Introduction: The Estate Between Sharia Rights and Procedural Complexity

An estate becomes joint property among the heirs upon the death of the decedent, and its division is governed by Islamic Sharia, which clearly defines each heir’s share. In Saudi Arabia, the Personal Status Courts and the General Courts handle matters related to estates.

Although the Sharia rights of heirs are well-defined, the practical procedures—such as identifying estate assets, assessing their value, paying outstanding debts, and dividing the estate—were previously considered challenging due to lengthy processes and overlapping authorities.

With the digital transformation of the judicial sector, estate procedures have become more organized and efficient, enabling heirs to receive their rights through clear and simplified mechanisms.

This article explains the stages of estate division in the Saudi legal system, the Sharia-based rules, and the modern judicial procedures that help heirs access their rights quickly and easily.

First: Verifying the Death and Identifying the Heirs

The process begins by confirming the death of the decedent and identifying the heirs through the Personal Status Court.

1. Heir Identification Deed

This is an official document that includes:

  • Names of the legal heirs

  • Their relationship to the deceased

  • Identification of heirs eligible by fixed shares or agnatic inheritance

  • The legal share of each heir

This deed forms the basis for all subsequent estate procedures.

2. Guardianship Over Minors

If a minor is among the heirs, the court appoints a legal guardian to manage the minor’s share.
Any action involving the minor’s portion remains under court oversight to ensure protection of the minor's rights.

Second: Identifying Estate Assets and Settling Liabilities

After identifying the heirs, the next major stage is determining the estate’s assets and obligations.

1. Listing Estate Assets

This includes:

  • Real estate

  • Bank accounts

  • Investment portfolios and shares

  • Vehicles

  • Commercial establishments and trade records

  • Any other financial rights

Government entities such as banks and the notary public cooperate with the courts to officially list these assets.

2. Paying Liabilities Related to the Estate

In accordance with the Sharia rule: “No estate shall be divided before debts are paid.”

Priority goes to:

  • Debts owed by the deceased

  • Valid wills (up to one-third of the estate)

  • Funeral and burial expenses

Only after these obligations are settled may the estate be divided among the heirs.

Third: Amicable Division vs. Judicial Division

1. Amicable Division (Preferred and Fastest)

If all adult heirs agree on how to divide the estate, their agreement can be documented at the notary public or by a licensed notary.
The notarized division deed becomes an executory instrument, enforceable immediately if any party violates it.

Advantages of Amicable Division:

  • Faster

  • Lower cost

  • Avoids prolonged disputes

  • Direct enforceability

2. Judicial Division (If There Is a Dispute or Minors Involved)

If the heirs do not reach an agreement or if minors are involved, the court proceeds with the division:

A. Appointment of a Valuation Expert

The court appoints a real estate or engineering expert to assess asset values and propose a fair distribution.

B. Selling Assets Not Suitable for Physical Division

If an asset cannot be divided (e.g., a single house), the court orders it sold in a public auction.
The proceeds are then distributed according to the heirs’ shares.

Fourth: Digital Platforms That Accelerate Estate Procedures

To streamline the process, the Ministry of Justice introduced modern digital tools such as:

1. Najiz Platform

Enables heirs to:

  • Submit death verification requests

  • Issue heir identification deeds

  • Submit estate division requests

All electronically, with court visits required only when necessary.

2. Licensed Notaries

Allowing amicable estate division to be notarized outside the court has reduced congestion and sped up the execution process.

Conclusion: A System Balancing Sharia and Modern Efficiency

The Saudi legal system has successfully modernized estate procedures while maintaining:

  • Precise Sharia rules governing inheritance

  • Modern judicial methods ensuring protection and speedy access to rights

Strict adherence to settling the deceased’s debts before division reinforces justice, while facilitating amicable division and empowering notarization as an executory instrument reduces disputes and strengthens family financial stability.

The role of lawyers and legal advisors remains essential in guiding heirs through the stages of identification, settlement, and distribution to ensure quick completion without conflict.