If you are living outside of Israel but need to deal with a property, bank account, or other asset located in Israel following the death of a loved one, you will likely need to obtain a Succession Order (if there is no will) or a Probate Order (if there is a will). These legal documents are required under Israeli inheritance law in order to transfer assets to heirs. This article explains how inheritance in Israel works, especially in cases where the deceased was not a resident of Israel.
How Does Inheritance Work in Israel?
Inheritance laws in Israel are governed by the Israeli Inheritance Law, 1965, and are applied to both citizens and non-citizens if the estate includes assets located in Israel. The Inheritance Registrar in Israel or the Family Court is responsible for handling such cases.
There are two main legal routes:
- Succession Order – issued when the deceased passed away without a will. Israeli inheritance law determines the legal heirs and their shares.
- Probate Order – issued when the deceased left a valid will. This order confirms the will and gives authority to the executor to manage the estate.
Unlike many other countries, there is no inheritance tax in Israel. This makes inheriting assets in Israel relatively straightforward, but the legal and administrative process still requires proper attention.
What If the Deceased Was Not a Resident of Israel?
If the deceased (also known as the decedent) did not reside in Israel but owned property in Israel, bank accounts, or other assets, Israeli authorities still have jurisdiction over those assets. In such cases, Israeli law requires the court to take into account the law of the country where the deceased had their domicile.
“Domicile” refers to the place where the deceased permanently lived. It is not necessarily the same as citizenship. For example, someone who lived in the U.S. but held Israeli citizenship would still be considered domiciled in the U.S. for these purposes.
Legal Opinion Requirement
If the deceased was domiciled outside of Israel, the probate process in Israel or application for a succession order must include a legal opinion—an expert affidavit—about the inheritance laws of the deceased’s country of domicile.
This document must address:
- Who the legal heirs are according to that country’s laws
- Whether the will (if any) is valid
- What inheritance rules apply
This legal opinion must come from a licensed attorney or legal expert in that jurisdiction, and often must be translated, notarized, or apostilled.
Key Steps in the Probate Procedure in Israel
- Gather Documents: Death certificate, ID/passport of the deceased, the will (if any), and proof of property ownership in Israel
- Hire an Israeli inheritance lawyer: A lawyer experienced in probate in Israel and familiar with cross-border estates
- Obtain a legal opinion: From an attorney in the country where the deceased lived
- Submit Application: Your Israeli lawyer will apply to the Inheritance Registrar in Israel or the Family Court
- Wait for Decision: The process can take weeks to several months
Locating and Selling Inherited Property in Israel
If you’re locating inherited property in Israel or looking into selling inherited property in Israel, a lawyer can help identify and transfer ownership of real estate or other assets. You may need to update land registry records or financial institutions.
Common Questions About Inheritance Law in Israel
- How to inherit a property in Israel? You’ll need to obtain either a probate or succession order and update the land registry accordingly.
- Does Israel have inheritance tax? No, but legal and registration fees may apply.
- How long does probate take in Israel? It varies, but generally between 3 to 6 months.
- Can I contest a probate in Israel? Yes, but there must be valid legal grounds.
Why Legal Advice Is Essential
Handling inheritance law in Israel, particularly for international heirs, is complex. Issues such as probate procedure in Israel, domicile, foreign wills, and cross-border laws can cause delays or mistakes if not handled properly.
At Ran Amram – Law Office, we specialize in Israeli inheritance law and the probate process in Israel. With years of experience, we’ve successfully represented clients around the globe, guiding them through how to inherit in Israel, execute wills, transfer property, and resolve inheritance disputes in Israel. Our team is trusted by many satisfied clients and we provide tailored solutions for even the most complex cases.
Whether you’re looking to navigate the Israeli inheritance registrar, inheritance tax questions, or how to probate a will in Israel, we’re here to help.
Contact Ran Amram – Law Office today for clear, professional legal advice on your inheritance matter.
