Probate for Expats in Dubai – What happens to Assets after Death?

Probate for Expats in Dubai
For expats living in Dubai, estate planning often feels uncertain. Many people ask:
  • Will my family be able to access my bank accounts?
  • What happens to my property in Dubai?
  • Does UAE law apply, or my home country’s law?
  • Will my spouse and children be protected?
These concerns are valid. The UAE has a formal probate system, and without clarity or preparation, assets can be frozen and families left in distress.
This guide explains what happens to an expat’s assets after death in Dubai, how probate works, and what families can expect under UAE law.

What is Probate and Why does it apply to Expats?

Probate is the legal court process that allows a deceased person’s assets to be:
  • Identified
  • Secured
  • Distributed to heirs or beneficiaries
In Dubai, probate applies to all UAE-based assets, regardless of nationality. This includes:
  • Bank accounts
  • Real estate
  • Vehicles
  • Business interests
For expats, probate is the only legal route through which assets can be released.

What happens immediately after an Expat passes away in Dubai?

1. Assets Are Frozen

As soon as the death is reported:
  • Bank accounts are frozen
  • Access to funds is restricted
  • Property transactions are stopped
This applies even if:
  • There is a will
  • There is a surviving spouse
  • There is only one heir
The freeze protects the estate until the court gives instructions.

2. Death Certificate is Required

An official death certificate must be obtained:
  • Issued in the UAE, or
  • Issued abroad and legalised for UAE use
No probate steps can proceed without this document.

How are Assets distributed for Expats in Dubai?

Asset distribution depends on one key factor:

Scenario 1: Expat Dies with a Valid Will

If the deceased left a properly drafted and recognised will:
  • The court reviews and validates the will
  • An executor is appointed
  • Assets are distributed according to the will
For non-Muslim expats, this usually allows:
  • Distribution under chosen law
  • Protection for spouse and children
  • Clear instructions for assets
Probate is still required but it is faster and more predictable.

Scenario 2: Expat Dies without a Will

If there is no will, the situation becomes more complex. In this case:
  • UAE inheritance rules apply by default
  • Sharia-based principles may be used
  • The court determines heirs and shares
  • Outcomes may differ from the deceased’s wishes
For expat families, this often causes surprise and distress, especially where assets are significant.

What happens to specific types of Assets?

Bank Accounts

  • Accounts are frozen immediately
  • Funds are released only after probate orders
  • Joint accounts may also be restricted

Property in Dubai

  • Property cannot be sold or transferred
  • Ownership changes only after probate
  • Land departments require court orders

Vehicles

  • Vehicles cannot be sold or transferred
  • Registration changes require probate approval

Business Interests

  • Company shares may be frozen
  • Management authority may be disrupted
  • Probate determines who inherits ownership

Who are considered Legal Heirs in Dubai?

Legal heirs are determined by:
  • The will (if one exists), or
  • Court determination under UAE law
Heirs may include:
  • Spouse
  • Children
  • Parents
  • Other family members
Without a will, the distribution may not reflect personal expectations.

How long does Probate take for Expats in Dubai?

Probate timelines vary depending on:
  • Existence of a will
  • Number of heirs
  • Asset complexity
  • Documentation readiness
General guidance:
  • With a clear will: a few months
  • Without a will: significantly longer
Professional support can reduce delays.

Common fears Expats have about Probate (and the Reality)

  • “My family can access my money immediately” – Usually not true
  • “A will avoids probate” – Probate is still required
  • “Joint accounts are safe” – Often still frozen
Understanding these realities helps families prepare.

How Expats can protect their Loved Ones

Expats can reduce stress for families by:
  • Having a valid, UAE-recognised will
  • Keeping asset records organised
  • Planning for cross-border assets
  • Seeking professional probate and estate advice
Preparation today prevents confusion tomorrow.

FAQs - Probate for Expats in Dubai

1. Are expat assets frozen after death in Dubai?

Yes. Most UAE assets are frozen until probate is completed.

2. Does probate apply even if there is a will?

Yes. Probate validates the will and unlocks assets.

3. Can my spouse access bank accounts immediately?

Usually no, without probate orders.

4. Does UAE law apply to all expats?

UAE courts handle probate, but the applicable inheritance law depends on circumstances.

5. How can I avoid complications for my family?

By having a proper will and professional planning.

6. Should families use probate specialists?

Yes. It helps avoid delays and legal errors during a difficult time.

Conclusion

Probate for Expats in Dubai – What Happens to Assets After Death? comes down to one important truth: Without probate, assets remain inaccessible regardless of intentions.
For expats, understanding the probate process provides:
  • Clarity
  • Peace of mind
  • Protection for loved ones
With the right planning and support, families can navigate probate with far less stress and uncertainty.

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