What is a Heirs Certificate?

The Heirs Certificate is an official document issued by the Personal Status Court in Saudi Arabia. It identifies the legitimate heirs of a deceased person and forms the legal basis for any action related to the estate, including the sale of property.

Is it legal to sell a property before obtaining the certificate?

No, it is not legally permissible to sell any property belonging to the deceased before obtaining the Heirs Certificate. This is because:

• The legal identity of the heirs cannot be verified without it.
• No official entity such as the Notary Public will accept any sale or transfer without the certificate.
• Any sale conducted before issuance is considered unlawful and may be voided later.

Why is the certificate essential for selling the property?

The certificate clearly outlines:

• The legal heirs entitled to the estate.
• The respective share of each heir.
• Whether there are minors, missing individuals, or unknown heirs.

This enables authorities to ensure the legitimacy of the transaction.

What are the legal steps to sell a property after death?

1. Apply for the Heirs Certificate via the Najiz platform.
2. Submit a request for inheritance division or legal guardianship if minors are involved.
3. Ensure there are no legal disputes or restrictions on the property.
4. Obtain signatures from all heirs or provide a notarized power of attorney.

Is the presence of all heirs mandatory for the sale?

Yes, or an officially notarized power of attorney is required via Absher or through the Notary Public. If any heir refuses to sign or is unavailable, the process may require court intervention.

What happens if the property is sold without the certificate?

• The sale is considered invalid both legally and religiously.
• The transaction cannot be documented with the Ministry of Justice.
• Any heir has the right to challenge and nullify the sale in court.

Useful Links:

• Our Legal Services in Real Estate and Inheritance
• Najiz Platform – Ministry of Justice
• Saudi Ministry of Justice

Conclusion:

Heirs are not allowed to sell any inherited property before obtaining the official Heirs Certificate. It serves as the legal document verifying ownership and the right to dispose of the estate. Any sale without it is invalid and subject to legal challenge. Always ensure proper documentation before proceeding with property transactions.