Important! The 7 Obligations Heirs Must Fulfill

In the process of dividing an inheritance, an heir has responsibilities that must be fulfilled before the assets are distributed fairly in accordance with the provisions. These obligations should be carried out promptly to ensure the rights of the deceased are honored.

What responsibilities should an heir fulfill on behalf of the deceased? Read the full discussion in this article!

Elements of an Inheritance

When discussing the obligations of heirs, you first need to understand the elements of an inheritance. Broadly speaking, there are three main elements: the deceased, the estate, and the heirs. Here is an explanation of each:

A. The Deceased

The deceased is the person who leaves behind a legacy in the form of property or material assets. In this context, the deceased is a person who has passed away and left behind a sum of wealth, as well as any wishes for family members or trusted individuals.

B. The Estate

The estate is the property left behind or owned by the deceased that remains after it has been used for the deceased's needs during illness until death, funeral arrangement costs, debt repayment, and gifts to relatives.

C. The Heirs

Heirs are the people entitled to the assets of the estate left by the deceased. In other words, heirs are those who have the right to receive a share of the property of a person who has passed away.

7 Obligations of Heirs

The following are 7 obligations that an heir must fulfill in relation to the deceased:

1. Paying Funeral Arrangement Costs

The first obligation of an heir is to ensure that the funeral arrangements are carried out properly and in accordance with the religion the deceased followed and local customs. Heirs are responsible for arranging all of the deceased's needs, such as the burial place and the ceremony.

This also includes handling the necessary documents, namely the death certificate. Arranging the burial is a form of respect for the deceased and helps the family left behind. An heir should carry out this obligation properly before turning to the distribution of the estate.

2. Paying Care Costs if the Deceased Was Ill

If the deceased suffered an illness before death and needed hospital care, an heir must ensure that all treatment costs up to the time of death have been settled. If they are not paid, these costs will become a debt of the deceased.

3. Settling the Deceased's Debts, if Any

In addition to paying medical care costs, an heir is obligated to settle all debts left behind by the deceased. All personal or business debts must be properly resolved. These debts also include installments, loans, and trade debts owed to financial institutions.

Conversely, if an heir does not settle these debts, they may face legal claims from the parties concerned. For this reason, settling debts ensures that the deceased's good name is preserved and that the heir does not become entangled in legal matters later on.

4. Paying Zakat

If the deceased had not yet fulfilled their zakat obligations during their lifetime, the heir is responsible for paying that zakat. Types of zakat that are obligatory for individuals include zakat on income, zakat on trade, and zakat on wealth.

Paying zakat aims to purify the deceased's assets and bring blessings to the heirs who receive the inheritance. Therefore, zakat payments should be prioritized before the inheritance is distributed to the heirs.

5. Carrying Out the Will

Sometimes, a deceased person leaves a specific will before they pass away. If so, the heir's obligation is to fulfill and carry out that will, provided it does not violate applicable law or religious rules.

Generally, a will may take the form of a specific message, the designation of certain heirs, or the allocation of assets to parties who are not primary heirs, such as foundations or charitable institutions.

Before carrying out a will, the heir must first ensure that it has been legally validated through a notary or a trusted witness. The will also must not violate the rules for dividing an inheritance under inheritance law, whether Islamic law or civil law.

6. Preserving the Integrity of the Estate

Before distributing the estate, an heir must also safeguard the integrity and security of the deceased's property. Protecting the estate in this way can help you prevent conflicts among the heirs, especially when there are differing opinions about how the assets should be divided.

Therefore, heirs can record all the assets owned by the deceased, including houses, vehicles, savings, securities, and other important assets. Heirs must then ensure that none of these assets are misused or decline in value while the inheritance administration process is ongoing.

7. Distributing the Estate to the Rightful Heirs

Once all of the obligations above have been fulfilled, the final step for an heir is to divide the estate in accordance with the applicable legal provisions. You may consult a lawyer to ensure the distribution process runs smoothly.

Under Islamic law, the estate may be divided according to the rules of faraid, which set each heir's share based on their family relationship. Under civil law, the division is based on the mutual agreement of the heirs or follows the contents of a will, if one exists.

Fulfill Your Obligations as an Heir Properly!

Having learned what obligations heirs must carry out, you can ensure that the inheritance distribution process runs smoothly and fairly. In this way, the heirs can maintain harmony and avoid potential conflicts in the future.

Furthermore, to make preparing for a time of mourning easier, you can use Kamboja's funeral services. With trusted experience, comprehensive services, and professional support, Kamboja is ready to stand by your family during difficult times. Visit our official website today to explore service packages that suit your needs!