Inheritance deed (qassam) and death deed in Iraq: court and steps

In briefThe Personal Status Court has jurisdiction to prove death, record estates and set inheritance shares in the inheritance deed (al-qassam al-shar'i), under article 300 of the Civil Procedure Law, and the court of the deceased's permanent residence issues the deed under article 305. The deed is issued only after a statement from the mukhtar or administrative body and evidence on the death and the heirs, under article 310. The estate is then distributed after funeral costs, debts and bequests, under article 87 of the Personal Status Law.

After a death in Iraq, the family usually asks about two documents: proof of the death, and the inheritance deed (al-qassam al-shar'i) naming the heirs and each heir's share. Without the deed, transfers of property, real estate and accounts do not move. The office of lawyer Ali Barakat in Baghdad explains here the framework the Civil Procedure Law and the Personal Status Law set for this.

Recording the death in the civil register

Article 12 of National Card Law No. 3 of 2016 requires the health authorities to notify the Nationality Directorate of a death within thirty days, and the event is recorded electronically. Article 27 provides that deaths are entered in the civil information system on the basis of certificates issued under the births and deaths registration law, and also on the basis of sharia deeds and decisions of the competent courts. Administrative registration is covered on the registering births, marriages and deaths page.

The court that issues the deed

Article 300 of Civil Procedure Law No. 83 of 1969 gives the Personal Status Court jurisdiction over proving death, recording estates, setting inheritance shares in inheritance deeds and distributing them among heirs, and matters of missing persons. Article 305 sets the territorial rule: the court of the deceased's permanent residence issues the inheritance deed, and a deed issued by another court is not recognised. Recording the estate falls to the court of permanent residence and the court where the estate is located.

Steps before the deed is issued

Article 310 of the Civil Procedure Law sets out what must happen before inheritance deeds are issued:

A statement from the mukhtar or administrative official of the deceased's place of residence, or the head of the deceased's association or union, giving the date of death, the names of the male and female heirs and each one's relationship to the deceased, and whether each heir is a minor or an adult, with the signatures the text lists from family members or two trusted people who knew the deceased and the heirs.
The signature of the applicant, who must be one of the heirs or authorised by an official body.
Evidence before the judge: the judge asks for witnesses to the death and its date, the limitation of the estate to the heirs, and each heir's relationship to the deceased.
Issuing and registering the deed once the testimony is heard and the death and heirship are established.

Because the statement identifies minor heirs, a minor among them brings up guardianship over that share; see the removing a guardian page.

Order of rights in the estate

Article 86 of the Personal Status Law sets the elements of inheritance, its two causes (kinship and a valid marriage) and its conditions: the actual or legal death of the deceased, the heir being alive after that death, and knowledge of the basis of inheritance. Article 87 lists four rights attached to the estate, in order of priority: preparing the deceased for burial, then paying debts from the whole estate, then carrying out bequests from one third of what remains, then giving the rest to those entitled. Article 88 lists who is entitled, article 89 sets out the classes of heirs by kinship, and article 90 refers the distribution of shares to the sharia rules. Article 91 sets the shares of husband and wife and the position of a daughter or daughters where there is no son.

Bequests and the obligatory bequest

A bequest of more than one third is not allowed without the heirs' consent under article 70, and written proof is required as article 65 details. Article 74 regulates the obligatory bequest: if a child dies before the father or mother, the child's entitlement passes to the child's own children within one third of the estate, and this bequest comes before other bequests in drawing on that third.

State-owned (amiri) land

The right of disposal over amiri land passes on death under the "transfer" rules in articles 1187 to 1199 of the Civil Code. These rank the holders in degrees and make the first degree the deceased's descendants, with males and females taking equal shares. Shares in amiri land can therefore differ from shares in the rest of the estate.

Legal basis and sources

Frequently asked questions

Which court issues the deed if the property is in another province?

The court of the deceased's permanent residence under article 305; recording the estate can also be done before the court where the estate is located.

Must all heirs attend?

The text requires the signature of an applicant who is an heir or officially authorised, together with the statement and evidence.

Are debts paid before inheritance?

Yes. Debts are paid from the whole estate before bequests and shares under article 87.

Always check the text in force and its amendments in the official source.

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Death deed, inheritance deed (qassam) and distributing an estate