the will or raise a claim of invalidity, the court adjourns the matter for further evidence, which can extend the timeline to four to six weeks. The decree stipulates that the court must notify all interested parties of any adjournment and provide a clear deadline for submitting counter-evidence, ensuring procedural transparency.

WHAT ARE THE COURT FEES AND COSTS ASSOCIATED WITH OBTAINING A GRANT OF PROBATE IN DUBAI?

The Dubai Probate Court charges a fixed filing fee of AED 500 for the probate petition, plus AED 100 for each certified copy of the grant issued, and any applicable notary fees for the heirship declaration.

These fees are set out in the court's fee schedule, which is published alongside Decree No. (25) of 2023 and updated annually by the Dubai Judicial Department. The filing fee covers the initial registration of the petition and the administrative processing of the documents. Each certified copy of the grant, often required for asset transfer with banks or the Land Department, incurs a separate charge. Notary fees for preparing the heirship declaration vary but typically range from AED 300 to AED 600 depending on the number of heirs and the complexity of the declaration. Executors should budget for translation costs if the will is not originally in Arabic, as certified translation services are charged per page and must be provided by a licensed translator. No additional court costs are imposed unless a contestation arises, in which case the parties may incur legal representation fees and potential expert witness expenses.

HOW CAN AN EXECUTOR AVOID COMMON PITFALLS DURING THE PROBATE APPLICATION?

Executors prevent delays by ensuring all documents are correctly attested, translated, and submitted together, and by confirming the executor's willingness to serve before filing.

A frequent issue is the submission of a death certificate lacking the required attestation from the Ministry of Foreign Affairs, which triggers a request for re-issuance and adds several days to the timeline. Another common obstacle is the omission of a certified Arabic translation for a will drafted in a foreign language; the court will not proceed until the translation is filed, causing avoidable delays. Executors also sometimes overlook the need for the nominated executor to sign a consent form affirming their acceptance of the role; without this, the court may appoint an administrator instead, altering the intended distribution plan. To avoid these pitfalls, executors should prepare a checklist: original will, certified Arabic translation, attested death certificate, notarised heirship declaration, completed probate petition, and executor consent form. Submitting the packet in person at the court's registry allows immediate verification of completeness, and obtaining a receipt with the case number enables tracking of the review status online.

FREQUENTLY ASKED QUESTIONS

How does the Dubai Probate Court handle wills that contain clauses contrary to UAE forced-heirship rules?
The court applies Federal Law No. 28 of 2005 on Personal Status, which mandates that a portion of the estate be reserved for certain heirs regardless of the will's provisions. If the will attempts to dispossess a forced heir, the court will adjust the distribution to comply with the statutory share, while honoring the remainder of the testator's wishes as far as permissible.

Can an executor apply for probate if the deceased owned property in multiple emirates?
Yes. The grant of probate issued by the Dubai Probate Court covers assets located within the Emirate of Dubai. For property situated in other emirates, the executor must obtain a separate probate or succession certificate from the relevant local court, unless the assets are held through a company registered in a free zone that permits centralized administration.

Is it necessary to publish a notice of the probate application in a newspaper?
No. Decree No. (25) of 2023 does not require newspaper publication for probate petitions in Dubai. The court relies on direct service of notice to known heirs and interested parties, and any unknown claimants are protected by the statutory forced-heirship provisions.

What happens if the original will is lost?
If the original will cannot be located, the executor may petition the court to accept a certified copy, provided they submit an affidavit detailing the circumstances of the loss and evidence that the copy is a true and accurate replica of the original. The court will then assess the affidavit's credibility and may request additional corroborative evidence before admitting the copy for probate.

Are there any time limits for filing a probate petition after the death?
UAE law does not impose a strict deadline for filing a probate petition; however, executors are encouraged to proceed promptly to prevent the deterioration of assets and to avoid potential claims of estate mismanagement. The court may consider undue delay when assessing the executor's conduct, especially if beneficiaries suffer financial harm as a result.

Can a non-Muslim expatriate executor apply for probate in Dubai?
Yes. The Dubai Probate Court accepts petitions from executors of any nationality or religion, provided the will complies with UAE procedural requirements and the deceased's assets are subject to Dubai jurisdiction. The court applies the Civil Code and Personal Status Law to determine heirship, irrespective of the executor's personal status.

If your matter involves grant of probate in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

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