When a foreign property owner in the UAE passes away without a DIFC will, the heirs start a probate procedure at the UAE court. This process typically costs more than EUR 10,000 and takes 12 to 24 months. This article describes the complete process: every step, every document and every cost item.
Why probate?
Property in the UAE cannot simply be transferred after death. Without a valid local will, a court must establish who the rightful heirs are and how the property should be distributed. That procedure is called probate.
For foreign heirs, this means navigating a foreign legal system, in Arabic, with different procedural rules than they are accustomed to.
The process step by step
Step 1: obtain and legalise the death certificate
The death certificate from the owner’s home country must be given an apostille (legalisation for international use). This runs through the relevant authority in the home country. The certificate must then be sworn-translated into Arabic by a certified translator.
Timeline: 2 to 4 weeks. Costs: EUR 200 to EUR 500 (apostille + translation).
Step 2: certificate of inheritance
A notary or court in the home country must issue a certificate of inheritance (or equivalent). This document proves who the legal heirs are. This document must also be apostilled and sworn-translated.
Timeline: 2 to 6 weeks (depending on the notary and any complications). Costs: EUR 500 to EUR 1,500 (notary + apostille + translation).
Step 3: power of attorney for local representation
The heirs must authorise a lawyer in the UAE to act on their behalf. This requires a notarial power of attorney, also apostilled and translated.
Timeline: 1 to 2 weeks. Costs: EUR 200 to EUR 500.
Step 4: engage a UAE lawyer
A local lawyer submits the probate application to the competent court. The choice of court depends on the emirate where the property is located.
Lawyer costs: EUR 3,000 to EUR 8,000, depending on complexity and emirate. Some firms work with hourly rates, others with fixed fees.
Step 5: court procedure
The court reviews the submitted documents, establishes the heirs and decides on the distribution of the property. Recent changes to UAE legislation have adjusted the default inheritance rules for foreign owners, but application may vary by case and by emirate.
Timeline: 3 to 12 months (from submission). Delays due to additional documentation requests are common.
Step 6: transfer of ownership
Following the court ruling, the property is formally transferred at the land authority of the relevant emirate. This requires additional registration fees and administrative steps.
Timeline: 2 to 4 weeks after the ruling. Costs: variable, typically EUR 500 to EUR 2,000 (land authority registration fees).
Total cost overview
| Cost item | Indication |
|---|---|
| Apostilles and translations | EUR 600 to EUR 1,500 |
| Certificate of inheritance | EUR 500 to EUR 1,500 |
| Power of attorney and legalisation | EUR 200 to EUR 500 |
| UAE lawyer | EUR 3,000 to EUR 8,000 |
| Court fees | EUR 500 to EUR 1,000 |
| Transfer of ownership | EUR 500 to EUR 2,000 |
| Total | EUR 5,300 to EUR 14,500+ |
The lower bound applies to a straightforward situation with one property in Dubai. With multiple properties, properties in different emirates or disputes between heirs, costs escalate.
Total timeline overview
| Phase | Indication |
|---|---|
| Documentation in home country | 4 to 10 weeks |
| UAE lawyer and submission | 2 to 4 weeks |
| Court procedure | 3 to 12 months |
| Transfer of ownership | 2 to 4 weeks |
| Total | 6 to 18 months (realistic: 12 to 24 months) |
What happens to the property during that period
As long as the probate procedure is ongoing, the property is effectively frozen. The heirs cannot sell it, rent it to new tenants or encumber it with a mortgage. Existing rental contracts continue, but rental proceeds may be blocked until ownership is formally transferred.
The alternative: a DIFC will
A DIFC will prevents the entire probate process. The will is registered at the DIFC Wills Service Centre and is executed through the DIFC legal system. The procedure is faster, cheaper and conducted in English.
The costs of a DIFC will via VAEtestament: EUR 497, EUR 797 or EUR 1,499. DIFC registration fees are separate. A fraction of the probate costs. Read more about the packages and what each tier includes.