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Guide to application

Probate

Step 1

Download and complete the Probate Application Form and Witness Statement and submit these documents together with a copy of the Death Certificate to: registry@difccourts.ae

Upon receipt of the Probate Application Form, Witness Statement, Death Certificate and payment of the requisite fee, the DIFC Courts will assign a Case Progression Officer to review the submitted documents. Thereafter this person will be the point of contact with the DIFC Courts for all matters related to the probate case. Should the Executor(s) or lawful attorney need clarification on any matter, or if additional documents are required, these will be requested by the assigned Case Progression Officer.

Step 2

If the Case Progression Officer is satisfied that all documents have been submitted and they meet with the requirements of the Registry, the DIFC Courts and the Rules, the Executor(s) or their lawful attorney will need to attend the DIFC Courts in person to sign the Application Form in front of the Case Progression Officer and present the original death certificate (or a certified copy). The Case Progression Officer will also need sight of original identification for each of the Executors making the application, together with the original signed Witness Statement.

Step 3

The Executor must provide the Case Progression Officer with a list of the principal assets comprised in the deceased's estate (feg details of real estate property, financial products, banks accounts, vehicles) for inclusion in a schedule to the Probate Order to be issued by the DIFC Courts. This step can be combined with Step 2 if that information is available to the Executor(s) or the lawful attonrey at the time of the appointment.

Step 4

The Case Progression Officer will prepare the Probate Order (which will be in both the English and Arabic language) and submit this to the assigned Judge of the DIFC Courts for execution.

Step 5.

Once issued, the Executor will be free to collect the original Probate Order or Guardianship Order issued by the DIFC Courts, as the case may be, from the DIFC Courts.

Step 6

If the deceased's estate comprises assets situated within Dubai, but outside of the DIFC, the Executor must apply to the DIFC Courts for enforcement of the Probate Order or Guardianship Order issued by the DIFC Courts, as the case may be, at the Dubai Courts. The Case Progression Officer will provide the Executor or the lawful attorney with the relevant form and an application fee specific to this is payable.

Step 7

The Case Progression Officer will submit the application for enforcement to the Dubai Courts on behalf of the Executor or lawful attorney, which will include the non-exhaustive list of assets as set out in the Probate Order. It is very important that this list is as complete as possible and that all information is accurately set out.

Step 8

Following submission to the Dubai Courts, the Dubai Courts' Enforcement Department will thereafter deal directly with the Executor or the lawful attorney and will issue the required directions to effect the transfer of assets (as per the terms of the deceased's DIFC Will) and/or guardianship arrangements. If it transpires that details of assets listed in the paperwork sent to the Dubai Courts is incomplete and/or incorrect, such that the relevant authority/entity to which the Dubai Courts direction was issued declines to transfer the asset, then in that case the Executor must make a further application to the DIFC Courts for them to issue a supplementary Order clarifying the mistake/omission. The Executor would then submit this to the Dubai Courts so that they may re-issue their direction to the authority/entity concerned. Additional DIFC Courts fees will apply.

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