UAE: What Happens With vs. Without a Will

When a person passes away in the UAE, the procedure that follows depends heavily on whether a valid Will is in place.

With a Will

If a Will exists, the process is significantly simpler and more predictable.

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• The executor submits the Will, the death certificate, identification documents, and proof of assets to the court.
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• After the file is opened and reviewed, the court typically issues the probate order within six to eight weeks.
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• For Wills registered with the DIFC, the entire process can be handled virtually, and the executor may appoint a representative through a Power of Attorney.
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• Once the court order is issued, assets are transferred directly to the named beneficiaries.
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This route is the fastest, most orderly, and offers the highest degree of certainty for families.

Without a Will

If no Will exists, Sharia inheritance rules apply by default, which complicates and lengthens the process.

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• The family must identify all legal heirs under Sharia principles. Priority is given to parents, spouse, and children; in the absence of male heirs in this group, siblings are included.
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• All identification documents must be collected, and an appointment is scheduled with a judge.
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• Two witnesses must testify to confirm the list of heirs.
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• The court then issues a succession certificate, detailing each heir’s share.
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• The heirs must agree either to accept their portion or formally waive it in favor of another family member.
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• Only after this step can asset transfers begin.
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This process usually takes three to four months, and in some cases may extend to six months.

Jurisdiction for Will Registration

Individuals with UAE assets or residency may register a Will in any jurisdiction within the UAE, including:

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• DIFC
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• Abu Dhabi Courts (ADJD)
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• Dubai Courts
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• ADGM
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Without a Will, the court with authority is determined by either the deceased’s residence visa jurisdiction or the location of the assets.