The probate process in the UAE can vary depending on whether the deceased person had a will or did not have a will. When an expatriate in the UAE has a will, the probate process tends to be more streamlined compared to those who do not have a Will. Understanding the probate process and the specific steps involved in probating a will in the UAE with or without a Will is crucial for anyone looking to ensure a smooth transition of their assets to their beneficiaries. Here's an overview of Probate in the UAE in both scenarios explained step by step:

Filing with the Court:

In the presence of an active registered Will, the executor or a lawyer (if appointed) will file the will with the relevant court in the UAE. The court will verify the authenticity of the will and ensure that it meets the legal requirements, including compliance with local laws. It is advisable to engage a lawyer experienced in probate matters in the UAE. If the deceased has appointed an executor in their will, the court will officially recognize and appoint this individual and issues a Grant of Probate. This legal document officially recognizes the will and appoints the executor named in the will to administer the estate. 

If the deceased person does not have a Will, then the family of the deceased can file for probate with the relevant court. Then the court declares the deceased person as intestate. The court will then appoint an administrator to handle the estate instead of an executor to manage the deceased's estate. This individual is usually a close relative, and if there are no eligible family members, the court may appoint a third party. When an expatriate passes away without a will in the UAE, the probate process can become more complex. 

Inventory and Valuation of Assets:

In both scenarios (with or without the Will), the appointed executor or administrator, with the assistance of a lawyer (if necessary), creates an inventory of the deceased's assets. The assets are then valued, including real estate, bank accounts, investments, and personal belongings.

Notification to Creditors and Heirs:

In both scenarios (with or without the Will), the appointed executor or administrator, must publish a notice in local newspapers to notify creditors and heirs about the death and the initiation of the probate process. Creditors are given a specified period to submit their claims against the estate. In the absence of a Will, any heir can claim their share before the court closes the file. 

Appointment of Guardians for Minors:

In the presence of an active registered Will, if there are minor children involved, the court will appoint guardians as per the Will of testate to ensure their well-being and manage their inheritances until they reach the age of majority. 

In the absence of Will, the court considers the principles of Sharia when appointing a guardian. For non-Muslims, the court may consider the deceased's nationality and the laws of their home country and may take into account any expressed preferences of the deceased or the minors' family members regarding guardianship. However, the final decision of appointing the permanent guardian for minors will be decided by the court. 

Payment of Debts and Taxes:

In both scenarios (with or without the Will), the appointed executor or administrator, is responsible for settling any outstanding debts, taxes, or expenses related to the estate. This may involve selling assets if necessary.

Distribution of Assets:

Once debts are settled, the executor or administrator will submit a proposed plan for the distribution of assets to the court. The court will review the plan to ensure that it aligns with the provisions of the will and local laws. Following the settlement of debts and taxes, the executor (as per the Will) distributes the remaining assets according to the terms of the will. This involves transferring ownership of properties, distributing funds from bank accounts, and allocating other assets to the designated beneficiaries.

In the absence of a will, the distribution of assets is governed by Sharia law for Muslim expatriates. Non-Muslim expatriates may have their assets distributed according to the laws of their home country, but the local court has the final say. Following court approval, the administrator proceeds with the distribution of assets to the legal heirs based on the intestacy laws. The distribution may vary depending on the familial relationships and the applicable legal framework.

Final Accounting and Closing the Estate:

The executor provides a final accounting to the court, detailing how the assets were distributed. Similarly, the administrator (in absence of Will) seeks final court approval for the completion of the probate process. Once the court is satisfied that all legal requirements have been met, it issues an order officially closing the estate.

CONCLUSION: 

In conclusion, it’s crucial to note that the probate process in the UAE can vary depending on factors such as the deceased person's nationality, religion, presence or absence of a Will. Probate can take several months or even years in the cases where there is not a Will, during which beneficiaries may face delays in receiving their inheritances.

It's vital for individuals to plan their estates carefully, seek professional legal advice, and communicate effectively with their beneficiaries to minimize potential challenges during the probate process in the UAE. Seeking legal advice early in the process can help ensure that the probate (with or without a Will) is carried out smoothly and in compliance with local laws.