An inherited property stays registered in the deceased's name until the heirs complete the formalities. Until then, it cannot be sold, mortgaged or divided on sound terms.
The deed of inheritance
The deed of inheritance, drawn up by adouls, names the heirs and the share of each under the rules of the Family Code. It is the basic document for every step.
Registration on the land title
- Request a recent ownership certificate for the property.
- File the deed of inheritance with the land registry, with the documents requested (death certificate, identity documents).
- Pay the registration fees and duties.
- Have the heirs entered as joint owners.
After registration
The heirs can then sell together, divide the property or transfer their shares. If one of them refuses, court-ordered partition remains available. For an unregistered property, the steps go through adoul deeds and, where relevant, a land registration procedure.
The firm's view
The sooner the formalities are completed after the death, the less they become complicated with time and generations.
Maître Malak Elimani assists heirs, in Morocco and abroad, in settling estates that include real estate. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Estates and inheritance
- Inheritance in Morocco: Steps, Heirship Deed and Taxes
- Wills (wassiya) in Morocco: what they allow and their limits
- Ending joint ownership after an inheritance in Morocco
- Remote working and the employment contract in Morocco: what to provide for
- Filing a criminal complaint in Morocco: the steps and what happens next
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.