Mufti Online — Madrasah Ta'leemuddeen

Steps to winding up an estate of a deceased

· 28 Jumada II 1441 AH1 min readEnglish

Question

My mother passed away and left a shariah will. I am one of the executors listed in her will. Since none if us have any experience on how to wind up an estate, please would you be able to provide a step by step guide as to what must be done in respect of an Islamic Will as well as the South African Law. We are hoping to do most of the work ourselves to keep legal costs low in sha Allah.

NB: We have her death certificate and will.

Answer

The sequence is to pay off all funeral expenses, debts and monies that she owes to anyone and then fulfil any bequest that she may have made. Thereafter, the remainder of the estate will be distributed among the rightful heirs. You may contact an accountant or lawyer to understand the government law.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/31240
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-31240

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