Key points
- The inheritance certificate comes first. Banks and registries ask for it.
- Funeral costs, debts and wills are paid before the heirs' shares.
- Heirs can divide by agreement or ask the court to divide.
- Deliberately withholding an heir's share is a crime.
Which law decides who inherits?
Inheritance in Egypt follows Law No. 77 of 1943 on inheritance, which is based on the Islamic rules of succession. Wills are governed by Law No. 71 of 1946.
These laws set fixed shares for close relatives such as spouses, children and parents. Each heir's share depends on who else survives the deceased. For example, a wife receives one quarter of her husband's estate if he left no children or grandchildren who inherit, and one eighth if he did. A husband receives half of his wife's estate if she left no children or grandchildren who inherit, and one quarter if she did. A son receives twice the share of a daughter.
Non-Muslim families should take specific advice on how these rules apply to them.
What is an inheritance certificate and how do you get one?
The inheritance certificate (i'lam al-wiratha) is a court document. It confirms the death and lists the legal heirs and their shares. Banks, the real estate registry and other authorities ask for it before they release money or transfer property. It is not a title deed. It shows who the heirs are and their shares, not which asset belongs to whom.
An heir applies to the Family Court for the area of the deceased's last residence. The court hears witnesses about the death and the heirs, and it may make inquiries before it issues the certificate. The usual papers are:
- The death certificate.
- The national ID cards of the heirs.
- Papers proving family ties, such as birth and marriage certificates.
- Witnesses who knew the deceased and the family.
What if the certificate is wrong?
The certificate is proof of who the heirs are unless a court rules otherwise. If an heir was left out, or someone was included who should not have been, it can be challenged by a case before the competent court.
Act early. In the meantime, money may be paid out or property transferred on the strength of the certificate.
What is paid out of the estate before division, and who pays the debts?
Heirs do not receive the whole estate at once. Debts are paid from the estate itself, not from the heirs' own money, and an heir is not personally liable for the deceased's debts beyond what they receive from the estate. For that reason, creditors should be identified and paid before the heirs take their shares.
The law puts these claims first, in this order:
- Reasonable funeral and burial costs.
- The deceased's debts.
- Valid wills, which generally cannot exceed one third of the estate after debts unless the heirs approve the excess.
- The rest is then divided among the heirs by their fixed shares.
How is the estate divided?
Until division, the heirs own the estate together as co-owners in undivided shares. Any heir can ask for division. Heirs can also agree to keep some assets in common, such as the family home, and share the income from them. Whatever you agree, put it in writing and keep a record of what each heir receives.
Law No. 71 of 1946 also created the obligatory bequest (wasiyya wajiba). Under conditions set by the law, it gives grandchildren whose parent died before the grandparent a share of the estate, within the one third limit.
Division by agreement: the heirs sign a division contract that gives each of them specific assets. All heirs must agree. If an heir is a minor, the minor's legal representative acts under the rules on guardianship, and court permission may be needed.
Division by the court: if the heirs disagree, any of them can file a partition case. The court usually appoints an expert to value the property and propose the shares. Where an asset cannot be divided without loss, the court can order it sold and the price shared.
After division, real estate should be registered in the new owners' names at the Real Estate Publicity Department.
Is it a crime to withhold an heir's share?
Yes. A 2017 amendment to the inheritance law made it a criminal offence to deliberately refuse to hand over an heir's lawful share, or to withhold a document that proves it. The heir can still use the civil route to ask for division.
When should you speak to a lawyer?
Speak to a lawyer when the heirs disagree, when the estate includes real estate or company shares, or when some heirs live abroad. Al-Amthal Law Firm in Nasr City, Cairo, founded in 1977, advises on inheritance certificates, estate division and the related court cases, and its offices in Kuwait and Dubai give consultations to heirs living in the Gulf.
This guide is general information, not legal advice. Procedures and deadlines change, so get advice on your own case.
Common questions
How long does it take to get an inheritance certificate?
It depends on the court and on whether the heirs and witnesses are ready. When the papers are complete and no one objects, the procedure is usually simple. Disputes about who is an heir, or missing records, take longer and may need a separate court case.
Can one heir sell their share before division?
An heir can sell their undivided share as a co-owner, but the buyer steps into the same co-ownership and the division still has to happen. Selling a specific flat or plot before division causes problems for the buyer and the other heirs. Get advice before signing anything.
Do heirs living abroad need to travel to Egypt?
Not always. An heir abroad can usually act through a lawyer holding a power of attorney issued or authenticated at an Egyptian consulate. Check the exact wording of the power of attorney first, because banks and the real estate registry can be strict about what it covers.
This guide gives general information about Egyptian law. It is not legal advice, and procedures and deadlines change. Speak to a lawyer about your own case.