Code of Muslim Personal Laws

Article 133

The administration of the estate of a decedent shall, for purposes of settlement, vest at the time of his death in the executor appointed in the will or, in the absence thereof, in his heir or administrator to whom the court has granted letters of administration.

Article 134

(1) In every petition for probate of will or for the settlement of the estate of a decedent, all matters relating to the appointment of administrator, powers and duties of administrator or executor, the court shall take into consideration the school of law (madhhab) of the decedent. (2) If the decedent's madhhab is not known, the Shafi'i school of law may be given preference together with the special rules of procedure adopted pursuant to this Code.

Article 135

The estate of a decedent shall be applied to claims and charges in the following order: (a) unpaid taxes; (b) reasonable funeral expenses; (c) the expenses for probate, administration and other judicial expenses; (d) the debts of the decedent; (e) the legacies to the extent of the disposable one-third; (f) the distribution of shares among heirs; and (g) unpaid dower.

Article 136

The liability of the heirs of a decedent for the payment of the latter's debts shall not exceed the hereditary estate. Each heir shall be liable only for the payment of the decedent's debt in proportion to his share.