The estate usually needs to be settled first
When a property owner in Dubai passes away, the property cannot simply be sold by a family member. Ownership has to pass through a recognised legal process that establishes who the heirs are and what share each is entitled to. Depending on the circumstances, that may involve the Dubai Courts, the DIFC Courts where a will was registered with the DIFC Wills Service, or another applicable route.
Which rules apply can depend on factors such as the deceased's nationality and religion, whether there was a registered will, and the laws in force at the time. This is an area where qualified legal advice is genuinely necessary. The information here is a general overview only.
For non-Muslims, Federal Decree-Law No. 41 of 2022 on civil personal status sets a default where there is no will: half of the estate goes to the surviving spouse and the rest is divided equally among the children. Heirs of foreign nationals may ask for their home country's inheritance law to apply, unless a registered will says otherwise. Non-Muslim wills can be registered with the registries at the Dubai Courts and the DIFC Courts.
The general sequence families can expect
- Obtain the death certificate, and have it legalised and translated if it was issued outside the UAE.
- Identify whether a will exists and where it was registered.
- Open the inheritance or probate process through the appropriate court, usually with a lawyer.
- Receive the court documents that confirm the heirs and their entitlements.
- Agree among the heirs whether to sell, and appoint representatives where heirs cannot attend.
- Settle any mortgage, service charges and other liabilities attached to the property.
- Complete the sale and transfer, with proceeds distributed according to the heirs' entitlements.
The order and specific requirements can vary. Your lawyer will confirm the exact steps for your case.
When heirs live outside the UAE
Heirs abroad do not usually need to travel to Dubai, but they will normally need a power of attorney appointing someone to act on their behalf. A power of attorney signed overseas generally has to be notarised and legalised before it can be used in Dubai, which can take a couple of weeks or more, depending on the country. Starting this early prevents it becoming the step that holds everything up.
If the property has a mortgage
Most UAE home loans require life insurance, which is designed to settle the outstanding balance if the borrower dies. Contact the lender as early as possible to find out whether a policy applies and what documents they need. If the loan is not covered, it will generally need to be settled as part of any sale, in the same way as any mortgaged property sale.
When the family can't agree
It is common for heirs to have different views. One wants to keep the property, another wants to sell, a third wants to rent it out. A sale normally requires agreement from all heirs or a court-sanctioned route. Understanding a realistic sale value can help families have that conversation on firmer ground.
Inherited homes have often been lived in for many years and may need updating. If that applies, see selling a property as-is and, for villas specifically, selling a villa in Dubai.
Documents families are commonly asked for
Your lawyer will confirm the full list for your case.
- Death certificate (legalised and translated if issued abroad)
- Title deed for the property
- Will, if one exists, and details of where it was registered
- Court-issued documents confirming heirs and entitlements
- Passports and Emirates IDs of the heirs
- Legalised powers of attorney for heirs who will not attend in person
- Mortgage and service charge statements
We do not provide legal advice. Please consult a qualified UAE legal adviser about inheritance matters.
Sources
Laws, fees and procedures on this page were checked against these pages. They change, so confirm the current position for your own transaction.
- What are the key laws governing inheritance for non-Muslims in Dubai? (Mondaq, October 2024)
- Inheritance Title Transfer (Dubai Land Department)
- Wills FAQ (DIFC Courts)
- Power of attorney attestation in Dubai (2026 guide) (Property Finder, April 2026)
- Understanding compulsory life insurance for mortgages in the UAE (Holo, September 2023)
Last reviewed 13 October 2026. This is general information only, not legal, financial or tax advice. Fees and requirements change, so confirm specifics for your own transaction.
Review history
- : Sources added (DLD, DIFC Courts). Corrected wording on power of attorney timing and mortgage life insurance.