Alqesair Law

Sunday– Thursday: 9.00 am – 8.00pm

l_alqesair@gmail.com

Ali Bin Abi Talib Road – Buraidah – Kingdom of Saudi Arabia

The Procedures for Dividing Inheritance Among Heirs

Steps to Follow Before Dividing the Inheritance Among Heirs:

First:
 A death certificate for the deceased must be obtained by submitting a request to the Civil Affairs Department. Subsequently, a Certificate of Heirship should be issued by the competent court. If there are minors, either in age or mental capacity, among the heirs, a request must be submitted to appoint a guardian for them.

Second:
 All tangible and financial assets of the deceased must be identified by consulting the relevant authorities as follows:

  • Visiting the Notary Public Office to inquire about real estate owned by the deceased.
  • Consulting the Traffic Department to identify vehicles registered in the deceased’s name.
  • Submitting a request to the Capital Market Authority to inquire about shares owned by the deceased.
  • Contacting banks to inquire about the deceased’s bank accounts and balances.
  • Consulting the Ministry of Commerce to gather details about businesses and companies owned by the deceased.

Third: 
Settle all debts associated with the inheritance to absolve the deceased of any outstanding financial obligations.

Fourth:
Review the deceased’s will, if available, and allocate up to one-third of the estate as per its directives.

Fifth:
Divide the remaining estate among the heirs according to their lawful shares as determined by Islamic inheritance law.

Types of Inheritance Division:

Inheritance division is categorized into two main types:

  • Amicable Division:
This occurs when all heirs agree on dividing the inheritance without resorting to the judiciary. However, if the estate includes endowments or minors among the heirs, a request must be submitted to the court to ensure the agreement aligns with the best interest of all parties before execution.
  • Judicial Division:
This involves dividing the inheritance through the Personal Status Court, particularly when the heirs cannot agree on an amicable division.

Procedures for Judicial Division of Inheritance:The division of inheritance through the court involves the following steps:
Filing an Inheritance Division Lawsuit:

  • One of the heirs may file a lawsuit with the territorially competent Personal Status Court.
  • A court hearing will be scheduled to review the case. Separate lawsuits must be filed for dividing real estate and other non-real estate assets.
  • Submitting a Written Statement of Claim:
    During the first hearing, the plaintiff must submit a written statement that includes the deceased’s name, date of death, names of the heirs, the Certificate of Heirship number, details of the assets to be divided, and a request for their distribution.

Verification of Ownership:

  • The judge verifies ownership of the listed assets by contacting the relevant authorities.

Referral to Experts:

  • If the estate includes real estate and there are endowments or minors among the heirs, the case is referred to experts to assess whether it is more appropriate to sell the property through a public auction or divide it among the heirs.

Issuance of Final Ruling:

  • After receiving the experts’ report, the judge decides whether to divide the property or sell it at auction and distribute the proceeds among the heirs according to their lawful shares.

A judicial ruling is issued, granting the heirs 30 days to appeal. If no appeal is filed, the ruling becomes final and enforceable through the Execution Court. If an appeal is submitted, the case is referred to the Court of Appeal, which reviews the objection and issues a final ruling before enforcement.

 

You can request inheritance division services through the following communication channels:

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