Neutral handling of a sensitive family matter
We handle disagreements between relatives calmly and objectively, put settlement first where possible, and keep family details within the case team.
Inheritance, estates and wills
Inheritance and Estates Lawyer — From the Heirship Deed to Each Heir's Share
Request an assessment
The case type is preset to inheritance and estates; briefly describe the estate and any point of disagreement, and a general description without names is enough if you prefer.
An inheritance lawyer representing heirs and those managing an estate: heirship deeds, listing the assets, dividing the estate by agreement or through the court, disputes over shared property and balances, and documenting wills and endowments. We work from our Jeddah office with heirs across every region of the Kingdom and abroad. Send us the deeds you have, and we will come back with an initial assessment of the estate.
Matters we handle
- Obtaining an heirship deed, or updating it after one of the heirs dies
- Listing the deceased's assets: property, balances, shareholdings and debts
- Dividing an estate by agreement and documenting the heirs' settlement
- Filing a division claim when an heir refuses or agreement fails
- One heir keeping an estate property, or its income, to themselves
- Selling a property shared by the heirs that cannot be divided
- Documenting a will or waqf, or disputing a will after death
- An estate with a minor heir or an heir living outside the Kingdom
How we move an estate file forward with you
- 1Identifying the heirs: we check there is a valid, up-to-date heirship deed, or apply for one or for its update through Najiz or the personal status court.
- 2Listing the estate: we gather proof of the deceased's property, rights, debts and any will, so the full picture is clear before any division.
- 3Division by agreement or by claim: we draft a division agreement for the heirs to sign and document; if agreement fails, we file the division claim and attend its hearings.
- 4Enforcement and transfer: we follow the transfer of title to each entitled heir or the sale of property, the distribution of balances, and enforcement if a party refuses.
Why heirs choose Kawkaba Law for estate files
A written fee agreement
After the initial assessment we give a written fee proposal setting out the scope and stages of the work, so every heir knows what representation covers before we start.
Heirs in different cities or abroad
We follow the file remotely through Najiz and video hearings where the court allows, and explain power-of-attorney and documentation requirements to heirs living outside Jeddah or outside the Kingdom.
Identifying the heirs: obtaining and updating the heirship deed
The heirship deed is the document every estate procedure starts with: it identifies who inherits and their relationship to the deceased, and banks, notaries and government bodies ask for it before anything is done with the deceased's assets. In many cases it can be requested online through Najiz, and the personal status court hears the application when the case needs witnesses or incomplete details must be verified.
Some applications are held up by things that look minor: a name that does not match across documents, an heir missing from the family record, or a death abroad that has not yet been registered. We check the details before filing and fix what is missing, so the application does not keep coming back to you.
An issued deed may also need updating, for example when an heir dies before the division and their share passes to their own heirs, or when an error or omission comes to light. Our insights section has a guide on updating the heirship deed that explains when an update is needed and how to request it, and we handle the procedure for you when the file is more involved.
Dividing the estate: by agreement or through the court
Before division, the deceased's debts are paid and any will is carried out within its Sharia limits; the remainder is then distributed among the heirs according to their Sharia shares under the Personal Status Law. No heir's share is settled until the heirship deed and the asset list are complete, which is why we give no estimates before studying the file.
If all adult heirs agree, the estate can be divided amicably: we draft an agreement setting out what each heir takes in property or money, or recording a buy-out (takharuj) where an heir gives up their share for compensation, and the agreement is then documented with the competent authority so it can serve as the basis for transferring title. This route is usually quicker and kinder to family ties.
When agreement is out of reach, or a minor or absent person is among the heirs, an estate division claim is filed with the personal status court. The court looks at the assets and their valuation, divides what can be divided, and orders the sale of what cannot, distributing the proceeds. An estate lawyer from our team represents your share throughout, and the door to settlement stays open at every stage.
Disputes between heirs over property and money
Most inheritance disputes involve real estate: an heir living in the family home who refuses to leave or divide it, an heir letting out an estate building and keeping the rent, or an heir who will not sign, blocking a sale no one else can complete. The starting point is that the estate belongs to all the heirs, each in proportion to their share, so no heir may take it over or deal with it as if it were theirs alone.
Depending on the case, we ask the court to divide the property or order its sale if it cannot be divided, to award a fair rent for an heir's exclusive use of it, or to hold whoever managed estate assets to account for income and expenses. Where an estate is large or involves many parties, the court may refer its management or liquidation and the sale of its assets to a specialised body, such as the Enfath centre, or appoint someone to safeguard it until the dispute is decided.
Disputes are not limited to property: frozen bank balances, a sole proprietorship in the deceased's name, company shareholdings, and debts owed to or by the deceased. We bring these assets into one file and separate what needs a judgment from what an agreement can settle, so a dispute over one asset does not stall the whole estate.
Wills and endowments (waqf): documentation and the limits of a will
A will takes effect after death, and among its general Sharia rules are that it may not exceed one third of the estate and may not be made in favour of an heir, unless the heirs approve it as set out in the Personal Status Law. We therefore review a will's wording before it is documented so the bequest and beneficiary are clear and it can be carried out without later disputes between the heirs.
A waqf (endowment) holds an asset and dedicates its benefit to a charitable purpose or to the founder's descendants; it can be created during the founder's life or take effect after death. We help draft the waqf's conditions, name its administrator (nazir) and set how its income is spent, then document it with the competent authority, which protects the founder's intent and reduces disagreement between beneficiaries.
After death, questions may arise about a will's validity, whether it exceeds one third, whether it conflicts with the heirs' rights, or how a waqf administrator is managing it. We take these matters before the personal status court, where the decision rests with the court on the evidence and the texts.
Documents you need to start an estate file
You do not need every document before contacting us; we start with what you have and guide you on the rest. It helps to gather whatever is available of the following:
- The death certificate and ID of the deceased
- The heirship deed if issued, the heirs' IDs and the family record
- Property title deeds and proof of balances, shareholdings and commercial registrations
- Proof of debts owed by or to the deceased
- The will or waqf deed, if any
- Powers of attorney from heirs living in another city or outside the Kingdom
Facing a legal matter or dispute? Let a specialist lawyer review it
Send your case details through the assessment form. A specialist lawyer contacts you during business hours with the next step, scope and written fees before any engagement.
- Ministry of Justice licence 441458
- Jeddah office · serving the Kingdom
- Strict professional confidentiality
Frequently asked questions
When do I need an inheritance lawyer?
When heirs disagree on the division or on a property's value, one heir controls the estate or its income alone, some assets are hard to trace, or some heirs live outside Saudi Arabia. An inheritance lawyer also helps before you sign an agreed division, to make sure your share is calculated and documented properly.
How do I obtain an heirship deed?
In many cases the application is made online through Najiz once the death is registered, with the heirs' details and proof of their relationship to the deceased. If the case needs witnesses or missing details, the personal status court hears it. We check the details before filing and follow the application until the deed is issued.
What can I do if one heir refuses to divide the estate?
One heir's refusal does not cancel the others' rights. If settlement fails, a division claim is filed with the personal status court, which divides what can be divided and orders the sale of what cannot, distributing the proceeds according to the Sharia shares. The decision rests with the court.
Can an estate property be sold without every heir's consent?
No single heir or group of heirs can sell the whole property without the others' consent, because it belongs to all of them. But if agreement fails and the property cannot be divided, a court-ordered sale can be requested and the price distributed to each heir in proportion to their share.
What is the difference between a will and a waqf?
A will is a disposition carried out after death within one third of the estate, and it cannot favour an heir unless the heirs approve. A waqf holds an asset and dedicates its benefit to a set purpose on an ongoing basis, and can be created during one's lifetime. Each has its own wording and documentation, and we help you choose what serves your purpose.
Do you handle inheritance cases for heirs outside Jeddah or outside Saudi Arabia?
Yes. We represent heirs across the Kingdom, and most stages can be followed remotely through Najiz and video hearings where the court allows. For an heir living abroad, we explain how to issue and authenticate a power of attorney so we can represent them without their attendance.
How long does dividing an estate take?
There is no single timeframe for every estate. An amicable division depends on the heirship deed and documents being complete and on the heirs signing; a division claim depends on the number of heirs, the type of assets, whether valuation or a sale is needed, and the court's schedule. After studying the file we explain the expected stages and what can speed them up.
What can I do if one heir is collecting the rent from an estate property alone?
Income from an estate property belongs to all the heirs, each in proportion to their share. We start by asking that heir, amicably, to account for it and hand over the shares; if they refuse, a claim can be filed asking the court to hold them to account for income and expenses and to award your share. The court decides on the evidence presented.
How much does an inheritance lawyer cost?
It depends on what the file needs: only obtaining or updating a deed, drafting and documenting a division agreement, or a full division claim and its enforcement. After the initial assessment we give a written fee proposal setting out the scope of work; any government fees follow the official schedule of the relevant authority.
Guides in this practice area
Saudi Estates Platform: Estate Inventory Steps and Documents
The Saudi Estates Platform lets heirs issue an heirs deed, inventory the estate and divide it online. Steps, required…
Updating the Heirs Deed (Hasr Al-Waratha) in Saudi Arabia
Updating a Saudi heirs deed: what it really means, how to digitise an old paper deed on Najiz, when a new document is…