How to Solve the Israeli Probate Process
In the US, it may be possible to avoid the probate process if you create a trust while you are still alive. But in Israel, there is no way to legally transfer inherited property to an heir without going through the Israeli probate process (See more details about the Israeli probate process here) and you may need to provide a foreign legal opinion of Israeli probate.
What if a person passed on outside of Israel?
If an individual passes on outside of the State of Israel, and he or she left Israeli financial assets or property in Israel to their heirs, Israeli law requires that a foreign legal opinion must be submitted to family court.
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 to the Israeli court a legal opinion stating that California law are not colliding 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. This legal opinion will have to include any relevant statutes as well as the most recent California precedents.
Please Note: This US or foreign legal opinion must be prepared by an objective expert acceptable to the Israeli family probate court, and must refer to the foreign law and the Israeli inheritance law to co-exist.
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Israeli Probate
Foreign Legal Opinion of Israeli Probate
US Legal Opinion of Israeli Probate
