Real estate succession in Algeria 2026 is governed by Family Code (amended law 84-11), mainly based on Islamic sharia (Quran + hadiths). After property owner death (de cujus), real estate automatically passes to legal heirs according to precise shares. This 2026 guide details: heir categories (Ashab al-Furud, Assaba, dhaw al-arham), classic share calculation (1/8 widow, 2:1 son/daughter), notary procedure heredity act + land book transfer, mutation duties, delays, 2026 villa and apartment costed cases.
2026 FC heir categories: 3 successoral ranks
3 heir categories 2026 Family Code: (1) ASHAB AL-FURUD (fixed-share heirs, FC art. 138) — 12 persons with predefined Quran shares: father, mother, widow/widower, daughter, sister, paternal grandfather, grandmother (father + mother), half-sister consanguine, half-brother uterine, etc. (2) ASSABA (residual heirs, FC art. 143) — son, grandson, full brother, paternal uncle: receive what remains after ashab al-furud. Classic 2:1 principle (son = 2× daughter for acquired patrimony; contested but still in force 2026). (3) DHAW AL-ARHAM (distant relatives) — maternal aunts, cousins: inherit ONLY in absence of first 2 categories (rare).
2026 main sharia shares: 8 typical cases
8 most frequent 2026 sharia shares: (1) WIDOW alone (no children) = 1/4 (25%); widow with children = 1/8 (12.5%). (2) WIDOWER alone (no children) = 1/2 (50%); widower with children = 1/4 (25%). (3) SINGLE DAUGHTER = 1/2 (50%). (4) MULTIPLE DAUGHTERS (2+, no sons) = 2/3 (66.7%) to share. (5) MOTHER = 1/6 (16.7%) if deceased has children; 1/3 (33.3%) if no children. (6) FATHER = 1/6 (16.7%) if deceased has children + Assaba residual; 100% if no other heirs. (7) FULL BROTHER = Assaba residual in absence of children. (8) UTERINE HALF-BROTHER = 1/6 with no children + no full brother. Multi-heir complex calculations = mandatory notary.
2026 succession procedure: 6 notary steps
6 Algeria 2026 succession steps: (1) DEATH DECLARATION to commune + death certificate (5 copies). (2) NOTARY REFERRAL by one heir + deceased family book + property land book + death certificate + heir IDs. (3) HEREDITY ACT (fredha): notary identifies all legal heirs + calculates shares per FC. Cost 30-80k DZD by complexity. (4) ASSETS EVALUATION: real estate expert estimates succession property(ies) (~80-150k DZD). (5) SUCCESSION PARTITION ACT: notary distributes assets per shares (may include preferential attribution). (6) LAND CONSERVATION REGISTRATION: new land books issued to owner heirs. Total delay 6-18 months by family complexity.
2026 succession mutation duties: 3% direct line
2026 Algeria succession taxation (Registration Code): (1) DIRECT LINE (children, parents, spouse) = 3% asset value. (2) 1st DEGREE COLLATERALS (brothers, sisters) = 5%. (3) 2nd-3rd DEGREE COLLATERALS (uncles, cousins) = 7.5%. (4) NON-RELATIVE THIRD PARTIES (rare, will) = 10%. Calculation base: property market value on death day (expertise). Exemptions: (a) DECEASED'S MAIN HOME occupied by direct heir = 50% value abatement if value 20M DZD.
2026 particular cases: wassiya will + tanzil
2 particular 2026 mechanisms: (1) MUSLIM WILL (wassiya, FC art. 184): de cujus can bequeath MAXIMUM 1/3 patrimony to NON-heir person (friend, association, pious work). Remaining 2/3 follow sharia rules. Wassiya must be written + notarized + attested by 2 witnesses. Cannot advantage an heir (sharia forbidden). (2) TANZIL (FC art. 169): DZ original mechanism, allows to gratify grandchildren whose parent (de cujus's child) died before grandparent (legal representation). Ex: grandfather dies, his son died before, his grandchildren inherit father's share (would have been 25% if alive). Modern family protection. Requires specific notarial act.
2026 concrete case: 4-child Hydra villa succession
2026 typical case: Widower father dies, leaves Hydra villa 50M DZD to 4 children (2 sons + 2 daughters). Sharia calculation FC art. 148: 2:1 son/daughter ratio on inheritance. Total shares = (2×2) + (1×2) = 6 shares. Each son = 2/6 = 33.3% × 50M = 16.67M; each daughter = 1/6 = 16.67% × 50M = 8.33M. Procedure: (1) Notary heredity act 50k. (2) Villa expertise 120k. (3) Mutation duties 3% × 50M = 1.5M (distributed proportionally). (4) Notary partition fees 2% × 50M = 1M. Total cost 2.67M. Heir options: (A) SELL villa 50M, each receives cash share. (B) ELDEST SON BUYS: pays 33.33M to 3 others, keeps villa. (C) LICITATION if conflict. Most frequent 2026 = sale and distribution.
Frequently asked questions
Can we stay in indivision indefinitely?
No, CC art. 722: no one is forced. Indivision convention max 5 years renewable, but any indivisary can request partition.
Succession without will: who inherits first?
Sharia FC art. 138: ashab al-furud (father, mother, widow, daughters) then Assaba (sons, brothers) then dhaw al-arham (cousins). Notary calculates via fredha.
Does daughter inherit half of son in 2026?
Yes, 2:1 rule FC art. 148 still in force for acquired patrimony. Active societal debate but no legal modification 2026.
Can one renounce succession in Algeria?
Yes, notarial renunciation possible within 3 months post-death. Share redistributed among other heirs per revised fredha.
How much does 2026 notarial fredha cost?
30-80k DZD by family complexity (heir number, assets). Add 80-150k expertise and 3% direct line duties.