Best Inheritance Law Lawyers in Amman
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List of the best lawyers in Amman, Hashemite Kingdom of Jordan
1. About Inheritance Law in Amman, Hashemite Kingdom of Jordan
Inheritance law in Jordan blends Islamic inheritance principles with civil law procedures. In Amman, as in other cities, Muslims typically follow Sharia-based shares under the Law of Personal Status, while non-Muslims often rely on civil code provisions for wills and estate settlement. Courts in Amman handle probate, challenges to distributions, and estate administration under these frameworks.
The key purpose of inheritance law is to determine who receives what portion of a deceased person’s property, how debts are settled, and how to transfer title to heirs. The process can involve validating a will or, if there is no will, applying statutory shares for legal heirs. Professionals in Amman assist with identifying applicable law, gathering documents, and guiding families through court procedures and negotiations.
For residents of Amman, practical steps often include obtaining death and birth certificates, property deeds, and any will documents, then engaging a solicitor or attorney to interpret the correct shares, prepare filings, and represent parties before the relevant court or administrative body. Sources and official guidance emphasize following the correct legal regime based on the deceased’s religion and the nature of assets involved.
Source: The Jordanian Ministry of Justice describes inheritance matters as governed by the Law of Personal Status and the Civil Code, with court supervision for probate and disputes.
Source link: https://www.moj.gov.jo
2. Why You May Need a Lawyer
In Amman, inheritance matters involve complex rules that can change based on religion, family structure, and asset types. A lawyer can prevent delays and protect your rights by ensuring proper documentation and proper legal filings.
- Dispute among multiple heirs over fixed shares - A parent dies leaving real estate in Amman and cousins disagree on who is entitled to which share under Sharia rules. A lawyer helps map shares, negotiate settlements, and present arguments in court if needed.
- Challenging or validating a will (Wasiyyah) - An executor seeks to enforce a will authorizing a bequest of up to one-third of the estate, while other heirs contest terms or enforce statutory rights. Counsel guides interpretation and filing.
- Estate administration for property in Amman - The estate includes real estate, bank accounts, and vehicles, requiring probate filings, title transfers, and asset liquidation as applicable.
- Inheritance for non-Muslim beneficiaries - Non-Muslim heirs may follow civil code rules that differ from Sharia shares. A lawyer ensures consistent application of the correct regime and avoids gaps in title transfer.
- International heirs or assets - Heirs living abroad or assets located outside Jordan create cross-border issues, including service of documents and enforcement of judgments. A local attorney coordinates with foreign counsel and authorities.
- Contesting or defending a distribution in Amman courts - If a probate order or distribution seems incorrect or biased, an attorney can file objections, gather evidence, and pursue appeal options.
3. Local Laws Overview
- Law of Personal Status (In Jordan) - commonly cited as Law No. 36 of 2012 - Governs matters related to marriage, divorce, guardianship, and inheritance for Muslims, with mechanisms for Wasiyyah (bequests) and fixed shares for heirs. This law is a cornerstone for Sharia-based inheritance in Jordan and Amman courts.
- Civil Code - Civil Code No. 43 of 1976 - Regulates civil matters including property rights, wills, contracts, and probate procedures for non-Muslim heirs and when civil law applies. It provides the framework for asset transfers and challenges to distributions when Sharia does not control the case.
- Related probate and civil procedure provisions - Procedures for filing inheritance claims, evidentiary requirements, and court processes are drawn from Jordanian civil procedure rules and administrative practice as applied in Amman’s courts.
Recent trends in Amman show greater reliance on mediation and out-of-court settlements in inheritance disputes, alongside formal probate procedures. Legal reforms continue to clarify the intersection of Sharia shares and civil law for mixed heritage situations and cross-border estates.
Source: The Government of Jordan outlines that inheritance matters follow the Personal Status Law for Muslims and Civil Code provisions for non-Muslims, with court probate overseen by the judiciary.
Source link: https://www.jordan.gov.jo
Source: The Jordan Bar Association provides professional guidance on probate and inheritance disputes within Amman courts and administrative bodies.
Source link: https://www.jba.org.jo
4. Frequently Asked Questions
What is inheritance law in Jordan and who applies it?
Inheritance law in Jordan determines distributions under Sharia for Muslims and civil code rules for non-Muslims. Courts in Amman apply the relevant regime to settle estates.
How does Islamic inheritance apply to assets in Amman?
Islamic inheritance allocates fixed shares to heirs as defined by Sharia, with rules on bequests for up to one third of the estate via Wasiyyah. The remainder is divided among heirs according to prescribed shares.
What is Wasiyyah and how much can I bequeath?
Wasiyyah is a bequest. Generally, a Muslim may bequeath up to one third of the estate to non-heirs; the compulsory shares for certain heirs cannot be altered by a will.
How long does an inheritance case take in Amman courts?
Simple probate cases may take 6-12 months, while complex disputes can extend beyond a year. Timelines depend on case complexity and court schedule.
Do I need a lawyer to file an inheritance claim in Amman?
While not legally mandatory, a lawyer improves accuracy, speeds filings, and helps manage disputes and negotiations with heirs and authorities.
How much do inheritance lawyers charge in Amman?
Fees vary by case complexity and attorney experience. Typical hourly rates may range from a few dozen to several hundred Jordanian dinars, plus potential fixed fees for probate work.
What documents are needed for probate in Amman?
Documents commonly required include death certificate, family lineage documents, titles to property, identity papers for heirs, and any wills or bequests attached to the estate.
Is there an inheritance tax in Jordan?
Jordan currently does not levy a broad inheritance tax. Tax considerations may apply to related income or asset transfers; consult a tax professional for specifics.
Who are legal heirs under Jordanian law?
Legal heirs are determined by regime based on religion. Muslims follow fixed shares under Sharia, while non-Muslims follow civil code-provided heirs and bequests.
Do non-Muslims follow the same inheritance rules in Jordan?
Non-Muslims are typically governed by civil code provisions for wills and distribution, with probate handled through civil court procedures.
Can a will override fixed shares in Jordan?
A will cannot override fixed shares for certain primary heirs in Islamic law. It may allocate up to one third to non-heirs if approved by the applicable law.
How do I contest an inheritance distribution in Amman?
File a formal objection with the court, present evidence of heirs and asset ownership, and consider mediation or appeal if necessary with legal representation.
Where should I file an inheritance case in Amman?
In most cases, probate and inheritance disputes are filed with the Civil or Sharia court system in Amman, depending on the deceased's religion and the applicable law.
5. Additional Resources
- Ministry of Justice (Jordan) - Inheritance related procedures and official guidance - Official government resource on probate, civil filing, and appeals. Link: https://www.moj.gov.jo
- Official Government Portal (Jordan) - Broad information on civil status, family law, and public services relevant to inheritance matters. Link: https://www.jordan.gov.jo
- Jordan Bar Association - Professional guidance for lawyers handling inheritance disputes, probate filings, and representation in Amman courts. Link: https://www.jba.org.jo
6. Next Steps
- Assess your situation - Gather the deceased's death certificate, family tree, assets, debts, and any will or testament documents. Do this within 1-2 weeks.
- Identify applicable law - Determine whether the estate falls under Islamic inheritance rules or civil code provisions by religion and asset types. Complete within 1-2 weeks after document collection.
- Consult a qualified inheritance solicitor in Amman - Seek at least two consultations to compare approaches and costs. Schedule within 2-4 weeks.
- Prepare required documents - Collect identity papers, property deeds, bank statements, and any wills. Complete within 2-3 weeks before filing.
- File the probate or inheritance claim - Submit filings to the appropriate court with your lawyer, including a full inventory of assets and heirs. Expect 4-8 weeks for initial processing.
- Attend hearings or mediation - Participate in court hearings or mediation sessions as directed by the judge or mediator. Allocate 2-6 months depending on caseload.
- Obtain the final distribution order - Receive court approval and begin transferring titles and assets to heirs. Allow 1-2 months post-judgment for administrative steps.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.