Inheritance and Estate Distribution in Jordan – A Complete Guide for Heirs and Rights

Inheritance and estate distribution cases are among the most common causes of disputes between heirs, especially when there are shared properties or funds. Jordanian law, derived from the provisions of Islamic Sharia, sets precise rules for distributing the estate and protecting the rights of each heir.

In this guide, we explain how to determine heirs, distribute the estate, and resolve related disputes.

What Is the Estate?

The estate is everything the deceased leaves of money, rights, and properties after settling their debts and executing their wills within the limit of one-third. The estate is then distributed among the legal heirs according to their legally determined shares.

Steps to Distribute the Estate

1. Inheritance Inventory

The first step is obtaining a "certificate of inheritance inventory" from the Sharia Court, which determines the names of the legal heirs and their shares. This step requires submitting the deceased's death certificate and evidence of the heirs.

2. Determining the Estate's Assets

All of the deceased's assets are inventoried, including properties, bank balances, movables, and rights.

3. Settling Debts and Wills

The deceased's debts are settled first, then their wills are executed within the limit of one-third of the estate.

4. Distributing the Estate

The remaining estate is distributed among the heirs according to their legal shares specified in the law.

Inheritance Correction

Sometimes the need arises to amend the inheritance inventory certificate, such as when a new heir appears or an error in the shares is discovered. This claim is called "inheritance correction," and it aims to amend the certificate to match the legal and Sharia reality.

Common Disputes Between Heirs

Among the most common disputes:

• Disputes over shared properties: Resolved by a partition or co-ownership removal claim.
• Some heirs concealing estate assets: Addressed by a disclosure and inventory claim.
• Disputes over debts owed by the estate.
• Disagreement over the validity of a will or its exceeding the one-third limit.

Co-Ownership Removal Claim

When heirs own a shared property that cannot be divided in kind, a "co-ownership removal" claim can be filed, which usually ends with selling the property at auction and distributing its price among the heirs according to their shares.

The Importance of Engaging a Lawyer in Inheritance Cases

Inheritance cases require precision in calculating shares and a deep understanding of Sharia and legal provisions. Engaging a specialized Sharia lawyer ensures:

• A precise and correct inheritance inventory.
• Protection of your share of the estate.
• Resolving disputes between heirs legally.
• Following up co-ownership removal or inheritance correction claims.

Practical Tips for Heirs

• Promptly obtain the inheritance inventory certificate upon the death.
• Document all estate assets to prevent their concealment.
• Consult a lawyer early when anticipating any dispute.
• Do not relinquish your share without legal consultation.

Conclusion

Estate distribution is a precise procedure that requires adherence to Sharia and legal provisions to protect the rights of all heirs. Having an experienced Sharia lawyer by your side ensures fair distribution and spares you prolonged disputes.

The Law Office of Sharia Lawyer Ahmad Aljarrah provides consultation and full representation in inheritance and estate cases in Amman, Irbid, and Zarqa.