After the passing of a loved one, alongside the emotional burden comes a bureaucratic one: banks, the Land Registry and pension funds will transfer nothing to the heirs without an official order. Two orders serve this purpose in Israel — the inheritance order and the probate order — and confusion between them is common. Here is the process, step by step, including what heirs living abroad should know.
The difference in one line
An inheritance order (tzav yerusha) is issued when the deceased left no will — it determines who the heirs are and each one's share, under the Succession Law. A probate order (tzav kiyum tzava'a) is issued when there is a will — it gives the will binding legal effect. Without one of them, the estate cannot practically be realized: no funds released, no apartment registered, no rights redeemed.
Where to apply
The application is filed with the Registrar of Inheritance Affairs for the relevant district (for Jerusalem residents — the Jerusalem district), today mostly online. Where a dispute arises — for example an objection to the will — the case moves to the Family Court for decision.
Who may apply
Anyone with an interest in the estate: an heir by law, a beneficiary under the will, an estate administrator, even a creditor. In practice, one heir usually files on behalf of all — through an attorney who manages the process end to end. Heirs living abroad can be represented by power of attorney, with signatures arranged where they live (sometimes with notarization and an apostille) — a routine matter for our office.
The documents you will need
- Death certificate
- For probate: the original will (not a copy — the original is critical)
- Details and IDs of the heirs / beneficiaries
- Proof that notices of the application were delivered to the heirs / beneficiaries
- Payment of the online fees
Complex scenarios — an heir who has passed away, heirs abroad, a lost older will, foreign documents needing translation — require additional paperwork. This is where professional handling saves exhausting rounds of completions with the Registrar; note that foreign-language documents typically need a notarized translation.
What happens after filing
-
Publication and a waiting period
Notice of the application is published officially, allowing any interested party to respond.
-
The Administrator General's position
A copy goes to the state's representative, who may comment or intervene.
-
The order is granted
Absent objections — the Registrar signs the order, today issued digitally.
Processing time varies with workload and the completeness of the file — a tidy, complete application moves significantly faster.
And if someone objects?
Any interested party may file an objection within the set period. Common grounds: a formal defect in the will, alleged undue influence, the testator's incapacity, or a later will. An objection moves the case to the Family Court — a longer and considerably more expensive proceeding. Which is, incidentally, one of the best reasons to make a meticulous will in the first place: a good will removes most grounds for objection.
Good to know: the orders determine who inherits — not what is in the estate. Locating assets, settling debts and the actual distribution are a separate stage, where distribution agreements between heirs help — a tool that can also save taxes.
Common mistakes that delay the order
- A photocopy instead of the original will. The Registrar requires the original; having only a copy triggers a separate, more complex procedure.
- Notices not properly delivered. Every heir or beneficiary is entitled to know of the application — missing delivery confirmations are the most common completion demand.
- Mismatched details. A name spelled differently on the ID, in the will and in the application invites clarification rounds.
- Foreign documents without certified translation. A death certificate or power of attorney from abroad needs a notarized translation — and often an apostille from the country of origin.
After the order: realization
Order in hand, each institution is approached separately: banks release funds, insurers and pension funds redeem rights (subject to registered beneficiaries), and the apartment is registered in the heirs' names at the Land Registry. If the heirs intend to sell inherited real estate — plan the sequence in advance, including its tax aspects. Handling inherited property transfers is part of our routine real estate work.
Disclaimer: this article provides general information only, does not constitute legal advice and is no substitute for personal counsel based on the circumstances of your case.
Need to settle a loved one's estate?
We will guide you with sensitivity and efficiency — from filing the application to registering the assets in the heirs' names, including heirs living abroad.