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Inheritance order: what it is, who inherits by law and how to obtain it

When a person dies without leaving a will, the estate passes to the heirs under the Succession Law. But a bank, the Land Registry and a pension fund will transfer nothing on the strength of a death certificate and an affidavit. They require an inheritance order, the official document that determines who the heirs are and what share each of them holds. This page explains who is entitled, what is filed, what it costs and how long it takes.

"Renouncing an inheritance is an excellent tool, and also the place where most of the tax mistakes are made."

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 12-minute read
Book a consultation02-5953322

What an inheritance order is and why it is needed

The death of a close relative is a hard event, emotionally and bureaucratically alike. Alongside the grief, the family must deal with the estate, and the first step is almost always an inheritance order. An inheritance order is a declaratory judicial order, granted by the Registrar of Inheritance or the family court, that determines who the deceased’s heirs by law are and what share each of them holds in the estate.

The order does not create the rights; they arise by law at the moment of death. The order only declares them officially, and that is what makes action possible: transferring an apartment at the Land Registry, withdrawing funds from a bank account, receiving insurance and provident fund money that has no named beneficiaries, collecting debts owed to the deceased and selling assets. Without the order, every such body will refuse to act.

And because the order is declaratory only, it can also be amended and revoked. Section 72 of the Succession Law allows the Registrar or the court to amend or revoke an order that was granted if facts or claims come to light that were not known when the order was made, for example an heir who was unknown or a will found later.

Inheritance order versus probate order

The two orders are not a matter of choice; the facts decide. If the deceased left a valid will, an application for a probate order is filed, and the will determines who inherits and what. If no will was left, an application for an inheritance order is filed, and the law determines. An inheritance order is not granted “in accordance with the will”, and a will is not carried out by force of an inheritance order.

There are two intermediate situations. The first is a partial will: where the will covers only part of the estate, for example the apartment alone, both orders are needed, a probate order for what the will covers and an inheritance order for the remainder. The second is a will that was set aside: if an objection was filed and the will was voided, or if it refers to assets that no longer exist, the estate reverts to succession by law and to an inheritance order.

The documents differ too. A probate application is accompanied by the original will, whereas in an inheritance application the applicant declares that to the best of his knowledge the deceased left no will. A false declaration on this point is an offence, so in any doubt, for instance where the deceased is known to have visited a lawyer, it is worth checking before filing. The Registrar of Inheritance keeps a register of wills deposited with it, and the applicant receives an answer on this in the course of the examination. For anyone dealing with a will, the page on the probate order sets out the parallel route.

Who the heirs by law are and what their shares are

The Succession Law, 1965, provides in section 10 who inherits when there is no will: the spouse of the deceased, and alongside the spouse the relatives, in circles. The first circle is the deceased’s children and their descendants; the second is the parents and their descendants, meaning siblings and nephews; the third is the grandparents and their descendants, meaning uncles and cousins. A closer circle excludes the more distant one, and the child of an heir who died before the deceased steps into that heir’s place.

The spouse’s share depends on who inherits alongside him or her:

  • Alongside children or their descendants, or alongside the deceased’s parents: the spouse receives one half of the estate, and the other half is divided among them.
  • Alongside siblings, nephews or grandparents only: the spouse receives two thirds and, in addition, if the couple were married for at least three years and lived together in an apartment included in the estate, the whole of the deceased’s rights in that apartment.
  • Where none of these relatives exists: the spouse inherits everything.

In addition to the share, the spouse takes from the estate the household chattels and the car. Common-law partners, neither of whom was married to another person at the time of death, receive the same rights under section 55 of the Law. An adopted child inherits from the adoptive parent as a child in every respect, and a child born outside marriage inherits from both parents. A person who is not a relative can inherit only under a will. Where there are no heirs at all, the estate passes to the State.

Who files and with which forum

Anyone with an interest in the order may file the application: an heir, an heir of an heir, a creditor of the estate or of one of the heirs, and an estate administrator. In practice one of the heirs usually files on behalf of all, and there is no need for all the heirs to join as applicants; it is enough that they are notified.

The main forum is the Registrar of Inheritance at the Ministry of Justice, which operates through district offices according to the deceased’s last place of residence. An applicant represented by a lawyer files through the online system; an unrepresented applicant may file online or manually. Where the heirs include siblings, nephews, grandparents or uncles, the filing is manual.

A second alternative is the rabbinical court. Section 155 of the Succession Law empowers the religious court to grant an inheritance order, on one condition: all the parties concerned under the Law, meaning all the heirs by law, have given their written consent to its jurisdiction. It is not enough that all the heirs are Jewish; the consent of each of them is required, and the court may rule according to religious law, whose division differs from the statutory one. An heir who withdraws consent before the order is granted may take the case out of the court’s jurisdiction. This forum therefore suits families where the consent is complete and stable.

The third forum is the family court, to which the file is transferred, rather than filed directly, when a dispute or difficulty arises, as set out below.

The documents and the fees

A complete application is the difference between an order within weeks and a file that comes back for completion. These are the documents required in an ordinary application:

  • The application form, signed and verified by affidavit before a lawyer, setting out the deceased’s details, the details of all the heirs and their shares, and a declaration that no will is known.
  • An original death certificate or a certified copy. Where the deceased was not an Israeli resident, a foreign death certificate authenticated by apostille and translated.
  • Proof that the heirs were notified. Every heir who is not an applicant is sent notice of the application by registered mail, or a signed confirmation by that heir that he knows of it is attached. This is the document most often forgotten, and without it the file does not move.
  • Affidavits of renunciation, where an heir wishes to waive his share in favour of a spouse, child or sibling of the deceased, or generally in favour of all the heirs.
  • A power of attorney to the lawyer, where the applicant is represented.
  • Proof of payment of the fees.

Two fees are payable: an application fee and a publication fee, which covers the publication of the notice in the official gazette and a newspaper. The fee is lower for online filing than for manual filing, and the amounts are updated each year; as of early 2026 they come to a few hundred shekels per application. Anyone who wants the order registered directly in the land registers can request that in the application, for an additional fee.

What is not required: a land registry extract, land appreciation tax or estate tax certificates, and an inventory of the estate’s assets. An inheritance application deals with the question of who inherits, not what the estate contains. An inventory is required only later, before each body separately, or if an estate administrator is appointed.

The stages of the process and the timetable

Once a proper application is filed, the process before the Registrar follows a fixed track.

  1. Initial examination. The Registrar checks the application and its attachments and returns anything missing for completion. At this stage the register of deposited wills is also checked.
  2. Publication. The Registrar publishes a notice of the application in the official gazette and a daily newspaper, and on the Registrar’s website. From here 14 days are counted, during which anyone interested may file an objection.
  3. Review by the Attorney General’s representative. The application is passed to the Administrator General, who checks whether there is a public interest, minors or protected persons to be safeguarded, and states whether it intends to intervene.
  4. Granting the order. Absent objection or intervention, the Registrar grants the order. Under the Registrar’s procedures, an order in a proper application is granted within about fifty days of filing, not counting periods in which the file awaits completion by the applicant.
  5. Receiving and using the order. The order is signed digitally and sent to the applicant, and it can be verified in the online database. Many bodies today accept the digital order directly.

In practice, a file that was filed correctly usually ends within one to three months. A file filed without notices to the heirs, without a verified affidavit or with an error in an heir’s details stretches over months. And any objection takes the file off this track entirely.

When the file is transferred to the family court

Section 67A of the Succession Law sets out when the Registrar may not grant the order himself and the file is transferred to the family court:

  • An objection to the application was filed, by an heir, a creditor or any other interested person.
  • The Attorney General’s representative gave notice of a wish to intervene, for example where a minor or a protected person is among the heirs and there is a concern for his rights.
  • The State or one of its institutions is an interested party.
  • The application involves an heir who is a minor or legally incompetent and has no guardian, or raises a legal question the Registrar considers should be decided by the court, such as common-law partnership, the validity of a marriage or a determination of paternity.
  • The deceased or the assets are connected abroad in a way that requires a ruling on the applicable law.

In court the file becomes a claim: the objector files a reasoned statement of objection, the applicant replies, and the court hears evidence and decides. Common disputes at this stage are a partner’s claim to rights as a common-law spouse, a dispute over whether a particular child is a descendant of the deceased, and a claim that a will exists. The proceeding can last a year or more, so where a dispute is foreseeable it is worth considering an agreement between the heirs before filing.

Special situations

Alongside the ordinary file there are circumstances that call for planning in advance.

  • Renunciation of an inheritance. Under section 6 of the Law an heir may renounce his share, wholly or in part, as long as the estate has not been distributed, but only in favour of a spouse, child or sibling of the deceased, or generally. Renunciation “in favour of” another person is not possible and would be treated as acceptance and transfer, with the tax consequences that entails. An heir who renounced is deemed never to have been an heir.
  • An heir who died after the deceased. His share passes to his own heirs, and a further order is needed in his estate. The two orders are filed in parallel and coordinated.
  • An heir who cannot be located. Where an heir lives abroad or his address is unknown, an affidavit on the efforts to locate him is required, and sometimes the appointment of an estate administrator to hold his share in trust.
  • Assets abroad. An Israeli inheritance order does not operate automatically in another country. Sometimes a parallel proceeding is needed there, and sometimes the foreign country recognises the Israeli order after apostille and translation. The law applying to real estate abroad is generally the law of the place where the property is located.
  • A deceased resident abroad. Where the deceased’s domicile was outside Israel, the Succession Law refers in sections 137 onwards to the law of the domicile, and the Registrar or the court will require an expert opinion on that law. Such a file is almost always transferred to the court.
  • Debts of the estate. The heirs are not liable for the deceased’s debts beyond the value of what they received, provided the estate was distributed lawfully. A creditor may apply for the appointment of an estate administrator, and where the debts exceed the assets it is worth considering renunciation or orderly administration of the estate before distribution.
  • Estate administrator. Where there are many assets, many heirs, minors, debts or a dispute, the appointment of a temporary or permanent estate administrator can be requested. The administrator gathers the assets, pays the debts and distributes the balance, under the supervision of the Administrator General.

In summary

The inheritance order is the key to realising the rights of heirs by law, and without it the estate remains frozen. The process before the Registrar of Inheritance is formal but predictable: a verified application, notices to all the heirs, publication, review by the Attorney General’s representative, and an order within weeks. It becomes complex when a question arises about the identity of the heirs, the validity of a marriage, a will that was found, assets abroad, or when an objection is filed.

Determining the heirs and their shares under the sections of the Law, drafting renunciations and notices correctly, choosing the forum and dealing with an objection or an intervention require familiarity with inheritance law and the Registrar’s procedure, and professional legal representation by an attorney who specialises in the field.

If you have lost a close relative and need an inheritance order, or your file is stuck with the Registrar, contact us for a diagnostic conversation. Together we will check who the heirs are, which documents are missing and what the shortest route to the order is.

Questions and answers

What people ask most often about the inheritance order

What is the difference between an inheritance order and a probate order?
An inheritance order is granted when there is no will, and determines the heirs under the Succession Law. A probate order is granted when there is a valid will, and gives it operative force. Where the will is partial, both are needed.
Who can apply for an inheritance order?
Any interested person: an heir, an heir of an heir, a creditor of the estate or of an heir, and an estate administrator. It is enough for one heir to file, provided all the others are notified.
How much does an inheritance order cost?
Two fees, an application fee and a publication fee, totalling a few hundred shekels, lower for online filing. The amounts are updated at the start of each year on the website of the Registrar of Inheritance.
How long does it take to receive an inheritance order?
In a proper application with no objection, under the Registrar’s procedures, up to about fifty days from filing, and in practice usually one to three months. Completions, an objection or a transfer to court lengthen the process considerably.
How much does the spouse inherit when there are children?
One half of the estate, and the other half is divided equally among the children. In addition, the spouse takes the household chattels and the car.
Does a common-law partner inherit?
Yes. Section 55 of the Succession Law gives common-law partners, neither of whom was married to another at the time of death, the rights of a spouse in succession by law. Where their status is disputed, the file is transferred to the court.
Are children entitled to a minimum share of the estate?
No. Israeli law has no forced share. Where there is a will, it governs; where there is none, the Law governs. The only right the Law preserves is maintenance from the estate for a spouse, children and needy parents.
Can the application be filed with the rabbinical court?
Yes, under section 155 of the Succession Law, but only if all the heirs by law consented in writing to its jurisdiction. It is not enough that all are Jewish, and the court may rule according to religious law.
What is renunciation of an inheritance?
A waiver by an heir of his share, wholly or in part, by affidavit, before the estate is distributed. Renunciation is possible in favour of a spouse, child or sibling of the deceased, or generally in favour of all the heirs.
We forgot an heir in the application. What can be done?
Apply to amend the order under section 72 of the Succession Law. The order is declaratory and can be amended when facts come to light that were not known. If the distribution has already been made, the forgotten heir may claim his share from the other heirs.
Are the heirs liable for the deceased’s debts?
Only up to the value of what they received from the estate, and provided the estate was distributed lawfully. Where the debts are large, consider renunciation or the appointment of an estate administrator before distribution.
The deceased lived abroad. Can an inheritance order be obtained in Israel?
Yes, for the assets in Israel, but the law applying to the succession is usually the law of the domicile, and an expert opinion on that law is required. Such files are generally transferred to the family court.

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Family and Inheritance Department

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