When an expatriate residing in the United Arab Emirates dies without leaving a registered will, their assets and accounts do not pass automatically to their heirs; instead, their bank accounts — both individual and joint — are frozen as soon as the bank is notified of the death, and are not released except by an order of the competent court after the heirs have been identified and their shares determined. The estate is then distributed under the default rule of the law: if the deceased was non-Muslim, the Civil Personal Status Law applies, dividing the inheritance equally between male and female, unless one of the heirs requests the application of the law of the deceased's home country. If the deceased was Muslim, the Sharia-based rules codified in the Federal Personal Status Law apply. The absence of a will lengthens the process and delays the family's access to the funds, whereas registering a will in advance makes the path clearer and faster.

What Happens to a Deceased Expatriate's Assets and Accounts Without a Will in the UAE?

1. What Happens the Moment of Death? Frozen Accounts and Suspended Dealings

It is standard practice for banks in the State to freeze a deceased person's accounts as soon as they are notified of the death, whether those accounts are individual or joint, and the freeze remains in place until the bank receives an order from the competent court to release or distribute the funds. The purpose is to protect the rights of heirs and creditors and to prevent any dealing with the funds before the entitled parties are formally identified.

In a joint account specifically, the Commercial Transactions Law requires the remaining account holders or the deceased's heirs to notify the bank of the death within a set period, whereupon the bank limits any dealing to the extent of the deceased's share until the heirs are appointed by the court. The freeze does not mean the funds are lost; they are preserved for those entitled to them, and the court may authorise payment of the deceased's funeral and burial expenses from the estate as the first of the rights attached to it.

2. The Default Rule for Distributing a Non-Muslim Expatriate's Estate Without a Will

Since the beginning of 2023, non-Muslims — nationals and residents alike — have had a dedicated civil framework governing their personal status: the Federal Decree-Law on Civil Personal Status. This framework established the principle of equality between men and women in the distribution of inheritance, contrary to the Sharia-based rule, making the heirs' shares equal with no distinction between male and female.

Where there is no will, the law provides that half of the estate devolves to the husband or wife, and the other half is distributed equally among the children with no distinction between male and female. If the deceased has no children, the estate devolves to the parents if they are alive, in equal shares, or to one of them together with the siblings where the other is absent, according to a detailed order set out by the law for cases where children or parents are absent.

3. The Option to Apply the Law of the Deceased's Home Country

The default rule is not imposed absolutely on the heirs of a foreigner; the law grants them an important exception allowing any of them to request that the court apply the law governing the estate in accordance with the provisions set out in the Civil Transactions Law — that is, the law of the deceased's domicile or nationality — unless there is a registered will providing otherwise.

4. Inheritance of a Muslim Expatriate Who Dies Without a Will

If the deceased was Muslim, the inheritance provisions codified in the Federal Personal Status Law in force apply, being based on Islamic Sharia, and they govern a Muslim's estate regardless of nationality. The law has ordered the rights attached to the estate in a sequence that must be followed before any distribution.

5. How Is the Estate Administered and Settled — From Opening the File to Distribution?

The estate moves from a frozen state to distribution through an organised judicial path that begins with opening the estate file before the competent court, where proof of death, identification of the heirs, an inventory of the estate's assets, and the appointment of whoever will administer it or execute the will under the court's supervision are sought. The court has jurisdiction over all disputes relating to the inventory of the estate, its settlement, or its division among the heirs.

The executor of the will or the estate administrator — under the court's oversight — undertakes to gather the assets and preserve them, to invite creditors to submit their claims within the period set by the law through publication in two daily newspapers, one of them in English, and then to satisfy the rights attached to the estate before delivering the shares to those entitled and transferring ownership of the assets to them by an order or judgment of the court.

6. Joint Accounts, Real Estate, and Other Assets

The effect is not confined to cash accounts but extends to all the components of the estate: real estate, shares and stakes, end-of-service gratuity, vehicles, and the contents of bank safe-deposit boxes. Each of these has its own path in the settlement, subject to the court's supervision and its final distribution order.

7. Why Does the Absence of a Will Lengthen the Process and Raise Its Cost?

In the absence of a registered will, the default rule applies, which may lead to outcomes that differ from the family's expectations and to delays in their access to the frozen funds at a time when the family may be in the greatest need of them. The absence of a will also opens the door to disputes over the applicable law and over the shares, so the settlement period lengthens and its cost rises.

By contrast, the civil framework grants a non-Muslim full freedom to bequeath all of their assets located in the State to whomever they wish, in accordance with the prescribed rules, and allows the will to be registered with the competent authorities in Dubai, Abu Dhabi, and the other emirates. A clear, registered will makes the court's path in identifying the heirs and releasing the funds clearer and faster to implement, and protects the family from surprises.

8. The Lawyer's Role and the Importance of Advance Estate Planning

The lawyer's role begins long before death: in estate planning, drafting and registering the will in a manner consistent with the applicable law and the nature of the assets, and choosing a suitable executor. It extends after death to representing the heirs in opening the estate file, proving foreign law when it is invoked, and expediting the procedures for releasing the frozen funds and delivering the shares to those entitled.

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