The inheritance certificate (Hujjat Irth) is one of the most important legal documents in the Jordanian legal system. It serves to officially establish the death of the deceased and identify the legal heirs along with their respective shares in accordance with Islamic Sharia principles. This document is subsequently used in property transfer and estate distribution procedures.
First: Competent Court
The issuance of an inheritance certificate falls under the jurisdiction of the Sharia Courts in Jordan, pursuant to the provisions of Jordanian Sharia Procedure Law. These courts are responsible for personal status matters for Muslims, including inheritance.
The application is submitted to the Sharia Court that has jurisdiction over:
- The last place of residence of the deceased; or
- The location of the estate assets
Second: Applicant
The application for issuing an inheritance certificate may be submitted by:
- Any of the heirs; or
- Any person with a legal interest (such as a lawyer or authorized representative)
It is not required that all heirs jointly submit the application; one applicant is sufficient to initiate the process.
Third: Required Documents
To obtain an inheritance certificate, the following essential documents must be provided:
- Original death certificate of the deceased
- Family book (civil registry extract)
- Identification documents of the heirs
- Two witnesses (to confirm the death and identify the heirs)
- A written application submitted to the court
Additional documents may be required depending on the case (e.g., proof of marriage or divorce if needed to verify heirs).
Fourth: Procedures
The process of issuing an inheritance certificate typically involves the following steps:
- Submitting the application to the Sharia Court registry
- Scheduling a hearing date
- Attendance of the applicant and witnesses
- Hearing witness testimony regarding:
- The death of the deceased
- Identification of the legal heirs
- Judicial review of the submitted information
- Issuance of the inheritance certificate, including the names of the heirs and their respective shares
Fifth: أهمية حجة الإرث (Importance of the Inheritance Certificate)
The inheritance certificate is important because it:
- Serves as an official proof of heirship
- Is required for property transfer procedures (real estate, bank accounts, etc.)
- Is used before official and judicial authorities
Sixth: Important Legal Notes
- The issuance of the inheritance certificate does not itself distribute the estate but only determines the heirs’ shares
- The certificate may be challenged if an error in identifying the heirs is proven
- Accuracy in the provided information is essential to avoid future disputes