Ownership & RightsReal Estate Succession
Synonyms: Estate transfer of real property، Property inheritance procedure، Transmission to heirs
Last updated: 2026-09-25
Short Definition
Real estate succession is the set of legal steps that transfer a deceased person's properties to his heirs: proving death and inventorying heirs, paying debts and executing the will, then registering, partitioning or selling the property.
Overview
Real estate succession is the set of legal steps that transfer a deceased person's properties to his heirs: proving death and inventorying heirs, paying debts and executing the will, then registering, partitioning or selling the property.
The process begins with an heir-inventory deed issued electronically through the Najiz platform. Personal Status Courts are competent to establish death, inventory heirs, rule on inheritance and divide estates, including real estate, where there is a dispute, a minor, an absent heir, a waqf share or a will (Art. 33, Law of Procedure before Sharia Courts). The deceased's properties are then identified (Ministry of Justice services allow an inquiry into owned properties), debts are paid and the will executed in the order set by Article 198 of the Personal Status Law. The heirs then have options: transfer the deed into their names as undivided co-owners in their Sharia shares, partition by agreement, a documented takharuj (Arts. 243–245), or a sale by agreement. If they cannot agree and the property cannot be divided in kind without harm, the court orders a sale by auction (Art. 628, Civil Transactions Law), and the Infath Center oversees auctions of estates referred to it.
In areas announced for registration, the inheritance and partition must be recorded in the Real Estate Registry, and the relevant agencies notify the registry of the death and the list of heirs (Arts. 13 and 15, Law of Real Estate Registration). The division of an estate and the execution of a documented will are exempt from the Real Estate Transaction Tax, whereas a sale to a third party is taxable at 5%. It is advisable to confirm with ZATCA the tax treatment of a takharuj paid from outside the estate, since the stated exemption covers the division of the estate. Where an heir is a minor, dealing with his share requires the court's permission.
⚖️ Legal Basis
Real estate succession is governed by Article 33 of the Law of Procedure before Sharia Courts, giving Personal Status Courts jurisdiction over heir inventories, inheritance, estate division and authorising guardians' and executors' dispositions; the Personal Status Law (Royal Decree M/73 dated 6/8/1443H) on the ranking of claims on the estate (Art. 198) and takharuj (Arts. 243–245); Articles 627–628 of the Civil Transactions Law on judicial partition and sale by auction; and Articles 13 and 15 of the Law of Real Estate Registration on recording inheritance. Article 3 of the RETT Implementing Regulations exempts the division of an estate and the execution of a documented will.
💡 Practical Example
Three siblings, a brother and two sisters, inherit a building in Jeddah worth SAR 3,600,000: the brother holds half and each sister a quarter. After the heir-inventory deed is issued through Najiz and the deed is transferred to them as undivided co-owners without RETT, the brother wants to keep the building. They agree on a takharuj documented by the competent authority: the brother pays each sister SAR 900,000 from his own funds and the deed is registered in his sole name. Had one sister refused and the building been indivisible in kind, one of them would have filed a partition claim before the Personal Status Court, which could order a sale by auction and distribute the price according to the shares.
⚠️ Common Mistakes
- ✗Leaving the property in the deceased's name for years without an heir inventory or deed transfer, complicating matters as some heirs die and generations multiply.
- ✗An heir selling a share or a separated portion before partition, or dealing with a minor's share without the court's permission.
- ✗Making a takharuj or partition orally without documentation, so it cannot later be recorded or relied on.
- ✗Assuming every transaction among heirs is tax-exempt; the exemption covers the division of the estate, while a sale to a third party is taxable at 5%.
- ✗Overlooking the deceased's debts or a mortgage on the property before partition, although a debt attached to the property ranks first.
🌍 International Differences
In Turkey, heirs obtain a certificate of inheritance (veraset ilamı) from a court or notary, then register the property at the land registry, and inheritance and gift tax applies. In the UAE, personal status courts handle estate inventories, with separate routes for non-Muslims. In common-law countries estates go through probate or letters of administration before property is transferred. Saudi Arabia levies no inheritance tax.
FAQs
What are the steps to transfer a deceased person's property to the heirs?▾
Start by proving the death and obtaining the heir-inventory deed through Najiz, then identify the properties, pay debts and execute the will, then transfer the deed into the heirs' names by share, partition it or sell it. In areas announced for registration, the inheritance is recorded in the Real Estate Registry.
What happens if the heirs cannot agree on partitioning the property?▾
Any heir may request judicial partition before the Personal Status Court. If the property cannot be divided in kind without harm or a major loss of value, the court orders a sale by auction and distributes the price according to the shares.
Can one heir buy out the others' shares?▾
Yes, through takharuj, an agreement by which an heir gives up his share in exchange for a specified item from the estate or from outside it, which must be documented before the competent authority under Article 243 of the Personal Status Law.
Is court permission needed if one of the heirs is a minor?▾
Yes. Personal Status Courts appoint guardians and executors and authorise dispositions requiring court permission, including dealing with a minor's real estate, and they hear estate partitions involving a minor.
Who sells estate properties by auction?▾
The Infath Center (Support and Liquidation Center) oversees real-estate auctions relating to estates and court judgments referred to it, offering the assets in public electronic auctions.
