Inheritance in Israel when the testator dies abroad
What is the process by which heirs inherit property in Israel when the testator dies abroad?
Inheritance in Israel of property that was willed by a person residing outside Israel, is a two-stage process. First, the law of the country in which the testator resided must determine the rightful heirs. Next, the conclusion of the foreign law must be presented to, and accepted by, Israeli authorities.
None may know in advance their appointed time – all a person can do is arrange one’s affairs in advance by writing a legally binding will. In the unfortunate event of a person dying while abroad and some portion of their estate being located in Israel, said person’s will must be approved via probate proceedings both in the country where they died and vis-a-vis Israeli bureaucracy, i.e, the Israeli inheritance registrar. The Jerusalem and Tel Aviv law firm specializes in Israeli inheritance law. This article by attorney Joshua Pex will explain how to inherit the Israeli property of a person who died abroad.
The fundamental / legal and procedural aspects of inheritance in Israel from abroad
The inheritance of property in Israel when the testator died in another country is carried out in two stages. First, there’s the matter of determining “who is the legal heir”. Which country’s law is the basis for this judgement? Whichever country the testator was residing in / made their domicile at the time of their demise. We recommend this article for some pointers on how to determine where someone’s domicile / center of life is legally.
The law in the country of the testator’s residence is what we will refer to as the “substantive” law. I.e, this is the legal process that examines the circumstances or “substance” of the will or the inheritance, and determines who the heirs are. The second stage of the process is the “procedural” or the administrative one. The conclusions of the substantive law must be submitted to and approved by Israeli authorities. The Registrar of Inheritance is the relevant authority responsible for the execution of wills and inheritance in Israel.
The procedural stage of receiving inheritance in Israel – a how-to
First, contact an inheritance solicitor in Israel (an attorney outside Israel will find it difficult to work with Israeli officials). Sign a power of attorney so that the advocate can act on behalf of the heir(s). Transfer all the relevant documents detailing the substantive law conclusions to the advocate. These documents (the death certificate, will, probate order) must undergo a notarized translation into Hebrew. Most documents must also be authenticated by an apostille stamp or via legalization at the Israeli Embassy.
Second, the representative of the heir(s) in Israel submits the translated and verified documents to the Registrar of Inheritance. There is a fee associated with the submission which the heirs must pay. The Israeli solicitor will also help provide the opinion of a foreign law expert – an advocate who is familiar with the substantive law (the law of the country in which the person died). This opinion will help confirm the foreign documents are sound and correct.
Notice to the public at large – newspaper
Finally, a notice of the application for probate / inheritance order must be published in the public domain (in a widely circulated newspaper). A notice must also be mailed to all potential heirs, by virtue of the Inheritance Law. It should be emphasized that this requirement exists even if the substantive law already determined who the heirs are, and even if the deceased has no other potential heirs in Israel. There is a possibility of asking for an exemption from the requirement but this request is usually denied. The inheritance authorities prefer to be absolutely certain that the succession order is not disputed. After the publication and issuance of a probate order, the matter goes to the Family Court which (if there is no dispute over the will) approves the order almost automatically.
Only after completion of this process, the heir receives an order stating that they are the heir of the property in Israel.
Assistance of a lawyer in Israel in receiving the inheritance of a person who died abroad.
The Israeli bureaucracy is rigid, but it has its own logic. The goal of obtaining all the substantive documents is to ensure that they are in order, so as not to give the deceased’s estate to the wrongful heir. The inheritance advocates at our office will be happy to handle the entire process with the Israeli Registrar of Inheritance
Contact a lawyer in Israel – our law office in Tel Aviv and Jerusalem – for information and legal representation on inheritance issues.
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:מאמרים מומלצים