Inheritance in Tunisia: who inherits and what to do after a death

Read in: العربية / Français

Topic: Family law

Heirs under the Personal Status Code, death certificate and heirship deed, debts before sharing, limits on wills, and the role of notaries and courts.

When a family member dies, practical questions follow quickly: who inherits, which documents are needed, and how is the property shared? In Tunisia, inheritance is mainly governed by the part of the Personal Status Code that deals with succession. Here are the broad lines so you know where to start. Who inherits? The Personal Status Code distinguishes two main groups of heirs: Fixed-share heirs: the law gives them a set portion of the estate. They include the surviving spouse, the father, the mother and, in some situations, daughters. Residuary heirs: they take what is left once the fixed shares have been given out, sons first among them. Spouses inherit from each other if they were still married at the time of death. Children are never excluded by other heirs, and their presence changes the shares of the other heirs and can exclude some of them altogether. The well-known general rule is that, between children of the same degree, a son receives twice the share of a daughter. The exact calculation, however, depends on how each family is made up, so don't rely on a rough estimate: ask the notary or a lawyer to work it out. First steps after a death Death certificate: the death is recorded in the civil register at the municipality, which then issues a death certificate. Heirship deed (hojja): drawn up by the cantonal judge (juge cantonal) for the area where the death certificate was issued, on the declaration of an heir or relative with two witnesses, using the heirs' civil status records and, where relevant, ownership certificates for registered land. It lists the heirs and their relationship to the deceased. Banks and the land registry will ask for it. Inventory: gather proof of the assets (land titles, contracts, bank accounts, vehicles, company shares) and also of the deceased's debts. Tax formalities: the heirs must file and register a declaration of the inherited assets at the tax office (recette des finances) within a legal deadline that runs from the death; ask early. Debts and wills come first Heirs only receive what remains after funeral costs and the deceased's proven debts have been paid, and after any will has been carried out within its legal limits. Settle the debts before sharing anything, so that no heir is pursued for them later. A will (wasiya) is valid in favour of someone who is not an heir, up to one third of the estate. Anything beyond a third, or a bequest to an heir, only takes effect if the other heirs agree after the death. To be valid, a will must be made either as an official deed, for example before a notary, or as a written document dated and signed by the person making it; an official deed is much easier to prove. The law also provides a mandatory bequest for the children of a person who died before, or at the same time as, their own father or mother: they receive the share their parent would have inherited, up to one third of the estate and subject to conditions. Sharing the estate: by agreement or in court If the heirs agree, the estate can be shared by a deed drawn up by a notary or a lawyer, followed by the formalities needed to transfer ownership, especially for registered land. Until it is shared, the property is held jointly by all the heirs. If they disagree, or if a property cannot be physically divided, any heir can ask the court to order a division. The court may appoint an expert to value the assets and propose how to split them, and can order a sale so the price is shared. If one of the heirs is a minor, some decisions about their share need court approval. When to see a lawyer In many families everything goes smoothly at the notary's office. A lawyer becomes essential when: the heirs disagree about the division or the value of the assets; a will is disputed, or something the deceased did before dying looks questionable; the estate has large debts, or includes a company or a business; an heir is a minor or cannot be reached, or heirs or assets are abroad. The site's directory lets you find a lawyer registered with the ONAT in your city, ideally one used to family and inheritance cases. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026