Inheritance Certificate UAE: How to Obtain It

An inheritance certificate in the UAE is issued under Federal Law No. 28 of 2005 (Personal Status Law) for Muslims and Federal Decree-Law No. 41 of 2022 (Civil Personal Status Law) for non-Muslims, and the procedure applies across all emirates and free-zone jurisdictions.

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WHAT DOCUMENTS ARE REQUIRED TO APPLY FOR AN INHERITANCE CERTIFICATE?

The applicant must submit a completed application form, the deceased's original passport and Emirates ID, a certified death certificate, the deceased's will (if any), proof of relationship (such as marriage certificate, birth certificates, or family book), and a no-objection letter from any other heirs who are not applying. The Arabic text of UAE legislation as published in the Official Gazette prevails over any translation.【UAE legislation portal】

To satisfy the evidentiary requirement, the applicant also needs to provide a recent utility bill or tenancy contract showing the deceased's last known address, and, if the deceased owned property, a copy of the title deed or a recent registration extract from the Dubai Land Department or the relevant emirate's land authority. All documents must be translated into Arabic by a certified translator if they are in another language, and the translation must be attested by the Ministry of Justice. The application package is then reviewed for completeness before it is forwarded to the competent court.

WHERE SHOULD THE APPLICATION BE SUBMITTED AND WHAT IS THE PROCEDURE?

The application is submitted to the Personal Status Court of the emirate where the deceased was domiciled at the time of death; for Dubai residents this is the Dubai Courts Personal Status Division, while for other emirates the respective local court handles the matter. The applicant files the documents electronically via the court's e-portal or in person at the court's reception desk, pays the prescribed filing fee, and receives a case number. The court then schedules a hearing, usually within two to four weeks, during which the judge verifies the submitted evidence and may request additional documentation.

If the judge is satisfied, the court issues an inheritance certificate that lists the deceased's assets, the identified heirs, and each heir's share according to the applicable personal-status law. The certificate is signed by the judge and stamped with the court seal. The applicant can collect the certificate in person or request delivery through the court's courier service. In cases where the deceased left no will, the court applies the statutory shares prescribed in Article 322 of Federal Law No. 28 of 2005 for Muslims, or the provisions of Federal Decree-Law No. 41 of 2022 for non-Muslims.

HOW LONG DOES THE PROCESS TAKE AND WHAT ARE THE ASSOCIATED COSTS?

From submission of a complete application to issuance of the inheritance certificate, the typical timeframe is four to six weeks, depending on the court's caseload and whether any objections are raised by other heirs. The process may extend to eight weeks if the court orders a supplemental investigation or if the deceased's assets are located in multiple emirates, requiring coordination between courts.

The filing fee for an inheritance certificate application is AED 500, payable to the court's treasury. Additional costs include certified translation fees (averaging AED 150 per document), attestation charges at the Ministry of Justice (approximately AED 100 per document), and, if applicable, courier delivery fees (AED 50-AED 100). There are no court-mandated lawyer fees for the certificate itself, although parties often engage legal counsel to prepare the application and represent them at the hearing; such fees are negotiated privately and are not prescribed by statute.

CAN THE INHERITANCE CERTIFICATE BE USED FOR PROPERTY TRANSFER AND BANK ACCOUNT CLOSURE?

Yes, the inheritance certificate is a legal document that enables heirs to transfer ownership of immovable property, access bank accounts, and claim insurance proceeds. For property transfer, the certificate must be presented to the Dubai Land Department or the relevant emirate's land authority, where it is recorded as proof of heirship, allowing the registration of the new owners' names on the title deed. The department charges a transfer fee of 4 % of the property value, payable by the transferee.

For bank accounts, the heir submits the inheritance certificate together with a request form to the bank's customer service department. The bank freezes the account upon receipt of the death certificate and releases the funds to the heirs once the inheritance certificate is validated. Some banks may also require a court order if the account balance exceeds a certain threshold, but the inheritance certificate alone satisfies the requirement for most retail accounts.

WHAT HAPPENS IF THERE IS A DISPUTE AMONG HEIRS?

If any heir contests the application, the Personal Status Court schedules a mediation session before proceeding to a formal hearing. The court may appoint a family-wise expert to assess the validity of claims, and the parties are given an opportunity to present evidence such as alternative wills, gift deeds, or proof of prior agreements. Should mediation fail, the judge issues a ruling based on the applicable personal-status law, determining each heir's entitlement. The resulting judgment can be appealed within thirty days to the Court of Appeal, and subsequently to the Court of Cassation if the appellate court's decision is contested. Throughout the dispute, the inheritance certificate remains pending; it is only issued after the court's final decision upholds the applicant's claim.

FREQUENTLY ASKED QUESTIONS

What law governs inheritance for non-Muslims in the UAE?
Federal Decree-Law No. 41 of 2022 on Civil Personal Status Law applies to non-Muslims residing in the UAE, providing for inheritance according to the deceased's will or, absent a will, the statutory shares outlined in the law. The decree-law is applicable across all emirates and free-zone jurisdictions.【UAE legislation portal】

Is a will required to obtain an inheritance certificate?
No, a will is not mandatory. If the deceased died intestate, the court distributes the estate according to the statutory shares prescribed in Article 322 of Federal Law No. 28 of 2005 for Muslims, or the corresponding provisions of Federal Decree-Law No. 41 of 2022 for non-Muslims. The absence of a will does not prevent the issuance of the certificate; the court simply applies the default rules.

Can the inheritance certificate be used outside the UAE?
The inheritance certificate is recognized internationally for purposes such as probate in foreign jurisdictions, provided it is accompanied by a certified Arabic-English translation and attested by the Ministry of Foreign Affairs and International Cooperation (MOFAIC). Many foreign courts and banks request an apostille or consular legalization; the UAE Ministry of Justice can issue the necessary attestation upon request.

Are there any time limits for applying for an inheritance certificate?
UAE law does not impose a statutory deadline for applying for an inheritance certificate. However, heirs are encouraged to initiate the process promptly to avoid complications such as the accrual of debts on the estate or the risk of third-party claims on assets. Delay may also affect the ability to access frozen bank accounts, which some institutions release only after a court-issued certificate is presented.

What are the consequences of submitting falsified documents?
Submitting false or forged documents to the Personal Status Court constitutes a criminal offense under Article 256 of Federal Decree-Law No. 31 of 2021 (the UAE Penal Code), punishable by imprisonment and fines. The court will reject the application, refer the matter to the public prosecutor, and may impose additional penalties on the applicant. It is therefore essential to ensure that all submitted documents are genuine and accurately reflect the deceased's estate and familial relationships.

If your matter involves Extracting inheritance notice in the UAE: Guide to procedures and required documents 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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