How to distribute an estate

· 11 Shawwal 1435 AH1 min readEnglish

Question

My mother passed away recently. How do we distribute her estate?

Answer

Whatever belonged to your mother at the time of her demise will form part of her estate. Before the distribution of the estate amongst the respective heirs, the following expenses must be taken care of from the estate:

a) The payment of funeral and burial expenses.

b) Thereafter, the settling of debts.

c) Thereafter, the awarding of bequests (Wasiyyah) to non-heirs or towards payment as compensation for unperformed Salaah, unpaid Zakaat, unfulfilled fasts etc. if the deceased had made such bequests. The bequeathed amount cannot exceed one third of the estate unless all the heirs are adults and willingly consent to this.

After settling the above, the net estate will be distributed amongst the heirs according to the Islamic Law of Succession and Inheritance and the share ratio will be dependent on the list of heirs surviving the deceased.

And Allah Knows Best

Answered by
Mufti Suhail Tarmahomed
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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