A “probate” occurs when you need a dead person’s signature to transfer the property of one person to another. Since that signature is not available you must go to court. While there is a process involved and its done by lawyers in designated courts all the time, getting this done for Muslims who want to follow the Islamic Rules of Inheritance is a different matter.
A few things to consider:
• If you are administering an estate, you are a fiduciary, which comes with legal obligations all its own.
• You must contend with the obligation to respect a faridah (obligation) of Islamic Inheritance.
• A California Statute specifically addresses how inheritance is to be distributed if an individual does not have their own plan.
• Even when a person has its own plan and it does not conform to the Islamic Rules of Inheritance, you may be following the law while committing an injustice.
There are solutions to these issues, however they rely on family cooperation and mutual understanding, as well as from obtaining good advice. We update this website regularly. Subscribe to our email list to stay up to date.
