Personal Status Law: order of rights attached to an estate (official Arabic text)
- Published by:
- Ministry of Justice (Legal Portal)
After a death, an estate moves through heir determination, then an inventory of the estate, then division by agreement or before the court where there is a dispute. It helps to understand this order and the rights attached to the estate from the start.
Wills, estates and inheritance are governed by the Personal Status Law issued under Royal Decree No. M/73 dated 6/8/1443H, together with the Real Estate Registration Law for inherited real estate. Relevant provisions include:
The Ministry of Justice offers an online service to issue an heir determination document through the Estates platform, signing in through the National Single Sign-On service (Nafath). The applicant enters details of the deceased, the heirs and witnesses, and attaches supporting documents such as the death certificate.
The Estates platform offers an agreed estate division service once the heir determination and estate inventory documents are issued, and it requires the heirs' confirmation. Where there is a dispute, or the estate involves a minor, an absent person, an endowment share or a will, the personal status court has jurisdiction.
The estate first covers the reasonable costs of preparing and burying the deceased, then the debts are paid, then any will is carried out, and what remains is divided among the heirs. Identifying the deceased's debts and obligations is therefore an essential step before division.
A will is carried out up to one third of the estate. Any amount above one third depends on the heirs' consent, and takes effect within the shares of those who consent.
A will in favor of an heir takes effect only if the other heirs approve it after the death. If only some of them approve it, it takes effect within their shares.
Takharuj is an agreement under which one of the heirs gives up all or part of a share for specified consideration, allowed where the estate is known to them, or is unknown and cannot ordinarily be ascertained within a short time. It must be documented with the competent authority. If it is made before the heirs know the estate, and the estate could ordinarily have been known within a short time, an heir who was unaware may ask for it to be annulled.
Yes, once the property has had its first registration. From then on, inheritance, real estate division and final judgments establishing any of these are registered in the real estate register, and those rights are not effective and do not produce their judicial and administrative effects until registered.
They typically include the death certificate of the deceased, the heirs' IDs and the family register, details of witnesses, and any existing heir determination document, will or endowment document. They also include property title deeds, account and investment details, and documents for debts relating to the estate.
The legal texts and official publications this content relies on.
This is general information based on the cited laws when this page was prepared. It may change, and it is not legal advice on a specific case.
The heir determination document sets out who the deceased's heirs are and their shares, and the later steps in the estate, from the inventory to division, are built on it.
Once the heirs are determined and the estate inventoried, the estate is divided: the heirs end their co-ownership of what remains of the estate after the prior rights, each taking a separated share or a share of the price of what is sold. Division happens by agreement or through the court.