Steps in settling an estate
- Drawing up the certificate of inheritance (irata) by the adouls, approved by the judge in charge of notarial matters, which identifies the heirs and their shares.
- Inventory of the assets (real estate, accounts, company shares, vehicles) and debts; payment of funeral costs and debts, and execution of the will within the limit of one third.
- Transfer of real estate into the heirs' names at the land registry and of company shares at the trade register.
- Amicable division by deed, or court-ordered division before the Court of First Instance in the event of disagreement, with an expert report and possibly a sale by auction.
Who inherits, and how much?
- Heirs with fixed shares (fard): surviving spouse, father, mother, daughters, sisters depending on the case.
- Residuary heirs (assaba): sons, brothers, uncles, who receive the remainder.
- A will cannot exceed one third of the estate and cannot benefit an heir without the consent of the others.
- Tanzil makes it possible to designate an orphaned grandchild or a child taken in under kafala as an heir within the limit of one third.
Sensitive points
Estates involving assets abroad, a foreign spouse or unregistered property require specific analysis. Prolonged joint ownership is a source of conflict: a management mandate or a prompt division protects the value of the assets. The firm assists heirs in Rabat from the certificate of inheritance through to the transfer and division.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.