Probate or Administration of any estate in Israel can take anywhere from four months to six months. In some cases, it can take longer, depending on the nature of the case. The exact time frame depends on several factors, including:

• If the deceased did not leave a will, completing the estate is usually fast and simple.
• The presence of a foreign trust, amendments, or codicils may prolong the process.
• Having the original will is the best. Having a copy is also acceptable, but a special motion will need to be filed in the absence if the original.
• The inventory of the estate: estates with significant assets will naturally take longer to finalize.
• The presence of a clear will without errors, typos, omissions, lack of identification or Social Security number, etc. can hold things up;
• Court’s schedule/backlog: The court system’s workload can impact how quickly an estate inheritance case gets addressed, especially since Israel has many holidays.
• Objection or contesting an estate among heirs: Any dispute between beneficiaries can lead to litigation in Israeli family court.

How Long Does It Take For A Probate In Israel?

In most estates, we complete the probate very quickly. If a deceased person passes away in Israel, the estate can usually be finalized in approximately two or three months. If the deceased passed away outside of Israel, you can expect the process to take 4-6 months, but it wouldn’t be uncommon for it to take longer. We strive to keep the process simple and expedite it as much as possible. Please feel free to reach out to us over the phone or submit our online form so we can answer all your questions.

Is The U.S. Or Any Foreign Will Valid In Israel?

The answer is yes. An American will or any foreign will can be valid and executed in Israel. The will must first be translated into Hebrew by a certified translator, but rest assured, your foreign will is recognized in Israel.

What about a U.S. trust from any American state?

The US trust provisions need to be fulfilled according to the last wish of the testator. In many cases, the U.S. trust is used as an instrument by the testator to bypass any possible estate tax in the US and/or to bypass a probate.

In Israel, we do not have an estate, death, inheritance, or succession tax, and probate cannot be bypassed in the state of Israel.

We keep it simple, and we speed up the probate process.

How To Successfully Complete A Probate In Israel?

Upon an individual’s death – whether in Israel or outside of Israel – the fate of their property must be decided through a probate process. Inheritance is the universal practice of passing on property, rights, obligations, and debts to heirs.  Although the practice appears in some form in all cultures, the rules of inheritance in Israel are subject to the jurisdiction where the deceased died or owned property at the time of their death in Israel.

The Succession Law of 1965 in Israel (‘Succession Law’) governs inheritance in Israel. Furthermore, the Israeli courts gain jurisdiction over the estate of any person who, at the time of his or her death, was a resident of Israel OR who left ANY property in Israel. Inheritance in Israel may occur through a probate process in one of two ways: by will or by law – called “intestate” where there is no will.

The fundamental principle of inheritance is that people are free to distribute their property as they see fit. A will expresses a person’s wishes regarding their affairs upon their death. Therefore, Israeli Succession Law is contingent upon the existence of a will. A valid will overrides the default stipulations of the law regarding the identity of the heirs and the distribution of the estate. It is a binding legal document incumbent on all parties.

In Israel, a will is not subject to obsolescence, and there is no limit to the number of wills a person may create. However, it must be stipulated that the final will (chronologically) is the deciding one (in most cases) and will override any former, older wills – unless the ‘new will’ is faulty to the point of unlawfulness as decided by a family court in Israel.

When an heir or trustee wishes to execute a will in Israel, they must present it through a probate court order granted by the Israeli Inheritance Registrar and Family Court. This order validates the wish of the testator and has the same binding legal status as any court judgment or decree, as stipulated in the will or trust.

The presentation of a petition for a Probate Court order is publicized in a local newspaper to allow for any objections to the will to be made by possible creditors.

A separate filing fee must be paid to the Israel Inheritance Registrar.

A Petition For An Israeli Probate Court Order Must Include The Following Checklist:

There are Two Filing fees – one for the petition and one for the publication.

Proof of payment of the government levy is required upon submitting a petition. This is done quickly online. As of 2024, the fee is NIS 721 for both.

A Probate Court Order Petition

A Probate Court Order petition must be signed by the petitioner and verified by your attorney.

An Original Death Certificate with an Apostille from the state of the testator (if passed away outside Israel).

An original death certificate must accompany the petition. If the deceased passed away in a foreign country, an Apostille is needed.

The death certificate does not need to be translated; it is only attached with an Apostille from the specific state in which it was issued.

The Original Will

The original must be physically submitted at the time of filing the petition. If there is no original will, a motion explaining why the original was not submitted must be submitted, as well as proof of payment of the government levy for the specific motion.

In any estate of a foreign deceased, a Foreign Legal Opinion (FLO) on the Domicile Law of the Testator is mandatory. This opinion simplifies the details of foreign law, specifically the domicile law of the deceased, for the Israeli judge, ensuring a smooth probate process.

In most estates and jurisdictions, the domicile law does not conflict with the Israeli Succession law. However, in some estates, there is a conflict, in which case an FLO needs to be submitted to simplify the details of foreign law, aka the domicile law of the deceased, for the Israeli judge.

In some states in the US, the distribution of the funds is different from Israeli Inheritance law; therefore, the Israeli court needs to adapt to the domicile of the testator regardless of whether a will exists or not.

The Law Requires Notice of Service to All Heirs.

Notices of service must be made to all heirs, notifying them of the Probate Order petition. Confirmation of the filing must be made by registered mail and must be filed with the court. An affidavit by your attorney can be substituted for the registered mail.

An heir who seeks to execute a probate or Administration online will have to do so by an attorney. After the submission, the attorney will have to provide within seven days a hard copy of the original will and the approval of the online petition to the Inheritance Registrar Bureau.

If the deceased’s residence was not in Israel, alongside the aforementioned documents, the petition must include additional documents, including proof of the existence of assets (such as the proof of ownership from a Land Registrar, etc.).

We Keep It Simple And Fast By Saving You Precious Time In Finalizing The Probate Process In Israel.

We represent international clients from the United States, Canada, the UK, Europe, and Israel. We have an excellent track record with many satisfied clients. We maintain offices in Israel and three locations in the United States (Florida, New York, and Los Angeles). To contact us from the U.S., please call 888-923-0022. Our head office in Tel Aviv, Israel, can be reached at (972) 3.9055478 or (972) 50.7322688. Please feel free to call us to schedule a complimentary consultation, and we will demonstrate how we can expedite the process.

לסיכום:

• The probate process in Israel can vary in duration but is typically completed within 4-6 months.

• Foreign wills, including those from the U.S., are recognized in Israel if translated into Hebrew.

• The Israeli legal system has provisions for handling estates with foreign assets and trusts.

• The Succession Law of 1965 governs inheritance matters in Israel, and the presence of a valid will is crucial in determining the distribution of assets.

• The probate process in Israel involves obtaining a Probate Court Order and notifying all heirs.

• Working with an Israeli lawyer is recommended to navigate the complexities of the probate process in Israel.