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Inheritance & wills in Albania

Albanian Civil Code (Ligj 7850/1994, Book III) governs all Albanians. Forced-heirship (legjitima) reserves descendants + spouse + parents at 1/2 of their statutory share (Art. 379-380). The Albanian Muslim Community (Komuniteti Mysliman i Shqipërisë, KMSH) provides faraid guidance for the ~60% Muslim population; civil courts have ultimate jurisdiction and there is NO Sharia court structure.

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Albaniaand a scholar familiar with your madhhab.

How inheritance works

Albanian Civil Code (Ligj 7850/1994, Book III) governs all Albanians. Forced-heirship (legjitima) reserves descendants + spouse + parents at 1/2 of their statutory share (Art. 379-380). The Albanian Muslim Community (Komuniteti Mysliman i Shqipërisë, KMSH) provides faraid guidance for the ~60% Muslim population; civil courts have ultimate jurisdiction and there is NO Sharia court structure.

What makes a will valid

Three recognised forms: (a) Public — before a notary + 2 witnesses; (b) Holographic — entirely handwritten by the testator, dated, signed; (c) Secret — signed and sealed, deposited with a notary. Art. 402-419 CC.

Registration & where to lodge

National Registry of Wills (Regjistri Kombëtar i Testamenteve) at the Chamber of Notaries (Dhoma Kombëtare e Noterisë).

Witness rules

Public will requires 2 adult witnesses + notary; witnesses must be non-beneficiaries with full civil capacity. Holographic wills require no witnesses at drafting.

Zakat in Albania

Collecting authority
Komuniteti Mysliman i Shqipërisë (KMSH)
Tax relief
Limited charity deduction under Law 8438. KMSH operates the national Bait al-Mal.
Maximum relief
Discretionary; typically up to 4% of income
Notes
KMSH publishes annual Nisab in ALL and EUR for the diaspora.

Forced heirship & statutory overrides

Civil Code Art. 379-380 — descendants, surviving spouse, and dependent parents cannot be excluded; each takes 1/2 of their statutory share as legjitima.

Probate / execution after death

Notary of the deceased’s last domicile issues the Inheritance Certificate (Dëshmi Trashëgimie) after verifying heirs. Contested cases go to the District Court (Gjykata e Rrethit).

Scholar notes

Predominantly Hanafi (Ottoman legacy); Bektashi (Shia-related Sufi) also present. KMSH publishes annual Nisab in ALL and issues fatwa references.

Common pitfalls

  • Civil Code overrides faraid by default — explicit Islamic will + heir-consent letters minimise dispute.
  • Post-communist property restitution may complicate older title chains.

Official authorities & registries

FAQ — Islamic will & inheritance in Albania

  • Is Islamic inheritance (faraid) legally recognised in Albania?

    Albanian Civil Code (Ligj 7850/1994, Book III) governs all Albanians. Forced-heirship (legjitima) reserves descendants + spouse + parents at 1/2 of their statutory share (Art. 379-380). The Albanian Muslim Community (Komuniteti Mysliman i Shqipërisë, KMSH) provides faraid guidance for the ~60% Muslim population; civil courts have ultimate jurisdiction and there is NO Sharia court structure.

  • What makes an Islamic will (Wasiyyah) legally valid in Albania?

    Three recognised forms: (a) Public — before a notary + 2 witnesses; (b) Holographic — entirely handwritten by the testator, dated, signed; (c) Secret — signed and sealed, deposited with a notary. Art. 402-419 CC.

  • Where do I register my will in Albania?

    National Registry of Wills (Regjistri Kombëtar i Testamenteve) at the Chamber of Notaries (Dhoma Kombëtare e Noterisë).

  • Does Albania have forced-heirship rules that override an Islamic will?

    Civil Code Art. 379-380 — descendants, surviving spouse, and dependent parents cannot be excluded; each takes 1/2 of their statutory share as legjitima.

  • How does probate work in Albania?

    Notary of the deceased’s last domicile issues the Inheritance Certificate (Dëshmi Trashëgimie) after verifying heirs. Contested cases go to the District Court (Gjykata e Rrethit).

  • How many witnesses do I need for a will in Albania?

    Public will requires 2 adult witnesses + notary; witnesses must be non-beneficiaries with full civil capacity. Holographic wills require no witnesses at drafting.

  • What are the most common Islamic-will pitfalls in Albania?

    Civil Code overrides faraid by default — explicit Islamic will + heir-consent letters minimise dispute. Post-communist property restitution may complicate older title chains.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.