In Saudi Arabia, inheritance matters are governed by Islamic Sharia law and the Personal Status Law. Below are the detailed procedures for handling inheritance cases:

 

1. Drafting Wills (Wasiyyah):

    •    Wills must be drafted in accordance with Islamic Sharia, as stipulated by the Personal Status Law, which regulates the distribution of inheritance.

    •    A will cannot exceed one-third of the deceased’s estate unless approved by the heirs.

    •    It must be notarized by a notary public or court to ensure validity and enforceability.

 

2. Estate Administration:

    •    The process begins with obtaining a Certificate of Heirship from the court, which identifies the heirs and their respective shares.

    •    A judge may appoint an estate administrator in cases of disputes or upon request from one of the heirs.

 

3. Distribution of the Estate:

    •    Inventorying Assets: All assets of the deceased (real estate, bank accounts, movable assets, and shares) are inventoried.

    •    Debt Settlement: The deceased’s debts, such as bank loans or obligatory payments (e.g., unpaid zakat), must be settled first.

    •    Distribution of Shares: The estate is distributed according to the rules of fara’id (Islamic inheritance laws), ensuring the rightful shares are allocated to each heir.

    •    In cases of jointly owned assets, such as real estate, the property can be sold or divided as per court directives.

 

4. Management of Endowments (Awqaf):

    •    If the estate includes endowments, a Board of Trustees is appointed to oversee their administration according to the terms set by the donor (waqif).

    •    Endowments must be registered with the Ministry of Justice, and their revenues distributed as per the terms stated in the endowment deed.

 

5. Dispute Resolution:

    •    Disputes related to inheritance are resolved through the Personal Status Courts.

    •    Heirs may pursue arbitration or mediation before resorting to litigation to achieve an amicable settlement.