When a person dies in Israel, the fate of his assets and property are decided through probate or succession order. While drafting a will is a universal process and requires one to write down the shares of each family member (spouse, children, siblings, parents), the inheritance law of Israel applies when one did not leave a will behind. The rules of inheritance in Israel requires the state to pass down property and assets to the deceased’s family members through a probate order.
Inheritance in Israel is governed by Succession law. If the person lived in Israel, then the government is subject to gain jurisdiction over the deceased person’s property and distribute it to the heirs
Inheritance in Israel can happen through probate in 2 ways: by the state or by will (succession or probate order).
In this article, we will focus more on probate order and the key elements circling inheritance law in Israel. Before moving on to the procedure to obtain probate, you need to know that most of the courts inherit the property through probate order.
The fundamental principle of Inheritance in Israel
A person in Israel is free to distribute his property and assets as they wish to. The succession law of Israel is dependent on the deceased person’s will. It means that a valid will overrides all the stipulations of inheritance distribution by the Israeli state. A will is a legal binding document that applies to all the parties involved in inheritance matters.
In Israel, a person is allowed to draft one than one will. However, the latest (last) will, will override the previous will. If the last will is faulty by the inheritance law, then the second last drafted will will be considered.
Therefore, an Israeli resident needs to ensure that the will is carefully drafted and up to date. A will should always be drafted with professional help from an inheritance lawyer. If there are any changes in the will, concerning children, siblings, divorce or marriage, a person must inform his inheritance lawyer in Israel to make necessary changes.
The execution of will through a probate order
Any successor or heir willing to execute a will has to apply for and take a probate order that’s usually granted by a religious court in Israel. The probate order validates the authenticity and originality of the drafted will by a deceased person.
It also validates the will’s content and gives the legal status to the heir as a court judgment. If the will specify some part of all the properties and assets of the deceased person, the heir will only receive the property and assets mentioned in the will.
You can put in a request for the probate order through the registrar’s office. However, you will have to pay a levy to allow the objections to be made. Some people go one step further and publish it in one of the newspapers so that he can defend himself in the future.
What should you include when applying for a probate order?
While filing for a petition, your application must include the following documents:
- An application requesting for probate order verified by the inheritance lawyer, signed by the submitter and the notary.
- The original death certificate of the deceased person. If the deceased person was a foreigner, then the heir is required to submit an apostille.
- The original will and other related documents
- A proof that you have paid the government levy
- Notices to other heirs notifying them about the probate order
If you want your deceased loved one’s will to be executed, you must consult a professional inheritance lawyer in Israel. An experienced and well-versed lawyer is familiar with all the inheritance and real estate laws in Israel.