UAE wills guide
What happens if an expat dies without a will in the UAE?
There is no single automatic outcome. When an expat dies in the UAE without a registered local will, what happens can depend on the person's circumstances, the applications made, and the law the court applies. UAE assets generally pass through a court-led process, and without a will, there is no record of the person's wishes for the court to work from.
The short answer
Much of what circulates about this subject is written to alarm. The honest answer is more conditional: since February 2023, non-Muslim residents have had a civil default framework with options around home-country law, and the outcome for a particular family depends on their circumstances, the applications made, and the law the court applies. What a will changes is whether the court has your recorded wishes to work from, not the existence of a court process.
No automatic outcome
There is no single automatic outcome; what happens can depend on circumstances, applications made, and applicable law.
The civil framework
Federal Decree-Law 41/2022 on Civil Personal Status applies to non-Muslim residents unless they adhere to the law of their home country. It provides options, not one automatic outcome.
The statute's default scheme
In the absence of a will, Article 11(2) provides for half to the surviving spouse and half shared equally among the children. How the law applies to a particular estate depends on the case.
Heirs can apply
Article 11(3) provides that any of a foreigner's heirs may request the application of the law otherwise applicable to the estate, unless there is a registered will to the contrary.
A court-led process
Families typically face heirship or succession proceedings involving attested and Arabic-translated documents. Duration depends on the case.
Children
Courts decide guardianship where no arrangement exists. A will can record wishes and appointments; outcomes depend on circumstances and applicable law.
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Launch price AED 1,050 + court fee
was AED 1,500code LAUNCH26, applied automatically at checkout. Limited to the first 50 customers.
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Which law applies when there is no will?
Federal Decree-Law 41/2022 on Civil Personal Status, which came into effect on 1 February 2023, applies to non-Muslim residents unless they adhere to the law of their home country. It provides options, not one automatic outcome. The UAE government portal states the law gives non-Muslim residents the option to follow the laws of their home country or select alternative personal status laws in effect in the UAE, covering marriage, divorce, inheritance and child custody.
On wills and inheritance specifically: Article 11(1) of Federal Decree-Law 41/2022 provides that a testator may leave a will covering the property they own in the UAE. In the absence of a will, Article 11(2) provides the statute's default scheme. Half of the inheritance devolves to the surviving spouse and the other half is shared equally among the children, with no differentiation between male and female. And Article 11(3) provides that any of a foreigner's heirs may request the application of the law otherwise applicable to the estate, unless there is a registered will to the contrary.
Federal Decree-Law 41/2022 also provides for registration of wills in a dedicated register. Which law applies can also depend on the UAE's conflict-of-law rules, and Abu Dhabi also has emirate-level provisions for non-Muslims (Law No. 14 of 2021 and the Abu Dhabi Civil Family Court). The wider personal-status framework was updated in 2024/2025.
What process does a family face without a will?
Families typically face a court-led process (heirship or succession proceedings) involving attested and Arabic-translated documents. How long this takes depends on the case and the documents involved. UAE assets generally pass through a court-led process either way; without a will there is no record of the person's wishes for the court to work from.
The routes matter here too: ADGM, ADJD, DIFC and Dubai Courts differ in eligibility, scope, process and fees. ADJD has a separate Abu Dhabi route with its own eligibility, scope and process, see our ADGM vs ADJD comparison and check current official details before relying on them.
What about minor children?
Courts decide guardianship where no arrangement exists, taking the children's circumstances into account. A will can record your guardianship wishes and appointments under the selected route, but guardianship or custody outcomes can depend on circumstances and applicable law.
Parents thinking this through can read our guide to UAE wills for expat parents, which covers what a will can record about both UAE assets and guardianship wishes.
How does a registered will change the picture?
A registered will records your wishes in advance in a recognised, registered document under the selected route, which the relevant court can work from. Under Article 11(3), heirs' requests to apply a different law operate "unless there is a registered will to the contrary", which is why the registered document, rather than intentions or conversations, is the thing that matters.
Registering a will is also not the same as probate. ADGM's page notes it does not provide a probate service; probate applications are registered with ADJD's Wills and Probate Office. ADGM is a non-Muslim will route for people aged 21+ with UAE assets. For what preparation and registration cost, and what can be done online, see the UAE will cost guide and our online will guide.
If this has just happened to your family
The first steps are practical: registering the death and obtaining an official death certificate (through the police/hospital process and Emirates Health Services). Expat families should also notify their embassy or consulate. Certificates issued abroad need certified Arabic translation and attestation.
From there, families typically face a court-led process involving attested and Arabic-translated documents. How long it takes depends on the case and the documents involved. A licensed UAE lawyer can advise on a specific estate.
Dying without a will in the UAE FAQs
What happens if an expat dies without a will in the UAE?
When an expat dies in the UAE without a registered local will, there is no single automatic outcome. What happens can depend on the person's circumstances, the applications made, and the law the court applies. UAE assets generally pass through a court-led process, and without a will there is no record of the person's wishes for the court to work from.
Does Sharia law automatically apply to non-Muslim expats?
Since February 2023, Federal Decree-Law 41/2022 provides a civil default framework for non-Muslims, with options around home-country law. Which law applies can depend on the person's religion-linked legal status, nationality, choices made in life, applications by heirs, and the court handling the estate.
Who inherits if a non-Muslim expat dies without a will?
Article 11(2) of Federal Decree-Law 41/2022 provides that, in the absence of a will, half of the inheritance devolves to the surviving spouse and the other half is shared equally among the children, with no differentiation between male and female. That is the statute's default scheme. Article 11(3) also provides that any of a foreigner's heirs may request the application of the law otherwise applicable to the estate, unless there is a registered will to the contrary.
What happens to minor children if both parents die without a will?
Courts decide guardianship where no arrangement exists, taking the children's circumstances into account. A will can record your guardianship wishes and appointments under the selected route, but guardianship or custody outcomes can depend on circumstances and applicable law.
How long does the process take when there is no will?
How long the process takes depends on the case and the documents involved.
Does my home-country will cover my UAE assets?
Foreign wills need certified Arabic translation, attestation and recognition steps, and treatment can differ for UAE-situated assets.
Does a registered UAE will avoid probate?
No. Registering a will is not the same as probate. ADGM's page notes it does not provide a probate service, and probate applications are registered with ADJD's Wills and Probate Office. A registered will records your wishes in advance in a recognised, registered document under the selected route, which the relevant court can work from.
The riskiest will is the one that never gets made
A registered will puts your wishes on the record in advance, in a recognised document the relevant court can work from. QuickWills UAE prepares your will. You sign at the court. We give you the checklist and the appointment steps.
Clear, upfront pricing
Start your UAE will today
Launch price AED 1,050 + court fee
was AED 1,500code LAUNCH26, applied automatically at checkout. Limited to the first 50 customers.
- No payment until you download
- Arabic translation included
- Free edits until you download
- Step-by-step court registration handoff