In short
What happens when heirs cannot agree on dividing the estate?
The heirs can try a division agreement; without agreement, they can ask the Family Court to appoint an estate administrator or to order a division. An inherited apartment the heirs disagree on can be sold, with the proceeds divided by their shares.
When the Heirs Do Not Agree
The order determines who the heirs are and each one's share, but it does not actually divide the assets. This is where most disputes begin: a sibling who lives in the parents' apartment and does not want to sell, an heir who withdrew money from the account before the death, or a disagreement over the value of an asset.
The first step is a full picture of the estate: assets, debts, accounts and financial transactions in the period before the death. Without such a picture, it is hard to negotiate fairly.
Estate Administrator
When the heirs cannot manage the estate together, the court may appoint an estate administrator. The administrator gathers the assets, pays the debts and divides the balance among the heirs according to the order, under the court's supervision.
Such an appointment is particularly suitable when there are many assets, an active business, or a concern that one of the heirs is acting in his or her own interest.
An Inherited Apartment
An apartment inherited by several heirs is jointly owned. Under the Land Law, 5729-1969, every co-owner may demand dissolution of the co-ownership at any time. The court prefers an actual division where possible, and where the apartment cannot be divided, it orders a sale and the division of the proceeds.
Before dissolution, the option of one heir buying out the others is usually examined, at a value agreed between them or set by an appraiser. An heir who lives in the apartment alone may owe the other co-owners a reasonable fee for the use.
An Agreement Between the Heirs
Most inheritance disputes end in an agreement. A good distribution agreement sets out who receives what, how and when balancing payments are made, who bears the expenses and what happens with debts discovered later. When one of the heirs is a minor or has a guardian, the agreement requires court approval.
What the service includes
- Mapping the estate and reviewing financial transactions
- Negotiating and drafting estate distribution agreements
- Applications to appoint an estate administrator
- Dissolving co-ownership of an inherited apartment
- Representation in the Family Court
When to contact us
- The heirs do not agree on how to divide the estate
- An apartment was inherited by several siblings
- There is a concern that money was withdrawn from the deceased's account
- You want to sign a proper distribution agreement
What to bring to the meeting
- The succession order or probate order
- The apartment's land registry extract
- The deceased's bank statements from the period before the death
- Correspondence between the heirs
Inheritance Disputes and Estate Distribution throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
My brother lives in the apartment we inherited and refuses to sell. What can we do?
Every co-owner of the apartment may demand dissolution of the co-ownership. Before proceedings, we check whether your brother can buy out the others, and whether he must pay the other co-owners a reasonable fee for the period he lived in the apartment alone.
What does an estate administrator do?
Gathers the estate's assets, pays the debts and divides the balance among the heirs according to the order. The administrator is appointed by the court and acts under its supervision.
Is an heir liable for the deceased's debts?
The debts are paid out of the estate. Under the Succession Law, the heirs are not liable for the estate's debts beyond the value of what they received from it.
