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Probate is the legal process that takes place after a person’s death to ensure the orderly distribution of their estate according to their will, or, in the absence of a will, in accordance with the laws of the jurisdiction. The probate process involves validating the deceased's will, appointing an executor or administrator to manage the estate, and supervising the distribution of assets to the rightful beneficiaries. This legal procedure is essential to confirm that the deceased’s wishes are honored and that any debts or taxes owed are settled.
What Happens Upon the Death of a Person owning assts in the UAE?
When a person passes away, whether within or outside the UAE, several immediate legal and procedural steps must be taken. The first step involves registering the death with the relevant authorities and obtaining a death certificate, which is crucial for initiating the probate process. If a person passes away outside the UAE, the death certificate must be officially recognized in the UAE to proceed with legal matters like probate. The process involves:
Obtaining the Death Certificate from the country where the death occurred.
Attesting the Certificate by the local authorities in that country.
Attestation by the UAE Embassy in the country of death.
Translation into Arabic by a certified translator in the UAE.
Final Attestation by the UAE Ministry of Foreign Affairs (MOFAIC).
Once these steps are completed, the death certificate is recognized in the UAE, enabling the continuation of legal procedures like probate.
Regardless of where the death occurred, the deceased’s assets in the UAE are typically frozen, meaning no transactions or transfers can take place until probate is completed. If the deceased had a will, the executor named in the will is responsible for initiating the probate process. In the absence of a will, the court will appoint an administrator to manage the estate.
Probate Processes Across Different UAE Jurisdictions
The probate process in the UAE, whether through the DIFC Wills and Probate Registry, ADGM Wills and Probate Registry, Abu Dhabi Judicial Department (ADJD), or Dubai Courts, follows a similar procedure. Upon the death of an individual, the executor or an appointed administrator initiates the probate process to ensure the distribution of the deceased's assets according to their will. If a will is registered in any of these jurisdictions, the assets are distributed in accordance with the law of the country chosen in the will. This process is particularly streamlined for non-Muslim expatriates in the DIFC and ADGM, while the ADJD and Dubai Courts also handle cases where a will is present, ensuring the deceased’s intentions are honored.
The Next Steps After Probate
Once probate is granted, the executor or court-appointed administrator gains the legal authority to manage and distribute the deceased's assets. The next steps typically include:
Gathering and Valuing Assets: The executor or administrator identifies and values all assets, including real estate, bank accounts, investments, and personal property.
Paying Debts and Taxes: Before distributing the estate, any outstanding debts, including rents, fines and taxes, must be settled. This may involve selling assets if there is not enough liquid cash available.
Distributing the Estate: After debts and taxes are paid, the remaining assets are distributed to the beneficiaries according to the will or, if there is no will, in accordance with the local inheritance (Sharia) laws.
Final Accounting: The executor or administrator provides a final accounting of the estate to the beneficiaries and the court, ensuring that all aspects of the estate have been handled correctly and transparently.
Conclusion: The Importance of Estate Planning in the UAE
Understanding the probate process in the UAE is essential for expatriates and residents alike. Whether you choose DIFC, ADGM, ADJD, or Dubai Courts, having a will is crucial to ensure your assets are distributed according to your wishes and laws of your choice. Without a will, your estate may be subject to lengthy legal processes and could be distributed in ways that do not align with your intentions.
By proactively creating a will and selecting the appropriate jurisdiction for probate, you empower your loved ones with confidence, ensuring that your legacy is preserved as you intended. This foresight safeguards your assets from unnecessary legal complications, providing clarity and peace of mind for both you and your beneficiaries.
Contact Juris Maestro Law Firm today to learn how our exceptional expertise in wills and estate planning can safeguard your legacy and ensure your wishes are honored. Let us be your trusted partner in navigating the complexities of inheritance law with our tailored legal services.
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