ENG | ARB

Distribution of Inheritance

17/09/2018 - 01:31:28 pm

The required documents for petitions regarding the Distribution of Inheritance (Determination of Heirs)

 


1) A printed application and/or petition from the applicant (petitioner) that includes all information about the deceased and his/her heirs. The application must also include contact information and address of the applicant in case of any needed further clarifications.

 

 

2) In the event that the applicant was not genuine, a power of attorney at law or a certified truly original image replica duly certified, must be submitted. The ratification of the aforementioned document should not exceed three months to the date it was issued when submitted.

 

 

3) (3.1) In the event that the deceased (testator) has passed away within the country: Genuine / Original Death certificate of the deceased issued by the competent official authorities (Ministry of Interior) in addition to the death certificate issued by the Orthodox Church stating clearly, that the religious affiliation of the deceased belonged to the Orthodox Church as he/she was a member of that Orthodox parish, and that the burial/funeral ceremony of the deceased were held by the rites of the Orthodox Church. 

 

(3.2) In the event that the deceased (testator) has passed away abroad (outside the country): Genuine / Original Death certificate issued by the competent official authorities of the country in which the deceased (testator) had passed away, in addition to the death certificate issued by the Orthodox Church stating clearly, that the religious affiliation of the deceased belonged to the Orthodox Church as he/she was a member of that Orthodox parish, and that the burial/funeral ceremony of the deceased were held by the rites of the Orthodox Church. 

 

 

4) (4.1) In the event that the deceased (testator) has passed away within the country: Genuine / Original Family pedigree (Family statement/Family Tree) issued by the Ministry of Interior Affairs that discerns and/or identifies the names of heirs. For any reason the Family pedigree should not be provided and/or could not for any reason be issued, a Sworn affidavit* (statement upon oath) issued by the civil court must be provided in addition to a Genuine Distribution of Inheritance (determination of heirs) Certificate issued by the parish priests of the city and/or town in which the deceased has passed away. 

 

(4.2) In the event that the deceased (testator) has passed away in a foreign country in which he was a resident, a Genuine Distribution of Inheritance (determination of heirs) Certificate should be issued by the Orthodox Church of the city / town / country in which he/she last had residence, and a sworn affidavit (statement upon oath) before a notary public in addition to APOSTILLE ratification exclusively, or before the Palestinian Embassy of the country in which the testator had passed away along with the ratification of the Palestinian Ministry of Justice and of the Palestinian Ministry of Foreign Affairs in Palestine, and will be provided to our Court in compliance with a  Distribution of Inheritance (determination of heirs) certificate issued by the parish priests of the origin birth place of the deceased (testator). All the above-mentioned documents and certificates must be provided to the Court as Genuine / Original hard copies.

 

* APOSTILLE: the ratification of the State Secretary seal that certifies the signature and the seal of the Notary Public.


* As for the Sworn affidavit it should include the following information: 1) Name of Testator, date of his death, and his legal in succession Heirs. 2) Information about the Testator’s parents whether alive or deceased and if deceased death certificates should be provided. 3) To mention clearly that there are no other Heirs than the legal ones mentioned in 2nd article of the present paragraph.

 


5) A valid Image replica (photocopy) of ID’s and/or passports of heirs to discern and/or prove the correct names.

 

 

6) Payment of the requested fees according to the fees list issued by the Court.

 

 

7) The petitioner is obligated within a period of 48 hours after submitting his/her petition to post a formal notice in any local newspaper and to provide the Court with a copy of that newspaper.

 

 

8) If the deceased should be from another denomination/sect, it is required in this case in addition to all the other above mentioned documents, to provide a mandate issued by the spiritual leader of that sect which entitles, empowers, and authorizes our Court to proceed with the necessary actions.

 

 

9) In the event that the deceased was not Orthodox when he passed away, or was Orthodox his whole life but was not buried due to the rites of the Orthodox Church, the Ecclesiastical Court of the Orthodox Patriarchate of Jerusalem can be Court of competence to exert jurisdiction over the present subject of a suit ONLY if all the legal heirs submit a document signed by them authorizing the Court to be of a competence and exert jurisdiction over that matter referring to the article 29 of the present Civil Law No. 2 year 2001 that states: “The Court is of a competence to exert jurisdiction over a person or subject of suit if the parties accept its competence either explicit or implicit, even if the court had no primary judicial power in that certain subject.”   

 

***NOTE: all the above mentioned documents should be submitted to the Court. Any petition that does not meet the requirements/conditions will be rejected, as the Court may request other documents if and when deemed necessary.