Applying for a Will When the Deceased Did Not Live in Israel

Israeli inheritance law has a specific procedure to follow when applying for a will probate order in the event that the deceased did not live in Israel at the time of their passing.  A will probate order makes a will legally valid and binding when the testator dies.  

deceased did not live in Israel

This Series of Posts

Our lawyers at Cohen, Decker, Pex & Brosh specialize in a variety of fields, including Israeli inheritance law.  This article is one in a series focusing on various aspects of Israeli inheritance law, based on the Hebrew instructions on the Ministry of Justice website under the Registrar of Inheritance Issues.  To read more, see our collection of articles on inheritance issues.  

Background Information

The person who applies for the probate order can be the heir specified in the will or any other person who is interested in ensuring that the will is legally valid and binding.  When the application is submitted, a notice will be published in the newspaper Reshumot, and others may have the option to submit objections to the probate order being granted.

What to Include with the Application When the Deceased Did Not Live in Israel

In order to obtain a will probate order when the testator’s residence was not in Israel, make sure to include all of the following:

  1. Two supporting documents proving payment of the required fees.  It is possible to pay through the internet payment services or through bank vouchers that have been paid in a postal bank – according to the prescribed rates in the regulations. (We provide information about the payments and links to the payment site in the linked articles.)
  2. An application for a will probate order, filled out as prescribed, signed by the applicant as a declarant and notarized by a lawyer, notary, judge, religious judge, or the head of the local authority.
  3. An original death certificate or a faithful copy of the original.
  4. An original will.  In the event that the original will is absent, the applicant must simultaneously submit the will probate order application alongside an application to approve submitting a copy of the will along with reasons as to why the original is not being submitted.  Additionally, the fee prescribed in the regulations must also be submitted.
  5. Notices to all heirs and confirmation that the notice was sent via registered mail or a written confirmation signed by heirs that they are aware of the application’s submission.
  6. If the applicant is represented by an attorney, an original power of attorney or a faithful copy of the original.  
  7. An abstract of the land registration title that testifies that an account exists in the name of the deceased or certification that a bank account exists in the name of the deceased within the area of jurisdiction of the registrar to whom the application is submitted.
  8. Any foreign document, including an original death certificate, that includes the seal of the Israeli consul or an apostille seal in the state in which it was issued.
  9. A notarized translation into Hebrew of every document that is in a foreign language (not including English or Arabic).
  10. An expert opinion regarding the foreign law in the place where the deceased resided at their death.

The application and accompanying documents must be submitted in four complete sets: the original and three photocopies.  Applications sent by registered mail will be given precedence over an application submitted at the Ministry of Justice reception desk.

Contact Us

If you have questions about applying for a will probate order when the deceased did not live in Israel or anything else related to inheritance, please contact us.  

Advocate Michael Decker specializes in Israeli inheritance law and would be happy to discuss this issue with you.

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