Introduction to Applying for Probate in the UAE
The administration of a deceased’s estate, known as probate, is a legal process required in the UAE to enable an executor or eligible family member to manage and distribute the deceased’s assets. If the deceased registered their Will with the DIFC Courts’ Wills Registry for Non-Muslims, Executors must apply for a Grant of Probate at the Registry to initiate the process. This ensures the estate is administered in line with the Will’s terms or, in the absence of a Will, according to UAE inheritance laws. Executors or family members must follow local regulations to efficiently carry out the deceased’s wishes, including asset distribution and guardianship arrangements, under the DIFC Wills and Probate Registry Rules. Legal assistance may be sought to simplify proceedings or address specific aspects of the estate.
Who Should Apply for Probate?
- Executors Named in the Will: If the deceased has left a will, the appointed executor(s) are responsible for applying for probate.
- Eligible Family Members: In cases where no will exists, the closest relatives, such as the spouse, children, or parents, may apply for probate based on the UAE inheritance hierarchy.
Get specialist probate support
Get specialist probate support
Whether you’re applying for probate or need support to handle the estate of someone who’s died, our specialists and legal partners are here to help.
| Grant of Probate Application (UAE) |
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We help you to with the Grant of Probate Application, and assist you with the rest of the process What’s Covered:
We will assist you:
We make sure the application process is smooth and accurate, giving you a strong foundation to manage the estate confidently. |
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Perfect for those seeking comprehensive support, whether you’re busy, want to avoid mistakes, or need an impartial expert to help prevent family conflicts. What’s Covered:
With our comprehensive service, you’ll have peace of mind knowing every detail is handled with care and legal precision. Our team ensures all steps are completed efficiently, so you can focus on what matters most during this challenging time. |
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Need help?Legal Requirements for Applying for Probate
Before submitting a probate application, it is essential to fulfill all legal requirements and gather the necessary documents to ensure a smooth process without unnecessary delays.
Eligibility Criteria
- Executors in the Will: Only the individuals explicitly appointed in the will are eligible to apply.
- Next of Kin: If no executor is named or the deceased did not leave a will, family members such as the spouse or children can apply.
- Legal Representatives: In certain cases, authorized legal representatives can file on behalf of the family.
Required Documents
- Original Death Certificate: This must be attested and translated into Arabic if it was issued abroad.
- Original Will (if applicable): Any amendments or codicils must also be provided.
- Identification Documents: Include the passports and Emirates IDs of both the deceased and the applicant.
- Proof of Relationship: Documents such as marriage or birth certificates may be required.
- Asset Inventory: A detailed list of the deceased’s assets within the UAE.
- No Objection Certificates (NOCs): These may be needed from other heirs to proceed with the application.
Jurisdiction for Filing Probate Applications
- DIFC Courts: For wills registered under the DIFC Wills Service Centre.
- Abu Dhabi Judicial Department (ADJD): For probate matters in Abu Dhabi.
- Sharia Courts: These handle probate for Muslims and cases where no will is registered.
Step-by-Step Process for Applying for Probate
The probate application process involves several critical steps that must be carefully followed to ensure legal compliance and a successful outcome.
Step 1
Obtain the Death Certificate
Secure an official death certificate from relevant authorities, and if necessary, ensure that it is translated and attested according to UAE regulations.
Step 2
Prepare Necessary Documentation
Gather all required documents, including those related to the deceased’s identity, assets, and any existing will.
Step 3
Choose the Appropriate Court
- DIFC Courts: For wills registered with the DIFC Wills Service Centre.
- ADJD: For probate matters concerning non-Muslim expatriates and residents of Abu Dhabi.
- Sharia Courts: For probate involving Muslims or estates without a will.
Step 4
Submit the Probate Application
File the completed probate application with the relevant court and pay the associated fees.
Step 5
Court Verification and Proceedings
The court reviews and verifies the application. If there is a will, it will be examined and validated by the court.
Step 6
Appointment of the Executor
Once the application is approved, the executor is officially appointed by the court, and a Grant of Probate is issued.
Step 7
Administering the Estate
The executor manages the estate according to the instructions in the will or UAE inheritance laws, ensuring debts are settled and assets distributed appropriately.
Timeline for the Probate Application Process
The time required to complete the probate process in the UAE depends on various factors, including the court involved and the complexity of the estate.
DIFC Courts
- Timeline: Typically 1 to 2 months.
- Factors: Streamlined processes for registered wills in DIFC make this the fastest option for applicable cases.
Abu Dhabi Judicial Department (ADJD)
- Timeline: Generally 2 to 4 months.
- Factors: Larger or more complex estates may take longer due to documentation reviews.
Sharia Courts
- Timeline: Around 3 to 6 months, depending on the complexity of the estate and whether any disputes arise.
- Factors: Sharia law’s detailed application to inheritance can extend the probate duration.
Influencing Factors
- Incomplete Documentation: Missing or incorrect documents can significantly delay the probate process.
- Estate Complexity: Larger estates with numerous assets or beneficiaries typically take longer to settle.
- Beneficiary Disputes: Conflicts among heirs can prolong court proceedings.
Costs Involved in Applying for Probate
Applying for probate in the UAE involves several fees, including court and legal costs, which must be planned for in advance.
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DIFC Courts Fees range from AED 5,500 to 15,000 depending on the estate’s value and complexity. ADJD and Sharia Courts Fees typically range between AED 2,000 and AED 6,000. |
| Legal Fees |
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Probate Lawyers Fees for legal representation can range from AED 10,000 to AED 50,000, depending on the complexity of the estate. Additional Services Costs may increase for services such as asset valuations or obtaining legal documents. |
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Translation and Attestation Fees Expenses may be required for document translations and attestations. Administrative Expenses Fees for notaries, couriers, and other administrative services should also be considered. |
Common Challenges in the Probate Application Process
Several challenges can arise during the probate application process, but these can often be avoided with careful planning and preparation.
| Challenge | Solution | |
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| Incomplete Documentation | Missing documents or improperly attested paperwork can delay the process significantly. | Double-check all document requirements, ensuring everything is correctly attested and translated before submission. |
| Procedural Delays | Court backlogs or administrative delays can prolong the process. | Submit all required paperwork promptly, and maintain regular follow-ups with the court. |
| Legal Complexities for Expats | Navigating UAE probate laws, particularly for expatriates, can be complex. | Seek legal assistance from professionals with expertise in expat probate cases. |
| Beneficiary Disputes | Disputes among beneficiaries over asset distribution can significantly delay the process. | Encourage clear communication among beneficiaries and seek mediation when necessary. |
Legal Support and Assistance
Given the complexities of probate in the UAE, it is highly advisable to hire professional wills draftman to navigate the process efficiently and in compliance with UAE laws.
Why You Need a Probate Lawyer
Expert Guidance:
Legal experts are well-versed in UAE probate laws and procedures, ensuring your case proceeds without unnecessary delays.
Document Management:
Lawyers can help prepare and manage all necessary documents, ensuring they are in order before submission.
Representation:
A lawyer can represent you in court, ensuring your interests are fully protected during probate proceedings.
How to Select Legal Representation
Experience
Choose a lawyer with experience in handling probate cases in the UAE.
Reputation
Look for recommendations or positive reviews to find a reliable lawyer.
Communication
Ensure the lawyer communicates effectively and keeps you updated throughout the process.
Applying for probate in the UAE is a complex but essential process for administering the estate of a deceased individual. By following the outlined steps, gathering the necessary documentation, and seeking professional legal support, executors and beneficiaries can ensure the estate is settled efficiently and in accordance with the wishes of the deceased. Taking timely action and avoiding common pitfalls will help expedite the process, ultimately honoring the final wishes of the deceased while complying with UAE law.
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