Duration of inheritance cases in Saudi courts

Duration of inheritance cases in Saudi courts

In accordance with Islamic law and Sharia in the first place, this is what the office of lawyer Abdul Majeed Al-Rashid, one of the most important lawyers in inheritance cases, does and provides integrated legal solutions to all Saudi families.

Therefore, the division of inheritance is one of the decisive moments that depends on the experience and skills of the lawyer responsible for inheritance cases that help people achieve stability and grant each person his full rights according to what is approved by the Islamic religion, and this is what the Abdul Majeed Al Rashid Law Office seeks to achieve as it is fully prepared to provide the necessary support with professionalism and high skill so that we can learn in this article all the details of inheritance cases, its duration and others.

Duration of inheritance cases in courts

The duration of inheritance cases in Saudi courts varies based on the details of the case, which may start from 6 months to 12 months, in order to decide the case and clarify the final solutions and implement them through the courts specialized in inheritance cases. The case cannot be decided quickly without evidence or documents proving the kinship between the heirs and the method of distributing them according to Islamic law.

This is due to the importance of inheritance issues, which require careful adherence to all legal procedures necessary to assess and repay any property or debts owed by individuals in order to legally distribute the estate and work to calculate each heir’s share of the estate. These delicate processes require sufficient time to ensure a fair and appropriate settlement for each party.

Inheritance division calculator

Lawyer Abdul Majeed Al Rashid’s office also uses an inheritance division calculator to provide advice and instructions on how to calculate inheritance cases in Saudi Arabia. The office places great emphasis on accuracy and credibility in distributing inheritance to all parties in accordance with Islamic law and based on evidence presented in inheritance division cases.

Let us learn about the procedures followed in dividing inheritance as follows:

1. Accelerating the duration of inheritance cases: Providing all necessary procedures to expedite the division of inheritance without any disputes that hinder this procedure.
2. Communicating with a legal advisor: One of the most important procedures for calculating the division of inheritance is communicating with a legal advisor specialized in inheritance issues and providing all sufficient evidence to implement the division as quickly as possible based on a legal decision.
3. Benefiting from electronic tools: Using software to calculate inheritance has become one of the most important procedures that expedite the duration of inheritance cases, provided they are affiliated with the Ministry of Justice, such as the Sharia inheritance calculation service.
4. Facilitating the financial transfer process: This is done by creating a bank account for each heir, through which they can transfer their share of the inheritance without any complications or delays in receiving the inheritance.

Procedures for dividing heirs

There are some procedures through which the inheritance can be divided among the parties who benefit from it, meaning the heirs. However, the person responsible for these procedures is the judiciary or the court competent to settle the dispute and determine the financial entitlements of each person after reading the evidence and documents submitted in this case. Let us thus learn about the steps followed in deciding the duration of inheritance cases and implementing it as follows:

• Request sufficient documents

Where some official papers or documents are requested through which the heirs can be identified and the rights of each person can be determined. Among the most important papers requested in such cases are (the deed of power of attorney from the heirs in their absence – the deed of will – then the identification of the heirs of the deceased – the statement of the deceased’s account in any bank account).

• Confinement of the Turks

The step of inventorying the estate is considered one of the steps that affects and disrupts the duration of inheritance cases, especially if there is more than one source for it, such as money in banks – real estate – stocks, etc., and the waist is done through the competent authorities such as banks, the stock exchange, etc.

• Debt and dispute exclusion

The existence of any debts and properties subject to certain disputes from parties other than the heirs is excluded, as they are the subject of the dispute and can only be decided after identifying the parties to the dispute and their evidence and deciding on them.

• Estimating assets and property 

Real estate, shares, and all movables are submitted by the consideration body in the event that no solutions or agreement are reached between the parties to the heirs.

• Proof of debts

Providing proof of the deceased’s debts, whether through his will or the existence of debts recognized by certain parties and the need to pay them before distributing the estate.

• Writing for the consideration body or experienced people

The lawsuit is written to the examining body or experts, and the seizure includes a statement of all the details related to the estate and a request to rule on its division and give each heir his legal share.

• Adjust the answer and agree to the division

This is what the judge does by controlling the answer and approving the division, and giving each heir his legal share, and after completing this step, it is considered a significant shortening of the duration of inheritance cases.

• View estimates and approve division

This is done by presenting estimates to both parties and agreeing to division, where assets are distributed according to legal shares.

• Allocating a guardian for the minor

 If there is a minor heir, a guardian is appointed to oversee his assets until he reaches the age of majority, and he becomes responsible for controlling these assets.

• Reconciliation or sale of the estate in case of dispute

In the event of a lack of agreement between the two parties or the emergence of disputes, room is left for reconciliation or the sale of the estate and the conversion of assets into cash, which are then divided according to legal shares.

These procedures are therefore a clear path toward settling the estate fairly and in accordance with Sharia assessments, and the team from Attorney Abdul Majeed Al Rashid’s office is pleased to provide assistance and advice in this process.

Types of inheritance cases in Saudi Arabia

Inheritance cases in Saudi Arabia vary according to the method of rights, their types, the parties to the dispute, and other matters that affect the nature of the case. There are many inheritance cases that include monetary financial assets that are identified through bank statements or real estate assets in the name of the deceased, and each of them has cases that take time and affect the duration of inheritance cases. Let us learn about the types of these cases as follows:

• Cash division lawsuits: These cases aim to determine each heir’s share of cash, and are ruled fair and equal.
• Real estate division lawsuits: In this case, the property is distributed among the heirs according to certain legal procedures that are both precise and decisive.
• Claims to divide real items: This refers to any items left behind by the deceased, such as jewelry and valuables, as the judge seeks to maintain balance among the heirs.
• Claims for forced division of the estate: They arise to settle disputes between heirs after the death of the heir, in harmony between judgment and justice.
• Claims for division of inheritance by mutual consent: They embody an understanding between heirs, whereby the inheritance is divided with everyone’s consent. They are considered the fastest and shortest in terms of the duration of inheritance cases.
• Estate division claims for non-Saudis: The distribution of the estate of non-Saudis requires special procedures to be followed to ensure fair distribution.

Factors governing the duration of inheritance cases in courts

Inheritance law in Saudi Arabia is subject to a group of factors that significantly affect the duration of inheritance cases. These factors may be a reason for expediting the ruling and adjudication of the case, or a reason for the existence of major problems and disputes that affect the duration and lead to lengthy procedures followed in dividing the inheritance among the heirs. Let us learn about these factors in the following points:

• Type of lawsuit and size of lawsuits

The type of lawsuit plays a major role in the duration of inheritance cases. If they are complex cases or lawsuits that take a long time to determine the ruling time.

• Case details

Details refer to everything related to the heirs’ relationship with each other, in addition to the existence of real estate or properties that will be sold at a public auction. In this case, the duration of inheritance cases is longer than in other cases.

• Readiness of required documents 

Preparing papers or documents is considered the most important condition that accelerates the procedures for dividing heirs by the competent court in considering and reviewing them.

• The relationship between the parties and their presence

If there is cooperation between the parties to the dispute or the heirs, it is expected that the ruling on the heirs’ cases will be decided more quickly, in contrast to the problems and disputes that may arise between them and lead to the disruption of the case.

• Lawyer’s experience

The experience and competence of the lawyer plays a major role in dealing with inheritance cases, facilitating them, and issuing a ruling faster if you are with a lawyer who specializes in such cases.

Thus, Abdul Majeed Al Rashid Law Firm and Legal Consultations seeks to provide legal consultations that make it easier for you to avoid any factors that affect the duration of inheritance cases and facilitate their completion and avoid any disputes or disagreements that delay the ruling on adjudicating and dividing inheritance.

How inheritance is divided by court

Dividing the inheritance through the court requires obtaining an inheritance notification deed. This is the first procedure that the court takes after the death of the person, but the heirs must submit a request to divide the inheritance so that the court can request some official papers that prove the identity of the heirs and then make an inventory of bank accounts, money or real estate and other procedures that are carried out legally to study the case A specialized lawyer from Abdul Majeed Al Rashid Law Firm and Legal Consultations can be consulted to clarify the method of dividing the inheritance through the court.

How to expedite the duration of inheritance cases in the courts?

To expedite the duration of inheritance cases in Saudi courts, it is necessary to follow some procedures or advice that benefit the heirs in implementing the division of inheritance among the parties to the case in a legal and legitimate manner. One of the most important of these factors is the presence of a lawyer specialized in inheritance cases in Saudi Arabia. Let us learn about these factors and how to expedite the procedures for this type of case as follows:

1. The necessity of communicating with an experienced lawyer: Choosing a lawyer who specializes in inheritance cases is considered one of the necessary and important steps that helps you take all procedures legally and speed up the duration of inheritance cases.
2. Providing sufficient evidence: Providing sufficient documents and evidence regarding the inheritance or the heirs and beneficiaries whenever the case is completed more quickly and there is no need to postpone hearings due to insufficient evidence.
3. Compatibility and settlement between the parties of the heirs: The presence of disputes or problems between the parties leads to the disruption of the progress of the case procedures, but in the event of dispute settlement and cooperation, it is one of the most important factors in shortening the duration of inheritance cases.
4. Avoid unnecessary postponement: Postponing trials due to non-compliance with attendance or postponement by the court itself leads to disruption of the progress of the case.
5. Following procedures accurately and efficiently: Following case defense procedures very efficiently depends on choosing a lawyer who is specialized and sufficient in this type of case.
6. Amicable settlement: Before going to court for inheritance cases, amicable settlement procedures must be followed by a lawyer who has the ability to clarify all the Sharia laws that govern the distribution of inheritance, and this is easy to accomplish without cases and in an amicable manner.
7.  Follow up on the case regularly: The case must be followed up regularly with the lawyer and kept informed of all developments, which contributes to achieving faster progress in the case.

Remember that the settlement of inheritance cases may vary and may not be entirely guaranteed to be settled quickly, but by following these guidelines and cooperating effectively with the attorney and other parties, the case can be expedited and resolved as quickly as possible.

When does the inheritance fall?

There are some cases in which the party’s right to inheritance is forfeited, according to the law and Sharia, which stipulates that each heir is granted his full and legitimate right to take his share. However, there are some factors that may arise in inheritance cases in Saudi Arabia that may lead to the parties’ right to inheritance being forfeited. Let us learn about them below:

• Waiver of inheritance

Whereas, one of the heirs’ parties addressing his right to the estate or part of it prevents him from obtaining his full right or the part that he relinquished, along with a copy of the existence of papers or documents proving his relinquishment and documenting it legally.

• Death of the heir

When the heir dies before the inheritance, his right to inheritance is legally and legitimately forfeited, and this is one of the common cases that we find in inheritance cases in Saudi Arabia.

•  Difference of religion

 If the religion differs between the heirs and the inheritor, the heir’s right to inheritance may be forfeited, especially if the heir is not a Muslim.

• Murder

If the heir kills the heir, he is deprived of obtaining his share in the estate, and his right to inheritance is completely forfeited.

Choosing Abdul Majeed Al Rashid Law Firm to plead inheritance cases in Saudi Arabia is an ideal choice that helps you complete and expedite any procedures related to this type of case and protect the secrets and rights of clients. Let us learn about the most important features that make Aseel Law Firm your best choice:

• Extensive experience in inheritance division and inheritance issues in Saudi Arabia.
• Rapid legal advice on estate distribution issues.
• Quick and logical solutions to facilitate the procedures for resolving inheritance claims in Saudi Arabia.
• We offer amicable solutions between the parties to the dispute and the heirs and quick judgment.
• Continuous follow-up of all case procedures and resolution.
• The ability to collect evidence and documents that prove the inherited property or real estate.

In the end, the duration of inheritance cases has many factors affecting them, whether it is the specialized lawyer or the evidence provided by the parties to the dispute, and a lawyer specialized in estate distribution cases in Saudi Arabia must be chosen, such as the Abdul Majeed Al Rashid Law Office and Legal Consultations, which plays its full role in providing consultations and even collecting and documenting the evidence and papers required to decide the case.

If you have any questions regarding inheritance cases in Saudi Arabia or face a problem with the duration of inheritance cases, you should contact Abdul Majeed Al Rashid Law Office.

Frequently Asked Questions

Is it permissible for some heirs to refrain from dividing the estate?

No, as the division of the estate is done legally and is distributed to the heirs according to Sharia law, but the refusal of some heirs is considered one of the factors that affect the duration of inheritance cases.

 When does the heir waive his inheritance?

There are some cases in which the heirs are forfeited from the heirs, such as:

•  The death of the heir before the inheritor.
• If the heir kills the inherited property.
• The heir’s refusal to exercise his right to inheritance.
• The heir’s religion differs from the inherited one. If the heir is not a Muslim, it is waived.

Is it permissible to file a lawsuit against one of the heirs?

Yes, as the heirs’ lawsuit is filed by one of the heirs’ parties