In Israel, the authority to issue inheritance orders and probate verdicts lies with the following entities:
- Registrar of Inheritance Affairs: This is the primary authority responsible for most inheritance matters. They handle uncontested cases where there is no dispute over the validity of the will or the identity of the heirs. The Registrar can issue an inheritance order that confirms the heirs and their shares in the estate.
- Family Courts: When there are disputes or complex issues related to inheritance, the matter goes to the family court. The court has the authority to:
- Validate or invalidate wills: Determine the authenticity and legality of a will.
- Resolve disputes among heirs: Adjudicate conflicts regarding the interpretation of the will or the heirs’ entitlement.
- Appoint administrators: Assign an administrator to manage the estate if necessary.
- Issue probate verdicts: Make final decisions regarding the distribution of assets and the rights of the heirs.
- Rabbinical Courts: In cases where the deceased and the heirs are Jewish, and the inheritance is governed by Jewish law, the rabbinical courts have jurisdiction. They apply Jewish law principles to determine inheritance matters.
The choice between the Registrar of Inheritance Affairs and the Family Court depends on the specific circumstances of the case:
- Uncontested cases: The Registrar of Inheritance Affairs is the appropriate authority for straightforward cases with no disputes.
- Contested cases: If disagreements over the will, the heirs, or the distribution of assets, the matter must be brought before the family court.
- Religious considerations: The rabbinical courts may have jurisdiction in cases involving Jewish law.
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