When a person dies in Israel without a will, the family must obtain a Legal Heir Certificate, known in Hebrew as an Ishur Yerusha. This certificate is the official document that verifies the legal heirs under Israeli inheritance law. Without it, no institution in Israel will release assets, transfer property, or provide any information about the estate, whether the deceased owned real estate, bank accounts, pension funds, or any financial rights. The Ishur Yerusha is the essential first step in unlocking the estate.
For many families, especially those living abroad, the process may seem unfamiliar. The application is submitted in Hebrew, the forms follow specific requirements, and the authorities expect precise documentation. Heirs residing outside Israel should be aware of additional steps, such as obtaining apostilled foreign documents and certified translations, to ensure their applications are accepted without delay.
However, obtaining an Ishur Yerusha can be a manageable process when approached step by step. With proper guidance, gathering the correct documents, submitting a formal request, and following the procedures set by the Registrar of Inheritance Affairs can be straightforward, giving families confidence in navigating the process.
What Is a Legal Heir Certificate?
A Legal Heir Certificate (Ishur Yerusha) is an official document that establishes who is entitled to inherit the estate of a deceased person without a will. It is issued by the Registrar of Inheritance Affairs or, in certain situations, by the Family Court. This certificate lists the heirs’ names and their respective shares in the estate under Israeli inheritance law.
This document is required for:
- Transferring ownership of real estate
- Accessing bank accounts or investments
- Claiming pension or insurance rights
- Releasing funds held by the Administrator General
- Handling any financial or administrative matter related to the estate
Without the Ishur Yerusha, heirs cannot take any legal action involving the deceased’s property. It is the foundation of every inheritance case without a will.
Why an Ishur Yerusha Is Necessary
In Israel, no institution can recognize someone as an heir without an official order. Even if the family relationship is obvious, legal proof is required. This ensures that estates are handled fairly and that only legitimate heirs receive their rightful share of the assets under the Ishur Yerusha law.
Institutions that require this certificate include:
- Banks and financial institutions
- Pension and insurance companies
- The Israel Land Registry (Tabu)
- The Israel Land Authority
- Government compensation funds
- The Administrator General
By presenting the certificate, heirs prove their legal entitlement and gain the authority to make financial or property-related decisions.
Who Is Considered a Legal Heir Under Israeli Law?
Before applying for an Ishur Yerusha, it is essential to understand how Israeli law determines who inherits an estate when there is no will. The law follows a clear hierarchy that reflects the closest family relationships. This hierarchy guides the Registrar when issuing the certificate.
According to Israeli inheritance law, legal heirs include:
- Spouse – Always entitled to a share of the estate.
- Children – Share the remaining estate equally.
- Parents – Inherit if there is no spouse or children.
- Siblings – Inherit when closer relatives are not present.
- Extended relatives such as uncles, aunts, and cousins, if no immediate family exists.
The certificate reflects this hierarchy unless the family submits evidence of a will. If a will exists, the heirs must apply for a probate order instead of an Ishur Yerusha. For all intestate cases, the Legal Heir Certificate is the correct document.
Step 1: Gather Necessary Information About the Deceased
The first step in obtaining an Ishur Yerusha is to collect all essential information about the deceased. This information will be required for the application forms, affidavits, and documentation submitted to the Registrar.
The most important details of the necessary information include:
- Full name of the deceased, including Hebrew and English variations;
- Israeli identification number (Teudat Zehut), if available.;
- Date and place of birth;
- Date of death and country where the death occurred;
- Marital status at the time of death;
- Names of immediate family members who may be heirs.
Even if the heirs do not have complete information, especially in older cases, partial details can still be used to begin the application. Missing information or documents can often be resolved during the review process, and heirs should be prepared to provide additional evidence or affidavits if required. This guidance aims to reduce uncertainty and encourage heirs to start the process with confidence.
Step 2: Obtain the Death Certificate
A death certificate is the foundational document for any inheritance application. If the person died in Israel, the death certificate is issued by the Ministry of Interior and is already in the correct format. If the person died outside Israel, heirs must obtain an official death certificate from the country of death and ensure it meets Israeli legal requirements.
For foreign death certificates, this includes:
- Apostille certification confirming authenticity.
- Official Hebrew translation performed by a certified translator.
- Consistency of personal details to prevent administrative delays.
Heirs should verify that the name, date, and identifying details match other documents. In cases of name changes or spelling differences, supplementary affidavits may be required.
Step 3: Identify All Legal Heirs
Because the Ishur Yerusha identifies the heirs, it is crucial to determine who may be legally entitled to the estate. This step prevents disputes and ensures the certificate is accurate. All potential heirs must be named in the application, even if they do not intend to claim their share.
Heirs should take the time to identify:
- Surviving spouse of the deceased
- Children, including those living abroad
- Parents if relevant
- Siblings or other relatives for estates without direct heirs
If an heir predeceased the owner, their children may inherit their share. This is known as inheritance by representation. Clarifying these family relationships early makes the application smoother.
Step 4: Collect the Necessary Supporting Documents
The Registrar requires specific documents to confirm relationships between the deceased and the heirs. These documents verify identity, family connections, and the accuracy of the information submitted. Missing documents can delay issuance of the certificate; it is best to prepare them in advance.
Standard supporting documents include:
- Birth certificates of the heirs;
- Marriage certificate of the deceased, if applicable;
- Identification documents for each heir;
- Proof of name changes, such as immigration papers or notarized declarations;
- Death certificates of any heirs who have passed away.
All foreign documents must be apostilled and translated into Hebrew. However, the Registrar typically accepts copies during the application stage and requests originals only when necessary.
Step 5: Prepare the Affidavits Required for the Application
The application for an Ishur Yerusha requires affidavits from one or more heirs. These affidavits formally confirm the family relationships, the accuracy of the information, and the absence of a will. The affidavits must be signed before an Israeli notary, a consulate official, or a foreign notary with apostille certification.
The affidavit usually includes:
- A declaration that the deceased did not leave a will;
- A list of all heirs and their relationship to the deceased;
- Confirmation that the information provided is accurate;
- Any additional clarifications requested by the Registrar.
This step is crucial because the Registrar relies heavily on these sworn statements to issue the certificate.
Step 6: Complete the Official Application Forms
Once the affidavits and supporting documents are prepared, the next step is completing the official application forms. The Registrar of Inheritance Affairs issues these forms, which must be completed accurately in Hebrew. Each form is designed to capture essential details about the deceased, the heirs, and the nature of the application. Errors or omissions can delay the process, so this stage must be handled carefully.
The application forms typically include:
- Personal information about the deceased;
- Names and identification numbers of all heirs;
- Declaration of no will (for succession applications);
- Contact details for the applicant or legal representative;
- List of submitted documents accompanying the application.
If an Israeli lawyer represents heirs, the forms also include a signed power of attorney authorizing the attorney to act on their behalf. This allows the attorney to receive notices, respond to requests, and complete the process without requiring the heirs to travel to Israel.
Step 7: Submit the Application to the Registrar of Inheritance Affairs
After completing the forms, the application is submitted to the district Registrar where the deceased last lived. The package usually includes the application forms, affidavits, notarized documents, and all required identification papers. Government fees must also be paid at this stage.
Submission can occur in several ways:
- Online submission through the Registrar’s electronic system (for Israeli attorneys);
- Submission by mail to the appropriate district office;
- In-person submission is required for exceptional cases.
Once the Registrar receives the application, a file is opened, and the review process officially begins. The applicant or represented attorney will receive confirmation that the case is now under review.
Step 8: Notify All Heirs and Relevant Parties
Israeli law requires that all potential heirs be notified of the application. This ensures fairness and allows each heir to review the details, provide additional information, or raise objections if applicable. The notification process is a standard part of the inheritance system and must be completed before a Legal Heir Certificate is issued.
Notifications may include:
- Sending written notices to all identified heirs;
- Publishing a public notice in the official online database;
- Providing proof that the notification has been attempted.
If an heir’s whereabouts are unknown, the Registrar may require additional steps, such as efforts to locate the person or statements confirming attempts to contact them. If no objections are raised within the specified period, the case proceeds to the next stage.
Step 9: The Registrar Reviews the Application
The Registrar reviews the entire application to ensure that all necessary documents are included, all heirs have been identified, and all legal procedures have been followed. During this review, the Registrar may request additional documentation, clarification, or corrections. This is common when the deceased lived abroad, changed their name, or passed away many years ago.
The Registrar may request:
- Additional identification documents;
- Supplementary affidavits;
- Clarification of name differences;
- Documents confirming family relationships;
- Proof that notifications were appropriately completed.
Once the Registrar is satisfied that the application is complete and accurate, the case proceeds to approval. Processing times vary depending on workload and complexity, but most cases progress steadily once all requirements are met.
Step 10: Issuance of the Legal Heir Certificate (Ishur Yerusha)
When the Registrar completes the review and no objections remain, the Legal Heir Certificate is issued. This certificate becomes the authoritative document for all future actions related to the estate. It lists the names of all heirs and specifies their share in the inheritance.
After issuance:
- The certificate is sent to the applicant or attorney
- Certified copies can be requested for use at various institutions
- The heirs may begin handling property or financial assets
All government offices, financial institutions, and property registries accept the Ishur Yerusha. Once issued, it serves as permanent proof of entitlement unless superseded by a legal ruling or special court order.
Step 11: Using the Certificate to Access Property and Assets
With the Ishur Yerusha in hand, heirs can contact any institution holding assets in the deceased’s name. This certificate is the key that unlocks the estate. Each institution has its own procedures for verifying and releasing assets, but all require a legally issued Heir Certificate before taking any action.
Heirs may use the certificate to:
- Transfer real estate into their names in the Israel Land Registry
- Access bank accounts and release funds
- Redeem investments in mutual funds or shares
- Claim pensions or severance payments due to the estate
- Receive insurance payouts when no beneficiary was listed
- Request the release of assets held by the Administrator General
In real estate cases, heirs may choose to keep the property, rent it, transfer it to family members, or sell it. The Ishur Yerusha is required for every step of the process.
Step 12: Resolving Complex Cases or Missing Documents
Some inheritance cases involve complexities that require additional work. Families may struggle with missing documents, unclear family relationships, or name changes that occurred during immigration. The Registrar often requires clarification or supplementary evidence in such cases, but nearly all issues can be resolved with proper documentation and guidance.
Common challenges include:
- Discrepancies in Hebrew and English spellings of names
- Unregistered marriages requiring declarations
- Missing birth certificates for heirs born abroad
- Foreign death certificates needing apostille and translation
- Multiple heirs living in different countries require coordinated signatures
While these issues can delay the process, they rarely prevent issuance of the certificate. With proper preparation and professional assistance, even older or complicated estates can be processed successfully.
How Aharoni Law Firm Assists with Obtaining an Ishur Yerusha
Aharoni Law Firm works with families worldwide to obtain Legal Heir Certificates and manage inheritance processes in Israel. For heirs unfamiliar with Israeli procedures, the firm provides step-by-step guidance and ensures compliance with the legal and administrative requirements.
The firm assists with:
- Preparing and submitting the Ishur Yerusha application
- Translating and apostilling foreign documents
- Locating additional records when information is incomplete
- Communicating with the Registrar of Inheritance Affairs
- Responding to requests for clarification or additional evidence
- Using the certificate to release property, funds, or other assets
With a notarized and apostilled power of attorney, heirs can complete the entire process without traveling to Israel. The firm ensures accuracy, prevents delays, and helps families gain access to their rightful inheritance.
שאלות נפוצות
How long does it take to obtain a Legal Heir Certificate?
Processing times vary, but most applications take several weeks to a few months, depending on complexity and workload.
Can heirs living abroad apply for an Ishur Yerusha?
Yes. Heirs abroad can grant a power of attorney to an Israeli lawyer who handles the entire process.
What if a will is discovered later?
If a will surfaces after the Ishur Yerusha is issued, the estate may require a new legal order to reflect the will’s instructions.
Is an Ishur Yerusha needed if the estate has no property?
Yes. The certificate is required whenever an heir must prove entitlement, even for small or simple estates.
What if one heir refuses to cooperate?
The Registrar may still issue the certificate if legal requirements are met, but disputes may require additional legal procedures.
Contact Our Israeli Law Firm Today
If you need assistance obtaining a Legal Heir Certificate (Ishur Yerusha) in Israel, our Founder and Israeli Lawyer, Rahav D. Aharoni Adv., can guide you through every step. Please call us at 888-923-0022 or fill out our online form for a complimentary consultation.
