Who inherits property in Tunisia when a foreigner dies?

Answer by the AvoConsulte editorial team

Under Tunisia's Code of Private International Law, succession is governed by the law of the deceased's nationality at the time of death, or by the law of their last domicile, or by the law of the State where they left property. Property located in Tunisia still goes through Tunisian formalities, especially land registration, before the heirs can sell or transfer it.

Which law decides who inherits

The Code lists these three laws side by side, so which one decides who the heirs are and what share each receives is a technical question for a lawyer; for a foreign national, it is often their national law. A Tunisian court sets aside a foreign rule only where it is contrary to Tunisian public policy, and ownership of property in Tunisia and its registration are governed by Tunisian law. If the applicable law gives Tunisian property to no individual heir, it goes to the Tunisian State. For a person with several nationalities including Tunisian, the Code applies Tunisian law to personal status, which can bring Tunisian succession law into play.

Practical steps for the heirs

• Death certificate: from the Tunisian civil register if the death occurred in Tunisia; otherwise from the country of death, apostilled or legalised, and translated into Arabic.
• Proof of who the heirs are under the applicable law, such as a certificate of inheritance or a notarial deed from the home country, also apostilled or legalised and translated. In Tunisia itself, the heirship deed (hojja) is issued by the cantonal judge; ask a lawyer which document Tunisian banks and the Land Registry will accept in your case.
• The will, if there is one, with proof that it is valid.
• An inventory of Tunisian assets: land titles, bank accounts, vehicles, company shares.
• Transfer formalities: a declaration of the inherited assets registered with the tax administration and, for registered land, recording the heirs on the land title at the Land Registry.

Some steps may first require a Tunisian court to recognise a foreign judgment (exequatur). Heirs living abroad can act through a power of attorney given to a lawyer or a relative in Tunisia.

Selling inherited property and transferring the proceeds abroad can involve foreign-exchange formalities, so plan this early with a lawyer and the bank.

For your own situation, consult a lawyer used to cross-border estates; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code de droit international privé – Les successions (art. 54 à 56) Jurisite Tunisie
2. Code de droit international privé – Droits des personnes (art. 39 à 44) Jurisite Tunisie
3. Code de droit international privé – Les biens (art. 57 à 61) Jurisite Tunisie
4. Les successions - Code des droits d'enregistrement et de timbre Jurisite Tunisie
5. إقامة حجة الوفاة وزارة العدل