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Personal Status and Inheritance

Inheritance Lawyer in Dammam Estates and Inheritance

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.

Situations where this may apply

  • You need to obtain an heir determination document or an estate inventory.
  • The heirs disagree over how the estate is divided or managed.
  • The estate includes a will, real estate or a minor.

Legal framework

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:

  • An 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. Article 198
  • A will is carried out up to one third of the estate, and any amount above one third depends on the heirs' consent. A will in favor of an heir takes effect only if the other heirs approve it after the death; if only some approve, it takes effect within their shares. Articles 179 and 190
  • Heirs may agree that one of them gives up all or part of a share for specified consideration (takharuj), where the estate is known to them, or is unknown and cannot ordinarily be ascertained within a short time. The agreement must be documented with the competent authority. Articles 243 and 244
  • Once a property has had its first registration, dispositions that create, transfer, change or end a real right in it are registered in the real estate register, including inheritance and real estate division, as are final judgments establishing any of these, and those rights are not effective and do not produce their judicial and administrative effects until registered. Article 13
  • Personal status courts hear proof of death and heir determination, and inheritance and estate division, including real estate, where there is a dispute or the estate involves an endowment share, a will, a minor or an absent person. Article 33

Common types of matters

  • Obtaining heir determination and estate inventory documents.
  • Dividing an estate by agreement, or through the court where there is a dispute.
  • Carrying out a will and examining its limits.
  • Takharuj between heirs, and transferring inherited real estate.

How a matter may proceed

  1. Heir determination can be requested online through the Ministry of Justice Estates platform, by entering details of the deceased, the heirs and witnesses and attaching supporting documents such as the death certificate.
  2. Once heirs are determined, an estate inventory can be requested, followed by an agreed division through the platform based on the heirs' agreement.
  3. Where there is a dispute, or the estate involves a minor, an absent person, a will or an endowment share, the personal status court hears the division.

Key considerations

  • The deceased's debts are paid and any will carried out before the rest is divided, so identifying debts and obligations is an essential step before division.
  • Any part of a will above one third, and any will in favor of an heir, depends on the heirs' consent, given after the death in the case of a will for an heir, and takes effect within the shares of those who consent.
  • Takharuj 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.

Documents typically needed

  • The death certificate of the deceased.
  • The heirs' IDs and the family register, and details of witnesses.
  • Any existing heir determination document, and any will or endowment document.
  • Property title deeds, account and investment details, and documents for debts relating to the estate.

Frequently asked questions

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.

Official references

The legal texts and official publications this content relies on.

Personal Status Law: order of rights attached to an estate (official Arabic text)

Article 198
Published by:
Ministry of Justice (Legal Portal)
View official source

Personal Status Law: limits on wills and bequests to heirs (official Arabic text)

Articles 179 and 190
Published by:
Ministry of Justice (Legal Portal)
View official source

Personal Status Law: settlement between heirs (official Arabic text)

Articles 243 and 244
Published by:
Ministry of Justice (Legal Portal)
View official source

Real Estate Registration Law: registering inheritance and real estate division (official Arabic text)

Article 13
Published by:
Ministry of Justice (Legal Portal)
View official source

Ministry of Justice: heir determination e-service

Published by:
Ministry of Justice
View official source

Law of Civil Procedure: personal status courts' jurisdiction over heir determination and estate division

Article 33
Published by:
Ministry of Investment
View official source

Ministry of Justice: agreed estate division service (Arabic page)

Published by:
Ministry of Justice
View official source

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.