In the US, it may be possible to avoid the probate process if you create a trust while you are still alive. However, the process is notably different in Israel and can be pretty complex. You must navigate the Israeli probate process to transfer inherited property to an heir legally. The probate process may also require you to provide a foreign legal opinion of Israeli probate, underscoring the intricacy of the procedure.
What if a Person Passed on Outside of Israel?
If an individual passes on outside of the State of Israel and leaves Israeli financial assets or property to their heirs, Israeli law mandates that a foreign legal opinion be submitted to the family court. This opinion, a crucial step in the process, is typically obtained by engaging a legal expert in the country where the deceased resided, who will review the relevant laws and precedents and provide an opinion on their compatibility with Israeli inheritance law.
As an example, if a California resident who owned an apartment in Tel Aviv passes away and leaves the apartment to his/her heirs, it will be necessary to provide the Israeli court with a legal opinion. This opinion should state that California law does not conflict with Israeli inheritance law and that Israeli inheritance law will apply to the probate and transfer of Israeli real estate owned by the CA resident. The legal opinion should include relevant statutes and the most recent California precedents.
It is crucial to note that a US or foreign legal opinion prepared by an objective expert acceptable to the Israeli family probate court is required. This opinion must demonstrate the coexistence of foreign law and Israeli inheritance law.
Contact Aharoni Law Firm For A Free Consultation
Our extensive experience in handling international probate cases and our deep understanding of Israeli legal and business matters make us the ideal partner for you. We are conveniently located in Tel Aviv, with additional offices in New York and Los Angeles, California. We invite you to schedule a complimentary consultation with our firm to learn how we can best serve your needs.
To learn more about how we can assist you with your Israeli legal and business needs, we invite you to schedule a complimentary consultation.
