Wills and inheritance

Discuss wills and inheritance with Haim Shamli, Advocate and Notary in Rishon LeZion. Meetings by appointment.

Inheritance order or probate order in Israel: what is the difference?

An inheritance order (tzav yerusha) is issued when there is no will and names the legal heirs and their shares. A probate order (tzav kiyum tzava'a) is issued when there is a will and declares it valid; rights under a will cannot be claimed without it. If a will covers only part of the estate, a probate order covers that part and an inheritance order the rest (Succession Law, 5725-1965, sections 39, 66 and 69, Hebrew(opens in a new tab)).

How do you apply for an inheritance order in Israel?

Both orders are requested from the Registrar of Inheritance Affairs(opens in a new tab), online or, in some cases, on paper (Ministry of Justice(opens in a new tab)). Its online system also shows the status of filed applications.

Notarial, witnessed or authority will: what is the difference?

The law recognizes four forms of will: handwritten, witnessed, before an authority and oral (section 18). A witnessed will is signed before two witnesses after the testator declares it to be their will, and they sign on the same occasion (section 20). A will before an authority is stated or handed in personally to an official such as a judge; since a notary counts as a judge here, a notarial will is a will before an authority (section 22, Hebrew(opens in a new tab)).

How long does an inheritance order take?

It depends on the file. The Registrar publishes notice and allows at least two weeks for objections (section 67). An objection, or another case listed in section 67A, moves the file to the Family Court. Missing documents go through the Registrar's online system(opens in a new tab).

What should heirs living abroad know?

Israeli courts can hear the estate of anyone whose center of life was in Israel at death or who left property there (sections 135 and 136). If the deceased had an Israeli ID and died abroad, the death must first be updated in the Population Registry, and the heirs must be notified (Ministry of Justice(opens in a new tab)). The Registrar's online system(opens in a new tab) issues order copies with an electronic signature or apostille and offers alerts on applications about a named person.

Is there inheritance tax in Israel?

A February 2022 Knesset Research and Information Center review(opens in a new tab) (Hebrew) states that Israel has no inheritance or estate tax; the estate tax in force from 1949 was abolished in 1981. Inheritance is not a sale under the Real Estate Taxation Law (section 4), but the heir's later sale may incur betterment tax (mas shevach), subject to exemptions (Kol Zchut, Hebrew(opens in a new tab)).

Official sources: Registrar Online(opens in a new tab), inheritance order service(opens in a new tab), probate order service(opens in a new tab), Knesset review(opens in a new tab).

Discuss your needs

You can contact Haim about planning a will, an inheritance question or existing documents you would like reviewed. The first conversation establishes your question, which documents already exist and what needs checking before deciding on the next steps.

Wills and inheritance are among Haim Shamli's main areas of work. He works in Hebrew, Russian, English and Georgian. Choose an initial call time on the website or contact him by phone or WhatsApp.

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• Real estate
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