Inheritance is one of the most common things that can cause problems between heirs after the death of the bequeathed.
Sometimes many people do not know what are the things they are supposed to do to get their inheritance, or they get lazy because of the numerous procedures and the lengthy period of litigation?
In the series of the coming articles, you will know everything about your inheritance rights, and what procedures do you need to take to get your inheritance?
The first thing you need to know is that there are three types of human relationships, which are what allow a person to inherit from another person, namely marriage, kinship and lineage.
Marriage: spouse (husband or wife) of the bequeathed.
Kinship: uncles and aunts (from the mother’s or the father’s side).
Lineage: father, mother and children.
How do I know if I am an heir or not?
During earlier times, it was very difficult to find out if you are an heir or not where you had to go ask a sheikh or a specialist. Nowadays, the topic became very easy with the presence of mobile applications and websites that can let you know if you are an heir or not and your share of the inheritance.
Here is a list of the best applications and websites for inheritance calculation:
Website of the Ministry of Justice in the Kingdom of Saudi Arabia
After you know if you are an heir or not and your share in the inheritance, you can start the procedures for obtaining your inheritance. The first procedure that must be taken to obtain the inheritance is to obtain a guardianship decision in the event there are minors among the heirs.
A minor is a person who is less than 21 years old, and a guardian must be appointed before obtaining the decree of distribution. The guardianship decision is obtained from the Probate Court (Family Court) that the place of residence of the bequeathed falls unders its jurisdiction or the place of the majority of the deceased’s estate or the place of residence of the minors that require the guardianship decision.
The required documents to obtain a guardianship decision:
The death certificate of the bequeathed.
Minors’ birth certificates.
National identity card of the guardian, usually the mother
The legal guardian is present to give up his guardianship if any and does not wish to exercise his guardianship over the minors (the legal guardian is often the father or the grandfather)
The guardianship decision shall be obtained within one week or more from the date of the application to obtain it.
After obtaining the guardianship decision in case thre are minors, the heirs can start the procedures of obtaining the decree of distribution.
The death certificate of the bequeathed.
Photocopies of the national identity cards of the heirs.
Request to obtain the decree of distribution.
The required documents shall be submitted before the Court that have jurisdiction on account of the place of residence of the bequeathed as mentioned on his national identity card by one of the heirs or his representative.
After submitting these documents, a hearing shall be scheduled to notify the remaining heirs and hear the witnesses’ statements. In this hearing, the applicant must be present together with two witnesses who are not from the heirs. These witnesses must know the names of the heirs in full as the Court President shall ask them about the name of the bequeathed and the names of the heirs after taking an oath.
In this hearing, the applicant must possess the notice made to the remaining heirs on the scheduled hearing to consider the decree of distribution. This notice shall be made at the bailiff’s department at the court.
After submitting the notice, hearing the testmonies of the witness by the court president and submitting the guardianship decision in case of minors, a date shall be fixed for receiving the decree of distribution, and in most cases, it will take from one to two weeks.
After obtaining the decree of distribution, the heirs shall be entitled to deal with the bequeathed’s estate in case there are no disputes over it or debts by any stranger to the heirs or dispute among the heirs themselves.