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:

1. Succession Order – issued when the deceased passed away without a will. Israeli inheritance law determines the legal heirs and their shares.
2. 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

1. Gather Documents: Death certificate, ID/passport of the deceased, the will (if any), and proof of property ownership in Israel
2. Hire an Israeli inheritance lawyer: A lawyer experienced in probate in Israel and familiar with cross-border estates
3. Obtain a legal opinion: From an attorney in the country where the deceased lived
4. Submit Application: Your Israeli lawyer will apply to the Inheritance Registrar in Israel or the Family Court
5. 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.

הפוסט Inheritance in Israel for Non-Residents: How to Obtain a Succession Order or Probate Order הופיע לראשונה ב-רן עמרם עו"ד ונוטריון.

A civil lawsuit in Israel commences with the plaintiff filing a Statement of Claim with the appropriate court. This document outlines the plaintiff’s cause of action against the defendant. In most cases, the lawsuit is based on a monetary claim, where the plaintiff demands that the defendant pay a specific sum

2. Serving the Statement of Claim to the Defendant

After filing, the plaintiff is obligated to serve the Statement of Claim to the defendant. Until the defendant receives this document, they are not required to take any action, as they are unaware of the lawsuit’s existence.

3. Defendant’s Response: Filing the Statement of Defense

Once served, the defendant must file a Statement of Defense with the court within 60 days. Failure to do so may result in the court deeming the defendant to have admitted to the claims, allowing the plaintiff to obtain a judgment for the full amount sought.

4. Preliminary Proceedings: Scheduling a Hearing

After the Statement of Defense is filed, the case progresses. A hearing is scheduled before a judge, who sets a date for a preliminary hearing involving both parties.

5. Discovery Process: Document Disclosure and Interrogatories

During preliminary proceedings, the court typically orders both parties to disclose all relevant documents in their possession and to respond to questions posed by the opposing party.

6. Submission of Affidavits of Evidence-in-Chief

The judge will instruct the parties to submit Affidavits of Evidence-in-Chief, which are written testimonies of witnesses detailing the facts they have observed or heard.

7. Preliminary Hearing: Case Management and Settlement Efforts

A preliminary hearing is held, where the judge aims to streamline the case procedurally and encourages the parties to reach a settlement. If no settlement is achieved, the case proceeds to an evidentiary hearing.

8. Evidentiary Hearing: Witness Examination

During the evidentiary hearing, witnesses from each side are cross-examined based on their affidavits. The defendant’s attorney questions the plaintiff’s witnesses, and vice versa.

9. Closing Arguments: Submission of Summaries

Upon conclusion of the evidence stage, the judge directs the attorneys to submit written summaries. The plaintiff’s attorney submits their summary first, followed by the defendant’s attorney. These summaries encapsulate each party’s arguments, supported by the evidence presented during the trial, and include relevant legal references.

10. Court’s Decision: Issuance of Judgment

After reviewing the summaries, the court issues its judgment.

11. Appeals Process

After receiving the judgment, the losing party has the right to appeal the decision. In most cases, an appeal must be filed within 60 days from the date the judgment is rendered.

הפוסט Filing a Civil Lawsuit in Israel הופיע לראשונה ב-רן עמרם עו"ד ונוטריון.

Land registry extract

A significant portion of rights registered in respect of residential apartments in Israel are found at the Land Registry Office in the area in which the apartment is located. The registration of the apartment can be reviewed by obtaining a land registry extract of the apartment from the Land Registry Office. The extract specifies details relating to the apartment that are recorded in the Land Register.
The extract specifies the block, parcel and sub-parcel of the apartment. It states the size of the apartment at the time that the apartment was registered, the attachments to the apartment (such as a roof, storeroom, parking, etc.) and the share of the apartment in the apartment building.
The extract specifies the owners / holders of rights in the apartment, as well as the holders of other rights in the apartment (mortgage holder, easement holder, etc.) as well as various notes relating to the apartment, such as a caveat in favor of any third party or a lien imposed by a creditor, etc.

Sale agreement

According to Israeli law, a real estate transaction requires a written instrument. Therefore, the purchase of an apartment necessitates a written agreement between the parties to the transaction. The agreement needs to include a number of significant details to comply with the writing requirement. In order for the written document to be binding, it must contain, inter alia, the following details: names of the parties to the transaction, precise details of the apartment, transaction price, terms of payment, delivery date and, of course, the signature of the parties to indicate their consent to the agreement.
It is, of course, desirable to prepare a clear and detailed agreement containing most of the terms that are acceptable at the time of preparing the sale agreement.

Reporting to the land tax authority

Upon preparing the agreement for purchasing the apartment, the parties need to report to the land taxation authorities as soon as possible regarding the transaction, since the purchaser’s rights in the apartment cannot be registered without issuing tax approvals.
The accepted approvals consist of confirmation of payment of purchase tax and betterment tax.

Purchase tax

The purchaser is required to pay purchase tax when acquiring an apartment. The amount of tax varies according to the value of the apartment and the number of apartments owned by the purchaser. AN Israeli resident who acquires his first apartment shall be required to pay reduced purchase tax.

Betterment tax

A tax that is normally imposed on the seller of an apartment. There are a number of exemptions under law, which, in some cases, exempt the seller from the payment of betterment tax.

Registration

After choosing an apartment and signing the agreement, a caveat should be registered at the Land Registry Office regarding the purchaser’s rights in the apartment.
A caveat is a note registered on the seller’s rights in the apartment and constitutes a warning regarding the purchaser’s rights in the apartment. Any third party can easily learn of the purchaser’s rights in the apartment by reviewing the land extract of the apartment.
Reporting to the municipality/local authority regarding the transaction
When the transaction progresses towards registration of the purchasers as owners of the apartment, the execution of the sale transaction needs to be reported to the municipality / local authority since one of the documents required for registration of ownership in the name of the purchaser is a “municipality approval for the Land Registry Office”.
The “municipality approval for the Land Registry Office” is an approval issued by the municipality / local authority, in which the municipality confirms that it does not oppose the apartment being registered in the name of the purchaser. The municipality usually issues this approval only after all of the debts on the apartment have been paid to it and, in many cases, the municipality demands that also property tax is paid to it in advance.

Registering the apartment at the Land Registry Office

Upon receipt of all of the required approvals: confirmation of payment of purchase tax, confirmation of payment of betterment tax, and the municipality approval for the Land Registry Office, the apartment may be registered in the purchaser’s name.
The purchaser needs to provide the Land Registry Office with all of the said approvals, together with a bill of sale (number of copies).
The Land Registrar will review the transaction and the approvals and will then sign the bill of sale and thus approve execution of the transaction and registration of ownership in the name of the purchaser.

הפוסט What are the stages of purchasing an apartment in Israel הופיע לראשונה ב-רן עמרם עו"ד ונוטריון.