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Probate and inheritance orders in Israel: what to file, where, and how long it takes

A will does not transfer property by itself. A bank, the land registry and every other body act only on the strength of an order. The process is not complicated, but it is formal, and a single missing document sends the application back for completion.

"The files that get stuck are not the complicated ones. They are the ones filed without notice to all the heirs, or without the original will."

Adv. and Notary Igal Mor · Estate planning and wills
A document being handed across a desk beside a gavel and scales, illustrating an application for a probate order
Adv. and Notary Igal Mor
By Adv. and Notary Igal Mor
Updated · About an 8-minute read
Book a consultation02-5953322

The two orders and the difference

After a death there are two possible orders, and the choice between them is not a matter of preference but of fact: whether a will exists.

  • An inheritance order is made where there is no will. It declares who the statutory heirs are and the share of each, according to the order of succession fixed by the statute.
  • A probate order is made where there is a will. It gives the will operative effect, and it is on the strength of that order that the various bodies act.

Both are declaratory orders. They do not create rights but declare them, and for that reason they can later be varied or set aside if new facts emerge.

Where a will is partial and does not deal with the whole estate, both orders may be needed: probate for what the will addresses, and an inheritance order for the balance.

Who applies, and to which registry

An application for a probate order may be made by a person whom the will benefits. An application for an inheritance order may be made by a statutory heir, and by anyone with an interest in the estate.

The application is filed with the Registrar of Inheritance Affairs for the district of the deceased's residence at the date of death, and is submitted online.

  • Not all the heirs are needed. One applicant is enough. But notice must be given to everyone the will benefits, or to all the statutory heirs, as the case may be.
  • Representation is possible. Where the application is made through a lawyer, a power of attorney must be attached.
  • There is no race. No time limit applies, and an application may be made years after the death. Delay, however, makes documents harder to locate and assets harder to manage.

The documents to attach

This is the stage at which most files fall down, not through complexity but through omission. These are the required documents:

  • The original will. The original must be filed. Where it is held outside Israel, a certified copy may be filed instead.
  • A death certificate. Required where the deceased did not hold an Israeli identity card.
  • Proof that notices were sent. Notice must be sent by registered post to everyone the will benefits, with proof of posting attached.
  • Proof of payment of the fee.
  • A power of attorney where the applicant is represented by a lawyer.

On an application for an inheritance order, in place of the will one attaches particulars of the statutory heirs and proof that notice was given to them.

This stage repays the effort. A single item to be completed adds weeks to the process, and sometimes requires a further publication.

Publication and notice to heirs

Once the application is accepted, it is sent for publication in the Official Gazette and in a daily newspaper. Publication serves two purposes.

  • It gives an opportunity to object. Anyone who considers that the order should not be made may file an objection. See contesting a will.
  • It protects those who act on the order. Once the application has been published and the order made, a person who acts on it in good faith is protected.

Alongside public notice, the individual notices to the heirs are a separate requirement and cannot be waived. It is not enough to publish and say that anyone who wanted to know could have known.

Where an heir is out of contact, or their address is unknown, a reasoned application can be made regarding the method of service. The answer is not to quietly leave that heir off the list.

How long it takes

In a sound file with no objection and nothing calling for special examination, a decision is given within about forty days of the application, or of delivery of the original will, whichever is later.

  • Where the position of counsel for the Attorney General is required, the timetable lengthens: an initial response is generally given within about thirty days of the referral, and a decision within about fifty days.
  • Where documents turn out to be missing, the clock stops until they are supplied. This is the most common cause of delay.
  • Where an objection is filed, these timetables no longer apply. The file moves to court and proceeds as an action.

The practical conclusion is simple: time invested in preparing the application accurately repays itself several times over. A complete application shortens the process more than any later chasing.

When the file goes to court

The Registrar of Inheritance Affairs may make the order in most cases. In certain situations the statute removes that power, and the file is transferred to the family court.

  • An objection is filed. The most common reason.
  • The State or a public body is a party, or the position of counsel for the Attorney General is required.
  • An oral will. By its nature it calls for judicial examination.
  • A defect in the will requiring a ruling, such as an application to uphold a will despite a formal defect.
  • A minor, or a person under guardianship, among the heirs.

Going to court is not a failure. It is simply a different and longer route, in which appearance and evidence are required. In many cases it can be anticipated and prepared for at the filing stage.

What to do with the order

The order is the operative key. Once it is in hand, the heirs can deal with the bodies holding the estate's assets.

  • Banks and financial institutions. Releasing accounts, deposits and securities.
  • The land registry. Registering the heirs' rights in a property, and thereafter selling or transferring it.
  • The tax authority. Reporting transfers as required.
  • The companies registry where the estate includes shares.

After the order, the heirs may divide the estate among themselves differently from what it provides, by agreement with the consent of all of them. That carries tax consequences too, best examined before rather than after. See agreements between heirs.

Situations that need attention

Alongside the ordinary file there are situations worth planning for at the outset rather than discovering midway.

  • The will or the deceased abroad. Where the original is held outside Israel, a certified copy may be filed. Where the deceased held assets in several countries, one must consider which law governs each asset and whether a parallel process is needed.
  • A minor or a protected person among the heirs. Counsel for the Attorney General becomes involved and the process lengthens.
  • Debts in the estate. The estate bears the deceased's debts. Before distributing, their extent should be established, so that the heirs do not find themselves facing creditors after distribution.
  • Assets that need managing. A live business, a let property or an investment portfolio will not wait. An estate administrator can be appointed, temporarily or permanently.
  • An heir who died after the deceased. Their share passes to their own heirs, and two parallel processes are sometimes needed.
  • Disclaimer from the estate. An heir may disclaim their share after the death, in favour of a spouse, child or sibling. A disclaimer carries tax consequences, best examined before filing.

In summary

A probate or inheritance order is largely a technical stage, and success in it is measured mainly by the accuracy of the filing.

  • The application goes to the Registrar of Inheritance Affairs for the district of the deceased's residence, and is filed online.
  • The original will, proof of notice to the heirs and proof of the fee are the core. A gap in any of them stops the clock.
  • In a sound file a decision comes within about forty days, and within about fifty where the Attorney General's position is required.
  • An objection, an oral will, or a minor among the heirs moves the file to the family court.
  • After the order the heirs may divide differently by agreement, and that carries tax consequences.

We file applications for inheritance and probate orders, deal with completions and with the positions of the authorities, and appear in matters that have moved to court. See also wills and inheritance.

Questions and answers

What people ask most often

What is the difference between an inheritance order and a probate order?
An inheritance order is made where there is no will and declares who the statutory heirs are and the share of each. A probate order is made where there is a will and gives it operative effect. Where the will is partial, both may be needed.
Where is the application filed?
With the Registrar of Inheritance Affairs for the district of the deceased's residence at the date of death. The application is submitted online.
Who may apply?
For a probate order, a person whom the will benefits. For an inheritance order, a statutory heir and anyone with an interest in the estate. One applicant is enough, but notice must be given to all the others.
Which documents must be attached?
The original will, or a certified copy where the original is held abroad; a death certificate where the deceased did not hold an Israeli identity card; proof of notice sent by registered post to all those entitled; proof of payment of the fee; and a power of attorney where the applicant is represented.
How long does it take to obtain an order?
In a sound file with no objection, within about forty days of the application or of delivery of the original will, whichever is later. Where the position of counsel for the Attorney General is required, within about fifty days.
Is publication required?
Yes. The application is sent for publication in the Official Gazette and in a daily newspaper. Publication gives an opportunity to object and protects a person who acts on the order in good faith.
Can notice be dispensed with for an heir who is out of contact?
No. Individual notices are a requirement separate from publication. Where an address is unknown, a reasoned application should be made regarding the method of service, rather than leaving the heir off the list.
When does the file move to the family court?
When an objection is filed; when the State or a public body is a party or the Attorney General's position is required; where the will is an oral will; where it is sought to uphold a will despite a defect; and where a minor or a person under guardianship is among the heirs.
Is there a deadline for filing?
No fixed deadline applies, and an application may be made years after the death. Delay, however, makes documents harder to locate, assets harder to manage, and sometimes relations between heirs harder as well.
What is done with the order once obtained?
It is presented to banks and financial institutions to release accounts, to the land registry to register rights, and to other bodies according to the assets. The order is the document on the strength of which they act.
Can the estate be divided differently from the order?
Yes. After the order the heirs may make a division agreement with the consent of all of them. It carries tax consequences too, best examined before signing.
What happens where the estate has debts?
The estate bears the deceased's debts. Before distributing, their extent should be established, so that the heirs do not find themselves facing creditors after the assets have been divided.

All pages in the Family and Inheritance department

Family and Inheritance Department

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