DIFC Will Probate: What Happens After Death, Step by Step
A registered DIFC will does not transfer anything on its own. Your executor has to apply for a Grant of Probate, sign in person, list the assets and, for assets outside the DIFC, have the order enforced through Dubai Courts. Here is the process as the DIFC Courts publish it.
When someone dies with a registered DIFC Courts will, their assets do not move automatically. The executor named in the will has to apply to the DIFC Courts for a Grant of Probate, attend in person to sign the application, give the court a schedule of the estate's assets and then, for assets in Dubai outside the DIFC, have the Probate Order enforced through the Dubai Courts. The DIFC Courts say a straightforward case normally gets its grant "within a matter of a few weeks" once they have everything they need.
That is the short version. Below is the process step by step, based on what the DIFC Courts publish, plus the points where families most often lose time.
What is probate for a DIFC will?
Probate is the court process that gives your executor legal authority to collect your assets and hand them to your beneficiaries. For a will registered at the DIFC Courts Wills Registry for Non-Muslims, the DIFC Courts' probate page explains that the person named in the will as executor "must first file an application at the Registry (in the prescribed form) for a Grant of Probate and pay the appropriate fee".
The registered will is the instruction. The Probate Order is what banks, the Dubai Land Department and other authorities act on. Without it, even a perfectly drafted will sits in the registry doing nothing.
It also helps to know that nothing done in your lifetime carries over. A power of attorney you gave a spouse or child ends on your death, as we explain in our guide to what happens to a power of attorney when someone dies. From that point, the executor and the court take over.
Who starts the process, and how?
The executor does. The DIFC Courts Wills FAQ says that after a death, "your executor should contact the DIFC Courts (probate@difccourts.ae) with a copy of the death certificate", and they will then be guided through probate.
The court's step-by-step guide to the application sets out the sequence:
- Send the paperwork. The executor completes the Probate Application Form and a Witness Statement and emails them, with a copy of the death certificate, to the probate address. Once the forms are received and the fee is paid, the court assigns a Case Progression Officer, who becomes the single point of contact for the case.
- Sign in person. When the officer is satisfied the file is complete, the executor (or their lawful attorney) attends the DIFC Courts to sign the application in front of the officer, bringing the original death certificate or a certified copy, original ID for each executor, and the original signed Witness Statement.
- List the assets. The executor gives the officer a list of the estate's principal assets, such as property, bank accounts, financial products and vehicles. This becomes a schedule to the Probate Order. It can be done at the same appointment if the information is ready.
- The order is prepared. The officer prepares the Probate Order in English and Arabic and submits it to a DIFC Courts judge.
- Collect the order. Once issued, the executor collects the original Probate Order, or a Guardianship Order where the will appoints guardians for children.
If a named executor will not be applying, the application form asks for an explanation and evidence, for example that the person has renounced probate or has died. This is one reason we always suggest naming a substitute executor. Our post on choosing an executor for your will in the UAE goes through that decision.
Why does a DIFC Probate Order go to the Dubai Courts?
Most assets people own in Dubai, such as freehold property outside the DIFC, onshore bank accounts and cars, are outside the DIFC's own jurisdiction. So the order has to be converted into something Dubai's authorities will act on.
The DIFC Courts describe this as an administrative formality under a Protocol of Enforcement with the Dubai Courts. The steps are:
- The executor applies to the DIFC Courts for enforcement of the order at the Dubai Courts, using a form the Case Progression Officer provides. A separate application fee applies.
- The officer submits the enforcement application to the Dubai Courts, including the list of assets from the Probate Order.
- The Dubai Courts' Enforcement (Execution) Department then deals directly with the executor and instructs the relevant bodies, for example the Dubai Land Department, free zone authorities and banks, to transfer assets as the will directs.
The DIFC Courts' Wills FAQ notes that all DIFC Courts orders, including Probate Orders, need execution at the Dubai Courts "as a standard formality".
The asset list is where delays happen
The DIFC Courts' guide is blunt about this. The asset list sent to the Dubai Courts should be "as complete as possible" and accurate. If an authority declines to transfer an asset because details were missing or wrong, the executor has to go back to the DIFC Courts for a supplementary order, then resubmit it to the Dubai Courts. Additional DIFC Courts fees apply.
In practice, that means the executor should gather, early on:
- Title deeds or Oqood certificates, with plot and unit numbers exactly as registered.
- Bank names, account numbers and the branch where each account is held.
- Vehicle registration details.
- Share certificates or licence details for any company shareholding.
- Brokerage, investment and insurance account details.
You can make this easier while you are alive. Keep a current asset list with your will papers and tell your executor where it is. The DIFC Courts also ask testators to keep their contact and passport details up to date on the Wills Service portal, so the executor is not slowed down at probate.
Does the executor need a lawyer?
Not necessarily. The DIFC Courts Wills FAQ says the Rules allow an executor "to act in their personal capacity" to apply for probate and administer the estate. An executor can also appoint a legal practitioner to handle everything, or apply personally and bring in legal help for parts of the process.
If the executor lives abroad or cannot attend, the probate form includes a "Grant for Use and Benefit to Attorneys", so a lawful attorney can apply on the executor's behalf. Note the DIFC Courts' own wording here: for probate, the power of attorney appointing that lawful attorney "must be prepared by a lawful attorney". Check this with the Case Progression Officer before anything is signed.
How long does DIFC probate take, and what does it cost?
The DIFC Courts say that once they have the required information and documents, a straightforward case normally gets its Grant of Probate within a few weeks. Enforcement through the Dubai Courts and the actual transfers by each authority come after that, so the whole estate takes longer than the grant alone.
On cost, the DIFC Courts state that probate fees are fixed and do not change with the value of the estate. The current amounts are in the DIFC Courts fee schedule. Enforcement at the Dubai Courts and any supplementary order carry their own fees, and legal fees are separate if the executor uses a lawyer.
What about guardianship of children?
If a Full Will or Guardianship Will appoints guardians, the DIFC Courts can issue a Guardianship Order alongside or instead of the Probate Order, and it goes through the same Dubai Courts enforcement route. The Wills FAQ notes that for guardianship provisions to apply, the children must be residents of Dubai or Ras Al Khaimah at the time of probate.
What if there is no DIFC will?
Then none of this applies. The DIFC Courts' FAQ says that without a DIFC Courts will, the laws of the local courts in the emirate where the assets are located apply by default. We cover that route in what happens if you die without a will in Dubai. If you are still at the planning stage, our guide to registering a DIFC will explains the registration itself.
Frequently asked questions
How long does probate take for a DIFC will?
The DIFC Courts say a straightforward case normally gets its Grant of Probate within a few weeks once they have all the required information and documents. Enforcement at the Dubai Courts and transfers by banks and the land department follow after that.
Does my executor need to be in the UAE for probate?
Not for the whole process, but the DIFC Courts' guide asks the executor or their lawful attorney to attend in person to sign the application. An executor who cannot travel can apply through a lawful attorney, and the DIFC Courts say the power of attorney for this must be prepared by a lawful attorney.
Can an executor apply for DIFC probate without a lawyer?
Yes. The DIFC Courts Wills FAQ says the Rules allow an executor to apply and administer the estate in their personal capacity. Many executors still take legal advice for property, business interests or assets outside the UAE.
Is the DIFC probate fee based on the value of the estate?
No. The DIFC Courts say probate fees are fixed and do not change with the value of the estate. Check the current DIFC Courts fee schedule, and budget separately for Dubai Courts enforcement and any lawyer.
What happens if an asset was missed from the probate order?
If an authority refuses to transfer an asset because it was missing or wrongly described, the executor applies to the DIFC Courts for a supplementary order and submits it to the Dubai Courts. Additional fees apply, so a complete asset list at the start saves time and money.
The Deedbox prepares DIFC wills and powers of attorney and coordinates registration. We are not a law firm and do not act in probate proceedings, so an executor dealing with a complex estate should take legal advice.
Sources reviewed 26 October 2026: DIFC Courts Probate page, Probate Guide to Application, Wills FAQ and Probate Application Form (Form 01). Procedures and fees can change, so confirm the current position with the DIFC Courts before acting.