What is Probate in the UAE and When is it Required?

For many residents living in Dubai, the word probate is unfamiliar until it suddenly becomes unavoidable often at an emotionally difficult time.

A common misconception is that having a will means probate is not required. In the UAE, this is not always true. Probate is frequently mandatory even when a valid will exists, and understanding this early can prevent delays, frozen assets, and unnecessary stress for families.

This guide explains what probate is in the UAE, when it is required, and why it still applies in many cases despite a will.

What is Probate in the UAE?

Probate is the legal court process that confirms:

A person has passed away
Who the lawful heirs or beneficiaries are
Who has authority to manage the estate
How UAE-based assets can be released and transferred

In the UAE, probate is conducted through the local courts, and it acts as the official legal gateway before banks, land departments, and other authorities will release assets. Without probate, most institutions cannot legally act, regardless of what a will states.

Is Probate mandatory in the UAE?

In most cases, yes. Probate is required whenever a deceased person leaves behind assets located in the UAE, such as:

Bank accounts
Real estate
Vehicles
Business interests
Investment or personal assets

This applies to:

UAE nationals
Expats
Muslims and non-Muslims

When is Probate required even if there is a Will?

This is where many families are caught off guard.

1. To Activate the Will Legally

A will does not execute itself. The court must:

Validate the will
Confirm its legal standing
Appoint the executor

This court validation process is part of probate.

2. To Release Frozen Bank Accounts

When a person passes away:

UAE banks immediately freeze accounts
Even joint accounts may be restricted

Banks will not release funds without a probate order, even if a will clearly names beneficiaries.

3. To Transfer Property Ownership

Property cannot be transferred to heirs or beneficiaries until:

Probate is completed
Court orders are issued

Land departments require probate documentation before changing ownership records.

4. When Multiple Heirs Are Involved

If there is more than one heir:

The court must formally confirm shares
Probate ensures lawful distribution

This applies even with a clear will.

5. When Assets Are Significant or Complex

Probate is usually unavoidable when the estate includes:

Multiple bank accounts
Real estate
Business shares
High-value assets

Authorities rely on probate to avoid disputes and errors.

When is Probate always required in the UAE?

Probate is almost always required when:

There are UAE bank accounts
There is UAE real estate
The deceased owned a business
There are multiple beneficiaries

In practice, very few estates can be settled without probate.

Does Probate apply differently to Expats?

Yes, but probate itself still applies. The differences relate to:

Whether the expat left a UAE-registered will
Which law applies to inheritance
Whether Sharia principles are triggered

However, probate as a court process is still required to unlock assets.

What happens if Probate is not completed?

Without probate:

Bank accounts remain frozen
Property cannot be sold or transferred
Heirs cannot legally access assets
Family members face prolonged uncertainty

This is why probate is a necessary step, not an optional one.

Key Steps in the UAE Probate Process

1. Death Certificate

An official death certificate is obtained and legalised if issued abroad.

2. Court Application

An application is filed with the UAE court, including:

Death certificate
Will (if available)
Heir details
Asset information

3. Court Review and Orders

The court:

Confirms heirs or beneficiaries
Appoints an executor or administrator
Issues probate orders

4. Asset Release and Transfer

Once probate orders are issued:

Banks release funds
Property can be transferred
Assets are distributed lawfully

How long does Probate take in the UAE?

Timelines vary depending on:

Whether a will exists
Number of heirs
Type and value of assets
Documentation readiness

With a clear will, probate may take a few months. Without a will, it often takes longer.

Common misunderstandings about Probate

“A will avoids probate completely”
“Probate only applies if there is a dispute”
“Family members can access funds informally”

In the UAE, probate is a formal legal requirement, not just a dispute-resolution tool.

How to reduce Probate delays and stress

While probate cannot always be avoided, it can be simplified by:

Having a properly drafted and registered will
Keeping asset records organised
Seeking early legal advice
Planning for cross-border estates

Preparation makes probate smoother for families.

FAQs - Probate in the UAE

1. Is probate required if there is a will?

Yes. Probate is usually required to validate the will and release assets.

2. Can banks release funds without probate?

No. Banks typically require court probate orders.

3. Does probate apply to joint accounts?

Often yes. Joint accounts may still be frozen.

4. Is probate required for overseas assets?

UAE probate applies to UAE-based assets only.

5. Can probate be avoided completely?

In very limited cases, but most estates require it.

6. Should I get legal advice for probate matters?

Yes. Professional guidance helps avoid delays and errors.

Conclusion

What is Probate in the UAE and When is it Required? comes down to one essential point: Probate is the legal key that unlocks UAE assets whether or not a will exists.

For expats and families, understanding this reality helps:

Set realistic expectations
Avoid confusion and delays
Navigate estate matters with confidence

Early advice and proper planning can make a difficult process far more manageable.

Speak to our probate specialists for compassionate legal support.

What is Probate in the UAE and when is it required?