Frozen Bank Accounts After Death in the UAE

When a person dies in the UAE, their bank accounts are typically frozen until legal heirs obtain a court-issued declaration of heirs and complete the probate process, as required by the UAE Personal Status Law (Federal Decree-Law No. 28 of 2005) and the UAE Civil Transactions Law (Federal Decree-Law No. 5 of 1985).

Related Services: Explore our Bank Account Opening and Declaration of Heirs Drafting services for practical legal support in this area.

WHAT STEPS MUST BE TAKEN TO UNFREEZE OR TRANSFER A DECEASED PERSON'S BANK ACCOUNT?

The bank will release funds only after the legal heirs present a declaration of heirs (or probate order) and a death certificate, and after any outstanding debts are settled.

Upon notification of death, the bank suspends all withdrawals from the account within ten days, as stipulated by the Ministry of Justice guidance on joint accounts 【https://www.moj.gov.ae/assets/2020/Federal%20Decree%20Law%20No.%20(14)%20of%2020】. The freeze remains in place until the heirs obtain a court-issued declaration of heirs under Article 17 of the Personal Status Law, which confirms their entitlement to the estate. The heirs must then submit the declaration, the deceased's Emirates ID copy, the death certificate, and a completed bank-specific account closure form. If the account held joint holders, the bank may allow withdrawal of the surviving holder's share after the ten-day suspension, but the deceased's share stays frozen until succession is proven. The process typically takes 2-4 weeks if documents are complete; delays occur when heirs dispute entitlement or when the estate includes immovable property requiring additional probate steps. No court fees are charged for the declaration of heirs itself, but the bank may impose administrative charges for document verification, which vary by institution.

WHICH DOCUMENTS ARE REQUIRED TO PROVE HEIRSHIP AND ACCESS THE FROZEN ACCOUNT?

The core documents are a death certificate, the deceased's Emirates ID or passport, and a declaration of heirs issued by the Dubai Courts (or the relevant emirate's court).

Applicants must first obtain the death certificate from the Ministry of Health and Prevention or the local health authority. Next, they file an application for a declaration of heirs at the Personal Status Court, submitting the death certificate, the deceased's family book (if available), and any will or testament. The court examines the evidence and issues a declaration that lists each legal heir and their share under Sharia-based inheritance rules, unless a valid non-Sharia will exists and is registered with the DIFC Wills Service Centre. Once the declaration is obtained, the heirs present it to the bank together with their own Emirates IDs, a signed request for account closure or transfer, and, if applicable, a letter of no objection from any other heirs. The bank may also request a copy of the deceased's will or a waiver of rights from heirs who renounce their share. All documents must be in Arabic or accompanied by a certified Arabic translation, as the Arabic text of UAE legislation prevails over any translation.

HOW LONG DOES THE PROBATE OR DECLARATION-OF-HEIRS PROCESS TAKE IN DUBAI?

The declaration of heirs is usually issued within 5-10 working days after the court hearing, provided no objections are raised.

After filing the application, the court schedules a hearing within 3-5 days. If the documentation is uncontested, the judge issues the declaration immediately after the hearing. Should any heir contest the claim or if the deceased left a will that requires validation, the court may adjourn the case for up to 30 days to allow evidence submission and witness testimony. In cases involving immovable property located outside the UAE, the court may request additional documentation from foreign jurisdictions, extending the timeline. Overall, most straightforward cases conclude within two weeks, while contested estates can take 1-3 months. Court fees for the declaration of heirs are minimal (approximately AED 100-200), but legal representation costs vary.

ARE THERE ANY COSTS OR BANK FEES ASSOCIATED WITH UNFREEZING THE ACCOUNT?

Banks may charge administrative fees for processing the request, but there are no statutory fees for the declaration of heirs itself.

The UAE Central Bank's dormant-accounts regulation does not prescribe a fee for releasing funds after death; however, individual banks often apply a service charge for document verification, account closure, or transfer of balances to an heir's account. These charges are disclosed in the bank's tariff sheet and typically range from AED 50 to AED 250 per account. If the account holds a balance exceeding AED 100,000, some banks may request a guarantee letter from the heirs' lawyer to confirm that no creditor claims exist. No court-imposed fees are levied for the succession procedure beyond the modest filing fee for the declaration of heirs. Heirs should request a written fee estimate from the bank before submitting documents to avoid unexpected charges.

WHAT HAPPENS IF THE DECEASED LEFT A WILL THAT CONFLICTS WITH SHARIA INHERITANCE RULES?

A will that is validly registered with the DIFC Wills Service Centre or the Abu Dhabi Judicial Department can override default Sharia distribution, provided it does not violate public policy.

Under Federal Decree-Law No. 5 of 1985 (Civil Transactions Law), a testator may dispose of up to one-third of their estate by will; the remaining two-thirds must follow Sharia rules unless the will is executed in the DIFC or ADGM and complies with their respective regulations. If the will is registered with the DIFC Wills Service Centre, the DIFC Courts will enforce it, and the declaration of heirs will reflect the testator's wishes rather than the statutory shares. The bank will freeze the account until the DIFC Court issues a probate order recognizing the will, after which the funds are transferred according to the will's terms. If the will is not registered or is deemed invalid, the default Sharia distribution applies, and the declaration of heirs will be issued accordingly.

FREQUENTLY ASKED QUESTIONS

How soon after death must the bank be notified?
The bank should be notified within ten days of the death, as required by the Ministry of Justice guidance on joint accounts 【https://www.moj.gov.ae/assets/2020/Federal%20Decree%20Law%20No.%20(14)%20of%2020】. Failure to notify may result in the bank continuing to allow withdrawals, which could complicate later succession claims.

Can a joint account holder withdraw money before the declaration of heirs is issued?
The surviving joint holder may withdraw their own share after the ten-day suspension period, but the deceased's share remains frozen until a declaration of heirs or probate order is presented 【https://www.moj.gov.ae/assets/2020/Federal%20Decree%20Law%20No.%20(14)%20of%2020】.

Is a lawyer required to obtain the declaration of heirs?
While individuals can file the application themselves, engaging a lawyer experienced in UAE personal status law ensures that documents are correctly prepared and reduces the risk of objections that could delay the process.

What if the deceased had debts exceeding the account balance?
The bank will first use the account balance to settle any outstanding debts owed to the bank before releasing funds to heirs. Any remaining deficit must be addressed through the estate's general settlement process, which may involve liquidating other assets.

Are electronic signatures accepted for the bank's closure forms?
Yes, the UAE Electronic Signature Law (Federal Decree-Law No. 46 of 2021) permits electronic signatures on banking documents, provided they meet the law's security requirements 【https://www.moj.gov.ae/assets/2021/Federal%20Decree%20Law%20No.%20(46)%20of%202021】.

Can the process be expedited for expatriates?
Expatriates follow the same procedure; however, if the deceased's home country has a bilateral treaty with the UAE on judicial cooperation, the declaration of heirs may be recognized abroad, facilitating cross-border asset transfers. No special expedited track exists solely based on nationality.

What happens to the account if no heirs come forward?
If no legal heirs claim the account within the statutory limitation period (generally 15 years for movable property under the Civil Transactions Law), the funds may be transferred to the UAE's Unclaimed Properties Fund after the bank follows the dormant-accounts regulation 【https://rulebook.centralbank.ae/en/rulebook/dormant-accounts-regulation】.

This article provides general information about the legal process for frozen bank accounts after a death in the UAE. It does not constitute legal advice for any specific situation.

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