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After the death of a family member, it’s normal to feel lost and disoriented. Time seems to stop and your brain is not able to keep up with anything. Fortunately (or not) life goes on and the reality of funeral & succession procedures catches up pretty fast.
The succession procedure is long and full of hassles and it falls during a period of grief which makes it even harder to deal with.
It’s completely normal to feel overwhelmed since losing a loved one is a tough situation, but you shouldn’t let this take you down.
Take some time to grieve, and start the procedure with a cool head so you can be done with it quickly and effectively.
Know that before starting the succession procedure, you will need to have in your possession these 2 essential documents:
The death certificate:
Before obtaining the death certificate, you will need to declare the death. You have a period of 30 days after the death if the person was residing in Morocco, and a period of 1 year if they lived abroad; past these deadlines you might be fined from 300 to 1200 dhs. The death certificate request is done through the municipality’s health protection services and requires the medical record of the deceased as well as their ID.
The inheritance deed:
This deed is the star document in a succession procedure. It is essential for any person with inheritance rights who wants to protect themselves in case of possible misunderstandings between heirs.
After obtaining the death certificate, you need to present it to the adoul, on top of the vital records, and eventually a copy of each heir’s ID. The adoul will then draft the inheritance deed, mentioning the name of the deceased, the legal heirs, as well as their individual share. The preparation of this document is done in the presence of 12 male witnesses (family, friends, or neighbors) that will each confirm the deed’s information and sign it, then the deed is then authenticated at a tribunal.
Now that you are armed with both these documents, you can start the succession procedure without any issue. The family code defines succession as: “Anything the deceased owned during his lifetime, such as money, immovable and movable property, and economic rights such as the right of pre-emption, and the right of acceptance of the will not exceeding the total third of his property.”
To avoid having all the heirs moving at all times, it’s possible to nominate one of them as a representative through a power of attorney form that defines the exact formalities that will be treated by the representative, drafted in front of a notary, a adoul or a lawyer appointed in the court of cassation, and signed by all the heirs.
The hereditary deed and death certificate have to be dropped by the heirs (or representative) with the various institutions concerned depending on the nature of the assets to be shared (bank, land registry, department of motor vehicles, CIMR, CNSS, DGI, etc.)
This part of the procedure is the heaviest and toughest, and it requires a lot of energy. It can also be challenging when the heirs aren’t getting along. The conflict of interest between heirs can delay the asset sharing by weeks, even months.
Now that you know the steps to follow and the stress they can bring with them, without mentioning the eventual blocking of the inheritance, what can you do to make dealing with this heavy task easier?
Contact Houkouki! We’re a neutral third party that can not only advise you but also assist you in the different procedures (splitting of real estate, shares, etc.) starting from the moment we receive the certificate of death and the inheritance deed. We can also intervene in the mediation between heirs to speed up the splitting process.
Additionally, with its experience in the succession field, Houkouki has established a partnership with a psychological listening platform to support the heirs in their grief.
Don’t hesitate to contact Houkouki at +212 5 29 04 59 99.