With a profound understanding of Israeli inheritance and succession laws, Aharoni Law Firm adeptly handles all related aspects for clients worldwide. Our highly experienced Israeli attorneys are well-versed in the intricate details of Israeli probate requirements, succession statutes, inheritance taxes (if any), and related estate matters of Israeli jurisprudence.
At Aharoni Law Firm, we understand that each client’s needs are unique. Whether it’s basic needs or complex inheritance cases involving business interests, real estate, or other specialized assets, our cardinal priority is to provide personalized service tailored to you. We are prepared to handle everything for you, ensuring you feel valued, understood, and not burdened.
Inheritance Laws in Israel
Inheritance law in Israel is governed by the Succession Law of 1965, which establishes clear rules and procedures for distributing the estate of a deceased individual. Unlike many countries, Israel does not have inheritance, estate, or succession tax, potentially relieving beneficiaries of a significant financial burden and providing a sense of financial security.
Despite this, heirs or even sellers who did not inherit properties and own property in their country may be required to pay a higher capital gains tax on property inherited in Israel, regardless of their citizenship or residency status. We have an excellent track record of minimizing capital gains tax to a very low rate.
How Israeli Inheritance Works
Israeli inheritance is remarkably predictable. The intestate succession rules, which determine who inherits when a person passes away without a will, are established under Israeli Succession Law. Inheritance occurs either through a legally valid will or if no will exists. Israeli inheritance law determines inheritance based on familial relationships, prioritizing spouses, children, and other close relatives when a person passes away without leaving a valid will. This predictability provides a sense of reassurance and confidence to our clients.
Intestate Succession: How Inheritance Works When There Isn’t a Will
Israeli inheritance law establishes the order in which relatives inherit when an individual passes away without leaving a valid will. The law prioritizes close family members in the following sequence:
- Spouse and Children: The surviving spouse inherits half of the real estate, with the remaining half divided equally among the children.
- Parents and Siblings: If the deceased person has no surviving spouse or descendants, the estate is divided equally between the deceased person’s parents or siblings. If the parents are deceased, siblings become the subsequent beneficiaries. If the deceased leaves a wife, parents, and no children, the estate is divided equally between the spouse and the parents.
- Grandparents and Extended Relatives: If the deceased has no immediate family members alive, the estate distribution may extend to grandparents or more distant relatives, such as aunts, uncles, or cousins.
| Beneficiaries | Share of Estate |
| Spouse & Children (including adopted) | The estate is divided equally between the surviving spouse and each child. |
| Parents (if no spouse/children) | The estate is split equally between the mother and father. |
| Siblings & Their Children | Full siblings divide the estate equally; half-siblings inherit their parents’ share. |
| Grandparents & Their Descendants | Equally among the maternal and paternal grandparents’ lines. |
Types of Legally Valid Wills in Israel
Israeli law recognizes several distinct will types, each with unique formal requirements:
- Handwritten Will
- Will in the Presence of Witnesses
- Will in the Presence of an Authority
- Oral Will
Learn more about the types of legally valid wills in Israel on our guide.
When Inheritance Has Restrictions or Special Conditions
Israeli inheritance law acknowledges that some inheritances may be subject to specific restrictions or provisions. These restrictions or special conditions may include:
- Conditional Inheritances: A will may specify that a beneficiary only receives their inheritance upon meeting specific provisions, such as reaching a particular age, receiving funds, or achieving a specified milestone.
- Trust Arrangements: Assets may be placed in trust, restricting immediate access and controlling distributions based on criteria set by the deceased.
- Protected Beneficiaries: Certain beneficiaries, such as minors or individuals unable to manage their affairs, may require an appointed trustee or guardian to manage their inherited assets responsibly.
Managing restricted heritage requires careful legal oversight to ensure that the conditions set forth in the will or established by law are fulfilled in a manner that is appropriate.
Israeli Inheritance Terms You Should Know
Knowing the inheritance terms in Israel can significantly ease the probate and succession process. While you may already know some of these terms, we would like to ensure everything is explained in the context of inheritance:
- Probate Order (“Tzav Kiyum Tzava”): A legal court order and decree issued by the Israeli court confirming the validity of a deceased person’s will and authorizing the distribution of their assets as stipulated.
- Succession and Administration Order (“Tzav Yerusha”): Issued by an Israeli court when an individual passes away without leaving a valid will. This order designates the rightful heirs by Israeli intestate succession law.
- Estate Manager (Executor): A person appointed either through a will or by court order to oversee the probate process, including asset management, payment of debts, and distribution to beneficiaries. The appointment can be renewed every year.
- Heir: An individual legally entitled to inherit part or all of the deceased’s estate, either through a valid will or under intestate succession laws.
- Beneficiary: Any person named explicitly in a will to receive specific assets or property from the deceased person’s estate.
- Intestate Succession: The legal process governing inheritance distribution when an individual passes away without a valid will, distributing assets based on statutory inheritance laws.
- Estate Manager (“Apotropus Ha’yizavon”): A person appointed by the court or named in the deceased person’s will to manage and safeguard estate assets during the probate process.
For any questions regarding inheritance in Israel, reach out directly to Aharoni Law Firm for a free, complimentary consultation.
צור איתנו קשר עכשיוצווי קיום צוואה ומנהל עיזבון ישראלי
Our role in the probate process is to guide you through these steps, ensuring all legal requirements are met and the process is as smooth as possible. When a loved one passes away, their assets and obligations become part of their estate, meaning everyone leaves an estate behind. Under Israeli succession law, the estate remains obligated for many contractual arrangements established by the deceased person before their death. If your aunt had a contract to sell her car to someone, for instance, the estate would need to transfer the vehicle to the buyer, and the estate would receive the proceeds from the sale.
The law also requires all outstanding debts to be paid before the heirs are entitled to receive distributions from the estate. If they take property too early, they must satisfy their obligations themselves. Assistance from an experienced Israeli inheritance law firm often proves essential to ensure compliance with all laws and avoid personal liability assumptions.
Probate confirms the validity of a will and authorizes estate distribution, following a transparent and formal process:
- Submission: Filing the will or intestate succession application to the Registrar of Inheritance Affairs.
- Validation: Verification and official approval of the documentation, as well as the identification of rightful heirs.
- Debt Settlement: Notification of estate creditors and resolution of legitimate claims before distribution.
- Estate Distribution: Final allocation of remaining assets according to validated documents or legal succession order.
If a problem or conflict arises, the team at the Aharoni Law Firm can resolve difficulties before they become too costly.
Handling Estates of Non-Jewish Citizens
Inheritance rights of non-Jewish citizens, including foreign nationals, adhere to identical legal principles as those of Jewish citizens. Special attention is required when managing cross-border estates involving international properties or bank accounts, necessitating coordinated management between Israeli authorities and foreign jurisdictions.
Fiduciary Duties of an Estate Manager in Israel
In many cases, it is necessary to designate an estate manager to oversee the probate process for an estate. This role can be fulfilled by a family member or trusted individual named in the deceased person’s will, or the court can appoint an estate manager on your behalf. Once a manager is appointed, any transactions relating to the estate must be approved by the manager or the probate court.
Individuals involved in an Israeli inheritance matter can benefit from hiring an attorney to serve as estate administrator, or they may derive advantages from engaging an attorney to advise the estate manager on the performance of various duties. These may include:
- פתיחת חשבון נאמנות לעיזבון,
- מלאי נכסים והתחייבויות,
- תיעוד כל ההכנסות וההוצאות ששולמו על ידי העיזבון,
- תשלום כל החובות, אם יש,
- נקיטת הליכים משפטיים נגד כל מי שפגע בעיזבון,
- חלוקת נכסים ליורשים ולמוטבים,
- הגשת תצהיר לבית המשפט המפרט חלוקות וערכן.
מיסי ירושה ישראלים וסוגיות קריטיות אחרות
As mentioned above about the inheritance laws in Israel, taxation remains a potential obstruction to inheritances, even though the country does not currently have an estate/death tax, succession tax, or inheritance tax. Many individuals who inherit property in Israel will be subject to taxation in other countries, even if they are not citizens.
For instance, individuals who own certain types of property in the U.S. may be required to pay estate tax on property inherited in Israel, regardless of their citizenship or residency. Failure to comply with tax laws leads to the imposition of substantial penalties. The team at the Aharoni Law Firm, with its extensive experience in international tax laws, assists clients with connections in countries worldwide, ensuring compliance with all applicable tax laws.
Working with Our Israeli Inheritance Attorneys with a Proven Track Record
חוקי הירושה, הליכי צוואה וחוקי הירושה בישראל יכולים להיות אלמנטריים אם יודעים בדיוק מה לעשות. כדי למנוע בעיות שעלולות למנוע ממך לקבל את הרכוש החוקי שלך או להטיל עליך עמלות ועיכובים יקרים, עבוד עם צוות שמבין כיצד חוקי הירושה בישראל משפיעים על מי שמתגורר בחו"ל.
פנו למשרד עורכי דין אהרוני לייעוץ חינם
The Aharoni Law Firm has indispensable qualifications for managing estate and inheritance issues. Please contact us today for a complimentary consultation to discuss how we can be of service. We have offices in Tel Aviv, Los Angeles, New York, and Florida. If you are looking for an Israeli inheritance lawyer, Rahav D. Aharoni, Adv., can help you with the entire process. Complete our form or call us at 888-923-0022 or any other phone number listed below, and we will be happy to answer your specific questions.
FAQs About Israeli Inheritance Laws
What occurs if there is no valid will?
Israeli law explicitly outlines the distribution of estates among family members.
Are non-residents eligible to inherit property in Israel?
Yes. Non-residents have the same inheritance rights as residents and are subject to the same inheritance laws.
How long does probate usually take?
The probate process usually spans between 4 and 6 months, depending on the complexity of the estate. Learn more about the probate procedure in Israel on our guide.
