The death of a loved one in Morocco triggers a series of administrative, legal and fiscal procedures that can prove very complex from abroad. Muslim family law, real property, frozen bank accounts: here is how to manage a Moroccan succession step by step.
Applicable law and Moudawwana legislation
For Moroccan nationals, succession is governed by Moroccan family law (Moudawwana), which applies Islamic inheritance rules: precise division amongst heirs defined by law (asaba), restrictions on testamentary freedom (no more than 1/3 of assets by will), and differences between male and female heirs according to farida rules. If the deceased owned assets in France or Belgium, the law of the country where each asset is located applies to that specific asset โ a lawyer specialising in private international law may be necessary.
๐ก Tip โ If the family is dispersed across several countries, consult both a Moroccan lawyer AND a lawyer from the country of residence of the main heirs simultaneously โ both legal systems may apply depending on the assets concerned.
Report the death and obtain official documents
As soon as possible, obtain the official Moroccan death certificate from the commune where death occurred. Have it transcribed at the Moroccan consulate in your country of residence so that the death is officially recognised by Moroccan authorities abroad. Then, obtain the certificate of inheritance (or certificate of succession rights) established by aduls or a Moroccan notary: this officially lists all legal heirs with their respective share quotas.
๐ก Tip โ Report the death to the Moroccan consulate in your country as soon as possible โ this triggers updates to Moroccan civil status registers and facilitates all subsequent procedures.
Inventory and evaluate assets
Compile a complete inventory of the deceased's assets in Morocco: real property (verify land titles at ANCFCC), bank accounts (request balance as at date of death from each bank with official death certificate), vehicles (registration documents), financial investments, jewellery and valuables. Bank accounts are automatically frozen upon death โ they can only be unfrozen after presentation of the certificate of inheritance and agreement of all legal heirs.
๐ก Tip โ Check ANCFCC online to identify all property in the deceased's name โ some assets may be unknown to heirs and are revealed during this verification.
Proceed with division amongst heirs
Amicable division is always preferable to judicial division, which is longer and more costly. If all heirs agree, a Moroccan notary draws up a deed of division which will be approved by the court. In case of disagreement on the division (or if an heir cannot be located), judicial division proceedings before the Court of First Instance are necessary. This procedure can last several years. An amicable agreement remains the fastest route.
๐ก Tip โ Organise a family meeting (physical or by videoconference) with all heirs within the first few weeks after death โ reaching an amicable family agreement is always less costly and faster than judicial proceedings.
Repatriate inherited funds abroad
To repatriate to Europe funds from the Moroccan succession (proceeds from sale of property, account balances), you must provide your Moroccan bank with: the official certificate of inheritance, the signed notarial deed of division, and proof of payment of all registration duties owed. The Office des Changes may require these documents for significant amounts. Repatriation is then made by SWIFT transfer to your foreign account.
๐ก Tip โ Prepare a complete file with all succession documents before requesting repatriation โ banks and the Office des Changes require complete files and refuse to process incomplete applications.
โ Common mistakes to avoid
- โNot reporting the death promptly to the Moroccan consulate โ delays all succession procedures
- โLeaving bank accounts frozen for years without initiating the unfreezing procedure
- โProceeding with division without notarial deed โ invalid and source of future family disputes
๐ Official links and resources
โ Frequently asked questions
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