In short
What is the difference between an inheritance order and a probate order?
An inheritance order is issued when there is no will, and the estate is divided under the Succession Law, 5725-1965. A probate order is issued when there is a will, and it confirms the will. Both are requested from the Registrar of Inheritance, and without an order the estate's assets cannot be realized.
Drafting a Will
A will that is drafted and signed in accordance with the rules of the Succession Law, 5725-1965 reduces the chance that someone will object to it. The will sets out who will receive the apartment, how the savings will be divided and who will administer the estate.
Inheritance Law: Who Inherits When There Is No Will
When a person dies without a will, the estate is divided under the inheritance rules of the Succession Law, 5725-1965. Section 10 of the law lists the legal heirs: the spouse, the children and their descendants, the parents and their descendants, and the grandparents and their descendants. When there are a spouse and children, the spouse receives the movables of the joint household, such as furniture and the car, plus half of the rest of the estate, and the children share the other half equally. If a child died before the parent and left children, those children take the child's place and share that portion.
When there are no children, the division depends on the parents, the siblings and sometimes the length of the marriage, and cohabiting partners (yeduim batzibur) inherit from each other under the conditions of section 55 of the law. When one of the heirs lives in the apartment, when there are assets abroad, or when the heirs disagree on how to divide the estate, review the full picture before applying for a succession order.
Succession Orders and Probate Orders
When there is no will, you apply for a succession order, and the estate is divided according to the law. When there is a will, you apply for a probate order. The applications are filed with the Registrar of Inheritance Affairs, and without an order it is not possible to register the apartment in the heirs' names or to release funds from the bank. All the steps, the fee and the timeline are on succession and probate orders, and when an heir or the deceased lived abroad, on inheriting in Israel from abroad.
Objections to a Will and Agreements Between Heirs
An heir who believes that the will was forged, was made under undue influence or was signed when the testator did not understand what they were signing may file an objection to it. In many cases, it is preferable to reach a division agreement among the heirs, including selling an apartment or buying out the other heirs' shares.
What the service includes
- Drafting a will
- Succession orders and probate orders
- Objections to a will
- Division of estates and assets
When to contact us
- You want to make a will or update it
- A family member has died and you need to apply for an order
- There is a dispute between heirs
- An inherited apartment needs to be divided or sold
What to bring to the meeting
- The death certificate
- The will, if there is one
- Details of the heirs
- Details of the assets: apartment, bank accounts, vehicle
Wills and Inheritance 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
What is the difference between a succession order and a probate order?
A succession order (tzav yerusha) is requested when there is no will, and the estate is divided according to the law. A probate order (tzav kiyum tzava'a) is requested when there is a will, and the estate is divided according to the will.
Do I need a lawyer to write a will?
The law does not require one, but a will written without careful adherence to the rules is more exposed to objections. A lawyer also helps word the division so that it leaves no room for interpretation.
How long does it take to get a succession order?
When there is no objection, the Registrar of Inheritance Affairs usually issues the order within a few weeks to a few months after the application is published.
Who inherits when there is no will?
Under the Succession Law, 5725-1965, the legal heirs are the spouse, the children and their descendants, the parents and their descendants, and the grandparents and their descendants. With a spouse and children, the spouse receives the household movables, including the car, and half of the rest of the estate, and the children share the other half equally. When there are no children, the division depends on the parents, the siblings and sometimes the length of the marriage.
