Heirs Deed and Estate Division: How to Obtain the Deed and Divide the Estate by Agreement or Through the Court

What is an heirs deed, and why start with it?

The heirs deed (a document listing the legal heirs) is an official document containing the details of the deceased, the heirs and their shares. It is the starting point for most later steps, since the estate inventory and division services require a valid heirs deed. The rules of inheritance and the heirs' shares are set out in Part Seven of the Personal Status Law (Estates and Inheritance). The heirs need not wait any particular period before applying, but delaying it delays everything that follows, such as updating accounts and transferring title to real estate and shares.

Obtaining the heirs deed online

The Ministry of Justice offers an "Issue Heirs Deed" service through the Estates (Merath) platform and the Najiz platform, accessed via the National Single Sign-On. According to the service description published on the Ministry's website at the time of writing:

• The applicant enters their own details and those of the deceased, all the heirs and the witnesses.
• Supporting documents, such as the death certificate, are uploaded.
• If the applicant is acting as an agent for one of the heirs, their power of attorney must be valid.
• Documents issued outside the Kingdom must be authenticated.
• The service is free of charge according to its official page.

Accuracy at this stage matters, because any error in the heirs' names or number affects everything that follows.

Estate inventory: identifying what the deceased left

Once the heirs deed is issued, one of the heirs can request the "Estate Inventory" service, which issues a document containing details of the deceased's funds and assets and the documented rights relating to the estate, through integration with the relevant government entities. This requires a valid, authenticated heirs deed and that the applicant be one of the heirs. The inventory helps reduce disagreement over what belongs to the estate, although it does not replace a review of debts, wills and unregistered assets. It is also useful for the heirs to agree early on who will follow up on the applications on their behalf, and to share whatever information they have about the deceased's assets and obligations.

Division by agreement through the Estates platform

If the heirs agree, the "Agreed Estate Division" service allows the deceased's funds and assets to be distributed among the heirs according to the Sharia shares and the applicable regulations. It requires an heirs deed, an estate inventory and divisible assets, and the applicant must be one of the heirs. The service covers:

• Cash assets: reviewing and approving the proposed distribution.
• Investment assets: choosing transfer or sale according to the approved rules.
• Real estate: choosing transfer or sale according to the statutory conditions.

The applicant tracks the other heirs' responses, since this type of division depends on their approval.

When does division go through the court?

Article 33 of the Law of Procedure Before Sharia Courts gives personal status courts jurisdiction over proof of death and heirs deeds, and over inheritance and estate division, including real estate, where there is a dispute, a waqf share, a will, a minor or an absent person. Common sources of dispute include:

• Disagreement over valuing real estate or how to divide or sell it.
• One heir having sole use of an estate asset.
• Claimed debts owed by or to the estate, or the existence of a will.
• A minor or absent person among the heirs.
• Funds or business activities that did not appear in the inventory.

Claims are filed electronically through Najiz, and many of the procedures can be followed remotely.

Frequently asked questions

• Who applies for the heirs deed? One of the heirs, or an agent under a valid power of attorney, entering the details of all the heirs and witnesses.
• Do all heirs have to agree for online division? Agreed division depends on the heirs' approval, and the platform lets you track their responses; if agreement is not reached, the route is the competent court.
• What if a minor or absent person is among the heirs? Article 33 of the Law of Procedure Before Sharia Courts places estate division in this case within the jurisdiction of the personal status courts, as it does where the estate includes a waqf share or a will.
• Are debts and wills accounted for before division? They should be verified before distribution, because if they surface after division they can reopen disputes among the heirs.

Checklist before you start

• The death certificate and the deceased's identification details.
• The details and IDs of all heirs and each one's relationship to the deceased.
• The details of the witnesses required for the heirs deed application.
• Valid powers of attorney for anyone applying on another's behalf.
• Title deeds, account statements, shareholdings and known commercial registrations.
• Evidence of any debts and wills.
• Authentication of any document issued outside the Kingdom.

When does a lawyer help? Legal review helps where there are multiple assets, a company or jointly owned real estate, minors, a disagreement among the heirs, or a division agreement that needs clear terms. You can present your situation through our personal status and estates service, bearing in mind that every file depends on its facts and documents.