Claiming Inheritance
If you’re an Iranian living abroad who recently lost a loved one in Iran, you may now face the legal task of claiming your inheritance from overseas. This can be especially complicated if you are unfamiliar with the Iranian legal system, don’t speak Persian fluently, or are unsure about your rights as an heir. Navigating probate laws, court procedures, and negotiations with local heirs requires precision and legal expertise.
In this guide, a lawyer in Iran explains how foreign-based heirs can claim their rightful share of inheritance in Iran—from understanding local laws and required documents to managing disputes and court involvement.in mjklawfirm
Understanding Inheritance Law in Iran
Who Is Entitled to Inherit Under Iranian Law?
Iran’s inheritance laws are primarily governed by Islamic Sharia (based on the deceased’s religion) and the Iranian Civil Code. The law defines a fixed order of priority among legal heirs, such as:
- First-degree heirs: children, spouse, parents
- Second-degree heirs: siblings, grandparents
- Third-degree heirs: uncles, aunts, cousins
The distribution of property differs depending on gender, religion, and relationship to the deceased. For example, sons generally inherit twice as much as daughters
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Key Procedures for Claiming Inheritance from Abroad
Step 1: Obtain the Death Certificate and Heirship Certificate
To initiate any inheritance claim in Iran, you must first obtain:
- Iranian Death Certificate
- Probation Certificate — this legal document lists all legal heirs and their shares
These can be applied for through the Public Notary Office or Family Court, typically by a local heir or an Iranian lawyer on your behalf.
Tip: If you are abroad, your lawyer in Iran can handle this process with a power of attorney.
Step 2: Prepare and Translate Your Documents
As a foreign-based heir, you will need to submit:
- Valid ID and passport copy
- Your birth certificate to prove your relationship to the deceased
- Any available will or testament of the deceased (optional)
- A Power of Attorney in Persian, issued through the Iranian embassy or consulate in your country
All foreign documents must be translated into Persian by an official translator and certified by Iran’s Ministry of Foreign Affairs.
Step 3: Appoint a Legal Representative in Iran
It’s almost always advisable to appoint a local estate lawyer in Iran to represent you. Your lawyer can:
- Apply for the Heirship Certificate
- Identify and locate assets
- Deal with other heirs or claimants
- Represent you in court if disputes arise
- Handle property registration or sale on your behalf
Step 4: Division of Assets and Court Involvement
Once the heirship is confirmed, assets such as real estate, vehicles, bank accounts, or company shares are divided according to Iranian law. If:
- All heirs agree, the estate can be divided amicably via a notarial deed
- There is a dispute, the matter is referred to the General Court
A court may also be involved if you are claiming ownership from abroad, especially in cases involving:
Refusal by local heirs to divide property
Undocumented property
Common Challenges and Mistakes
. Misunderstanding Your Share
Due to the complexity of Islamic inheritance rules, foreign heirs often overestimate or misunderstand their legal share. An estate lawyer can clarify this early on.
2. Delays from Missing Documents
Claims often stall due to missing identification, unclear family status, or improperly translated documents. Always verify translation and consular certifications in advance.
3. Conflicts with Local Heirs
Disagreements between heirs are common, especially when heirs reside in different countries. Disputes may involve concealment of property, denial of rights, or delays in division.
Having a neutral, professional Iranian lawyer for inheritance claims helps resolve such issues legally and efficiently.
What Taxes and Fees Apply to Inheritance in Iran?
Iran applies an inheritance tax on all assets, payable before division. The rate depends on:
- The value and type of asset (cash, property, shares, etc.)
- The heir’s relationship to the deceased
For example:
- First-degree heirs (children, spouse): lower tax rates
- Real estate: subject to appraisal and property tax
A lawyer can coordinate with tax offices and help reduce errors or overpayment.
How Our Law Firm Assists Foreign Heirs
At our firm, we specialize in helping Iranians abroad claim their rightful inheritance in Iran. Our estate law team provides comprehensive services including:
- Legal consultation on your inheritance rights
- Drafting and notarizing a Power of Attorney
- Obtaining death and heirship certificates
- Negotiating with local heirs
- Representing you in court if disputes arise
- Managing property transfer or sale
- Facilitating tax clearance and registration
- Wherever you live, we can handle the entire process without requiring you to travel to Iran.
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Frequently Asked Questions (FAQ)
Can non-Muslim heirs inherit property in Iran?
In principle, non-Muslim foreign heirs may face restrictions under Iranian Sharia law. However, Iranian citizens abroad, even if non-practicing or from different sects, may still inherit based on civil law. Legal advice is crucial.
❓Can I claim my father’s house in Iran if I live abroad?
Yes. You must prove your relationship (e.g., birth certificate), obtain a probation certificate, and either come to Iran or appoint a local lawyer via Power of Attorney to act on your behalf.
❓How long does it take to settle an inheritance case in Iran?
It varies. Simple cases with no dispute can be settled in 3–6 months. Complex estates or conflicts may take 12+ months, especially if litigation is involved.
❓Do I need to travel to Iran to claim my inheritance?
Not necessarily. With proper documentation and a licensed estate lawyer in Iran, you can handle the entire process remotely using a notarized Power of Attorney.
❓What happens if one heir refuses to divide the estate?
If even one heir objects, the matter must be resolved in Family Court. Your lawyer can initiate legal proceedings and protect your share.