In short
- Start with the death certificate, then the deed identifying the heirs, which can be requested online through Najiz.
- Before distribution, funeral costs and debts are paid, then any will is carried out within one third.
- An agreed division is faster; if the heirs disagree or one of them is a minor, the court has a role.
1. Death certificate and the heirs' deed
The heirs' deed (sakk hasr al-warathah) states who the heirs are, and banks and authorities rely on it at every later step. It is issued by the competent court, and the request can be filed online through the Najiz platform with the death certificate, the heirs' IDs and proof of kinship.
2. List the assets and debts
Compile what the deceased left: bank accounts, real estate and title deeds, shares in companies, vehicles, and money owed by others. List the debts as well. An accurate inventory prevents most later disputes.
3. What comes out before distribution
- Funeral and burial costs.
- The deceased's debts.
- Any will in favour of a non-heir, up to one third of what remains after the debts. Anything above one third, or a will in favour of an heir, takes effect only if the heirs consent.
What remains is the estate shared among the heirs according to their Sharia shares.
4. A worked example
A man dies leaving a wife, a son and a daughter, and SAR 240,000 remains after debts and the will. The wife takes one eighth because there are children: SAR 30,000. The remaining SAR 210,000 goes to the son and daughter as residuaries, the male taking twice the female's share: the son SAR 140,000 and the daughter SAR 70,000.
5. Agreed division or court division
If all the heirs have full legal capacity and agree, they can divide the estate by agreement, and the agreement and any transfer of real estate are notarized with a licensed notary or through Najiz. If they disagree, or a property cannot be divided without harm, any heir can bring a division claim before the competent court.
If one of the heirs is a minor or absent, the agreement of the others is not enough on its own, because that heir's share is subject to statutory guardianship and supervision procedures. Ask about this before any sale or division.
Mistakes that delay the division
- Selling or using an estate asset before all heirs agree.
- Overlooking a debt or a will that surfaces after distribution.
- Signing a division agreement without a clear valuation of the properties.
- Leaving the division for years, so the number of heirs grows as some of them die.
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The shares in the example apply to that case only. Every estate is calculated according to its actual heirs; you can try your own case in the inheritance calculator.
Content on this website is provided for general information only and does not constitute legal advice. Contact us for advice on your specific situation.