1. What is the inheritance deed?
The inheritance deed — in Arabic iratha, or ishhad bil wirth (“attestation by testimony of the succession devolution”) — is the authentic deed that records the opening of the succession, identifies the deceased's heirs and sets their shares. These shares are determined under the succession rules applied by the Family Code (Moudawana) and personal status.
Its drafting falls under the exclusive competence of the adouls — the notaries of Muslim law, who act in pairs (two adouls signing together) under the control of the approving judge (qadi al-tawthiq). It is the first deed of a real estate succession: everything else — valuation, transfer, partition, sale — flows from it.
2. Why no property can be transferred without this deed
This is the point many heirs discover too late. As long as the inheritance deed is not drawn up and homologated, the property remains legally registered in the deceased's name at the land registry. Concrete consequences:
- No transfer to the heirs can be registered at the ANCFCC.
- No sale of the property is possible: a notary or an adoul can only draft a deed of disposition for officially recognised owners.
- No donation, no partition, no mortgage can bear on the property.
- Even the mere collection of rents or the regular management of the property becomes legally fragile as long as the devolution is not recorded.
In other words: the inheritance deed is the document that turns beneficiaries into joint owners in the eyes of the administration. It is the key to everything that follows — hence the value of initiating it without delay after the death.
3. The procedure before the adouls, step by step
- Step 1 — Referral to the adouls. The heirs (or their proxy) present themselves at a notarial section of adouls, generally attached to the court of first instance, with the file of documents.
- Step 2 — Collection of testimony. The adouls collect the testimony of two instrumental witnesses (lodj) who confirm the deceased's identity and each heir's family ties.
- Step 3 — Drafting of the deed. The adouls draw up the inheritance deed listing the heirs and their shares under the Moudawana rules.
- Step 4 — Homologation by the judge. The deed is then homologated by the judge of the court of first instance, which gives it its enforceable force. Without this homologation, the deed is not enforceable for the land formalities.
The duration of this first phase is in practice of the order of a few weeks when the file is complete and the heirs identified; it lengthens as soon as a document is missing or an heir is absent. Refer to your adoul and your court for the deadlines and terms applicable to your case.
4. The documents to provide
The file submitted to the adouls usually includes:
- The deceased's death certificate — legalised if issued abroad.
- Civil-status documents of the deceased and of all the heirs: national ID, family record book.
- Deed of ownership of the property, or the land title consulted at the land registry.
- Testimony of two instrumental witnesses (lodj) confirming the family ties with the deceased.
- For an absent heir abroad (MRE): a consular power of attorney to the proxy responsible for representing them before the adouls.
The exact composition of the file may vary depending on the court and the nature of the property (titled or under Moulkia). Confirm the list with the adoul you refer to before gathering the documents — this avoids costly back-and-forth, especially from abroad.
5. Determining the heirs under the Moudawana
The inheritance deed does not merely name the heirs: it sets each person's shareunder the succession rules applied by the Family Code. These rules distinguish the reserved heirs and the shares that revert to them according to the relationship and the composition of the deceased's family. The determination falls to the adouls and the judge — it is neither the role of the real estate expert nor of the notary.
What to remember on the real estate side: once the shares are set in the deed, each heir holds an undivided share of the property or properties. This share is a fraction of the value, not a material part of the property — hence the importance, at the next step, of knowing the real value of each asset in order to partition, buy out a share or sell fairly.
6. The case of heirs abroad (MRE)
This is the most frequent configuration in Moroccan families: one heir lives in France, another in Belgium or Spain, a third stayed in the country. No one can, or wants to, multiply the back-and-forth trips. The consular power of attorney is the central tool:
- Each MRE heir establishes a power of attorney at the Moroccan consulate of their country of residence, designating a proxy in Morocco.
- The proxy — often a co-heir who stayed in the country, or a trusted professional — represents the heir before the adouls and for the formalities.
- The process can be centralised with a single proxy for all the dispersed heirs, which simplifies coordination.
- The death certificate issued abroad must be legalised to be admissible.
The real risk here is not so much the inheritance deed itself as what comes right after: the partition between dispersed heirs, where disagreements over the value of the assets erupt. Anticipating an independent valuation as early as this phase saves months.
7. What comes after the inheritance deed
Once the deed is drawn up and homologated, the heirs are joint owners. The sequence follows:
- Valuation of the assets — pivotal step: it sets the basis on which the duties are calculated and the partition is balanced.
- Transfer at the land registry (ANCFCC) to the joint owners, with payment of succession registration duties (reduced rates for close ties, applied to the declared value).
- Partition — amicable preferably (fast and economical), judicial in case of disagreement (the court then appoints an expert and rules).
- Exit from joint ownership or sale of the inherited property, when the heirs agree.
At each step, it is the value of the property that structures the decisions. An independent appraisal report compliant with RICS (Red Book) standards, produced upstream of the partition, sets a documented basis — condition of the property, surfaces, comparables, explicit methodology — that secures the taxable base, balances the lots and defuses disputes between co-heirs. Cost: from 3,500 MAD excl. tax, report within 5 to 8 days (48-72 h express).
The right reflex: appraisal as soon as the joint ownership is formed
Don't wait for the first conflict to have the assets valued. Most disputes between co-heirs in Morocco arise from a disagreement over value — one finds the family villa “priceless”, the other wants to sell fast and considers the proposed price derisory. An independent report produced before the negotiation puts everyone on the same quantified and defensible basis. Bear in mind that a private appraisal supports negotiation and decision-making between heirs; in a judicial partition, the judge appoints the expert — but a solid report upstream remains your best document to propose a credible amicable partition and avoid getting there.
8. FAQ
Is the inheritance deed mandatory even if there is only one heir?
Yes. Even with a single heir, the devolution must be recorded: the inheritance deed remains essential for the land registry to transfer the property from the deceased's name to that of the heir. Without it, no registration, no subsequent sale is possible.
How long do you have to establish the inheritance deed after a death?
There is no benefit in waiting: as long as the deed does not exist, the property is legally blocked. In practice, the longer you wait, the harder the documents are to gather (witnesses, civil status of heirs who have themselves died, etc.). Initiate the process as soon as possible and confirm the applicable deadlines with your adoul.
Who determines each heir's shares?
The adouls draw up the deed under the succession rules applied by the Family Code (Moudawana), and the judge of the court of first instance homologates it. The distribution of shares falls under the law, not a negotiation: it is neither the role of the real estate expert nor of the notary to set it.
Is a death certificate issued in France or Belgium accepted?
Yes, provided it is legalised to be admissible in Morocco. It is a frequent formality for MRE families. Check the legalisation terms with the Moroccan consulate of your country of residence and the adoul concerned.
Is a real estate appraisal needed for the inheritance deed itself?
No — the inheritance deed records the heirs and their shares, it does not value the assets. The appraisal intervenes at the next step: transfer at the land registry, balancing of the partition, buy-out of shares or sale. An independent report compliant with RICS standards, produced as soon as the joint ownership is formed, secures all these steps. Report within 5 to 8 days, from 3,500 MAD excl. tax, firm quote within 24 h.
Inheritance deed underway? Prepare the valuation already.
RICS-certified experts — independent appraisal report to balance the partition, secure the taxable base and defuse conflicts between co-heirs. Reports compliant with RICS (Red Book) standards, within 5 to 8 days (48-72 h express), everywhere in Morocco.
Note: The inheritance deed falls under the competence of the adouls and the homologation of the judge of the court of first instance, under the applicable regulations (Family Code — Moudawana). Documents, deadlines and terms may vary depending on the court and the nature of the property: confirm your situation with your adoul, your notary or a lawyer. An independent real estate appraisal does not replace these deeds; it documents the value of the assets for the partition and taxation. To document the value of your property, see our real estate appraisal service or the real estate blog.