The loss of a loved one is always an emotional and challenging experience. Amid the grief, families are often faced with the important legal responsibility of settling the deceased’s affairs — particularly their assets. One of the first questions that arises is: What happens to everything the person owned?
This is where probate comes in. Probate is the legal process through which a person’s estate is administered after death — whether or not they have left a will. In the UAE, probate applies to both Muslims and non-Muslims, but the process differs based on personal status and whether a valid will exists. For Muslims, Shariah principles typically govern inheritance, while non-Muslims may have the option for their home country’s laws to apply if properly requested and documented. It ensures that all debts are settled, the deceased’s assets are identified, and rightful heirs receive their inheritance according to the law.
In the UAE, this process can differ depending on whether the deceased was a Muslim or non-Muslim, and whether a valid will was registered or not.
1. Understanding Probate: Why it matters
Probate is more than just paperwork. It is a court-supervised procedure that:
- Validates the deceased’s will (if one exists)
- Identifies legal heirs and beneficiaries
- Ensures all debts, taxes, and liabilities are paid, and
- Distributes the remaining assets to heirs according to the law.
Without going through probate, no one — not even family members — can access the deceased’s bank accounts, sell property, or take legal ownership of their belongings. In fact, all assets in the UAE are automatically frozen upon death and can only be released by a court order. Two key Probate Scenarios in the UAE.
1.1 Probate with a Will
If the deceased has prepared a valid will, the probate process is generally more straightforward. Here’s how it works:
- The executor named in the will applies to the relevant court to initiate probate
- The court examines and validates the will
- Once validated, the court grants a probate order, authorizing the executor to:
- Settle any outstanding debts,
- Identify and contact beneficiaries,
- Collect and value the assets,
- Distribute the estate in accordance with the will’s instructions
In Dubai, non-Muslim residents may register their wills through:
- The DIFC Wills Service Centre (common law system) – This operates under English common law principles and offers greater flexibility, predictability, and efficiency, particularly for expatriates seeking familiar legal frameworks.
- Dubai Courts (civil law system) – This follows UAE civil law based on Shariah principles, where wills must be translated into Arabic and formally notarized.
Understanding the difference between these systems helps individuals choose the most appropriate jurisdiction for registering their will.
Note: Probate applies to both Muslims and non-Muslims. However, the process differs significantly depending on the deceased’s religion, personal status, and whether a valid will is in place. For Muslims, inheritance is generally governed by Shariah principles. For non-Muslims, home country laws may be applied — if clearly stipulated in a registered will.
- The DIFC Wills Service Centre (common law system),
- Dubai Courts (civil system)
In Abu Dhabi, options include:
- Abu Dhabi Judicial Department (ADJD) Wills Registry, and
- Abu Dhabi Global Market (ADGM).
These specialized will registration platforms offer a streamlined process based on common law principles and are particularly beneficial for expatriate residents.
Note: As of recent updates in 2023–2025, the DIFC and ADGM now allow faster and more efficient probate procedures for registered wills, often concluding within 2–4 months if uncontested.
1.2 Probate without a Will (Intestate Succession)
If a person dies without a valid will, they are considered to have died intestate. In such cases, the distribution of the estate is governed by the applicable federal laws in the United Arab Emirates, which may involve the application of Shariah principles or other legal frameworks, depending on the circumstances of the deceased.
Key points:
- For Muslim residents, Shariah inheritance rules are automatically applied.
- For non-Muslims, the court may apply the laws of the deceased’s home country — but only if a formal request is made and supported with legal documentation. This is not automatic.
- Without a registered will, the distribution of the estate may significantly differ from the deceased’s intentions.
The court appoints an estate administrator to handle the process, which can be longer and more complex, particularly if multiple heirs are involved or if there are disagreements.
2. What Assets are covered by Probate in the UAE?
In the UAE, probate applies to all types of assets located within the country, whether or not there is a will. These include:
- Real estate (houses, apartments, land),
- Bank accounts (both sole and joint accounts),
- Vehicles (cars, boats, etc.),
- Business shares and corporate interests,
- Investments and securities, and
- Valuable personal items (jewelry, artwork, luxury goods).
Important Notes:
- All assets are frozen upon death — including bank accounts and jointly held properties — until a court order authorizes their release.
- Even if one spouse jointly owns property or an account, they cannot access or transfer it without completing probate.
- Banks are legally obligated to block access to the deceased’s accounts until they receive a succession or probate order.
3. The Executor’s role in Probate
If there is a registered will, it names an executor — a trusted individual responsible for carrying out the probate process.
The executor’s duties include:
- Registering the death and obtaining a UAE death certificate,
- Submitting the original will to the court,
- Creating a complete inventory of the deceased’s assets and liabilities,
- Settling debts and taxes, including obligations to government authorities, and
- Distributing the estate to beneficiaries according to the will or law.
If no executor is named, or if the will is invalid or missing, the court will appoint an administrator to manage the estate.
4. How long does Probate take in the UAE?
The duration of probate can vary widely depending on the circumstances. On average:
- With a registered will (DIFC or ADGM): 1 to 4 weeks, assuming the process is uncontested, and all documents are in order.
- Without a will or if disputes arise: 6 to 18 months or longer, especially if asset ownership is complex or if heirs are located abroad.
Delays often occur due to:
- Missing documentations
- Disputes between heirs,
- Complex ownership structures,
- Unregistered or foreign wills needing translation and attestation.
5. How to simplify Probate in the UAE
Planning ahead can make all the difference for your loved ones. Here are practical ways to reduce stress and avoid costly delays:
- Register a Will: For non-Muslims, a DIFC or ADGM will provides legal certainty, protects your intentions, and follows a predictable probate process based on common law.
- Consider Joint Ownership Structures: Using arrangements like “right of survivorship” can allow automatic transfer of ownership (where allowed), but must be structured properly to be legally effective.
- Set Up a Trust or Foundation: Holding assets under a DIFC Foundation or Abu Dhabi Family Foundation can help avoid probate altogether and provide long-term asset protection
- Designate Beneficiaries Where Possible: Some banks and insurance providers allow you to specify beneficiaries — this can expedite access to funds after death
- Seek Legal Guidance: Work with a UAE-based lawyer to ensure your estate plan aligns with both federal and emirate-specific laws, especially as these evolve.
6. Final thoughts
Probate is an essential part of settling an estate after someone’s passing, but in a country as legally diverse as the UAE, it can be especially complex. Understanding how probate works — and taking proactive steps today — can spare your family unnecessary hardship tomorrow.
Whether you’re a long-term resident or new to the UAE, setting up a valid will and reviewing your estate plan is one of the most important gifts you can leave behind.
How Motei & Associates can Help
In the unfortunate event of a loved one’s passing, Motei & Associates provides comprehensive probate services to ensure the smooth and lawful transfer of assets.
We also assist clients proactively through tailored estate planning solutions, including the drafting and registration of wills across all UAE jurisdictions — DIFC, ADGM, and local courts.
Whether you’re preparing for the future or navigating a loss, our experienced team offers clear guidance and dependable legal support every step of the way.
