Step One: The Heir-Determination Deed
An official heir-determination deed must be obtained from the relevant court identifying the legitimate heirs — the foundational document all subsequent estate procedures are built on. See our dedicated guide on steps to obtain the heir-determination deed to learn about required documents in detail.
Inventorying the Deceased's Assets and Settling Obligations
After determining heirs, the deceased's assets and property are inventoried, whether real estate, bank accounts, or investments, then any debts owed are settled before moving to the stage of distributing the remainder to heirs.
Executing the Islamic Will, If One Exists
If the deceased left an Islamic will, it's executed within the limits of the Sharia-permitted one-third before distributing the rest of the estate, and any will exceeding this limit is reduced to the permitted limit only. See our guide on Islamic will limits and validity conditions to understand this rule in detail.
Distributing the Estate Among Heirs Per Sharia Shares
The remainder of the estate is distributed among heirs per their Sharia-defined shares, which vary by degree of kinship and the number of heirs at each degree. Precisely calculating shares needs deep understanding of inheritance rules, especially in complex cases involving multiple degrees of kinship.
Estates That Include Real Estate
When the estate includes real estate, heirs need to formally transfer ownership to their names per their shares after the heir-determination deed is issued, and disputes may arise at this stage over dividing inherited real estate if heirs disagree on selling or physical division.
What If a Dispute Arises Among Heirs Over the Division?
The relevant court can be approached to resolve the dispute per Sharia inheritance rules if amicable agreement among heirs fails, whether the disagreement is over interpreting shares, concealing some estate assets, or one heir wanting an action conflicting with the rest's rights.
How We Help
We accompany you through the entire estate division journey, from obtaining the heir-determination deed to inventorying assets, executing the will, and distributing shares, resolving any dispute that may arise among heirs in a way preserving everyone's rights. Reach out on WhatsApp to review your estate's situation.
Frequently Asked Questions
Can the estate be distributed before settling the deceased's debts?
No, debts owed by the deceased must be settled from the estate before any portion is distributed to heirs.
What if a dispute arises among heirs over the division?
The relevant court can be approached to resolve the dispute per Sharia inheritance rules if amicable agreement fails.
How long does inventorying and distributing an estate with multiple properties take?
The timeline varies by the number of heirs and asset complexity, but real estate estates usually need longer given the formal ownership transfer procedures for each property.