Inheritance Order

When a person dies without leaving a will, their family needs an inheritance order to act on the estate, for example to withdraw funds from a bank account or to register an apartment in their names. This article explains what an inheritance order is, who may apply for it, the main stages and what to watch out for.

The information is general. The procedures of the Registrar of Inheritance, the forms and the fees are updated from time to time, so the current details should be checked before filing.

What is an inheritance order

An inheritance order is a decision of the Registrar of Inheritance, or of the Family Court, that determines who the heirs of the deceased are and what share each one receives. It is issued when the deceased left no will, or when no valid will was submitted.

The difference from a probate order is mainly the basis of the division. In a probate order, the division follows the deceased's wishes as written in the will. In an inheritance order it follows the law, in accordance with the Succession Law, 5725-1965. You can read about a probate order in Probate Order for a Will.

Who inherits by law

When there is no will, the law sets an order of heirs. In general, the spouse of the deceased and their descendants come first. If there are no descendants, the heirs are the deceased's parents and their descendants, and if there are none, to more distant degrees of kinship.

The exact division between a spouse and children, and the question of who counts as a spouse for inheritance purposes, depend on the circumstances. For example, there is a difference between a married spouse and a common-law partner, and certain assets, such as pension rights or insurance, may be governed by separate provisions. The division should therefore not be assumed from a general impression, and the specific case should be checked with a lawyer.

Who may apply

The application is usually filed by a person with an interest in the estate, such as a spouse, a child or another relative counted among the potential heirs. Where there are several heirs, the application may be filed by all of them together or by one of them, in which case a notice must be sent to the other heirs according to the procedure.

Required documents

The following are usually required, among others:

• The death certificate of the deceased.
• Details of the deceased and of all the heirs under the law, including addresses and ID numbers.
• A declaration that the deceased left no will, as far as is known, in line with the application form.
• Additional documents depending on the circumstances, for example where an heir is a minor or has died.

It is worth checking in advance that there really is no will. The check includes an inquiry with the Registrar of Inheritance and with those with whom the deceased may have deposited a will. An order issued before a will turns up may be subject to change.

The main stages

1. Collecting the documents and establishing the identity of all heirs.
2. Checking that there is no will, according to the procedure.
3. Filing the application with the Registrar of Inheritance, subject to payment of the fee set by law.
4. Publication of the application, so that anyone with an interest can respond or object within a set period.
5. Review by the Registrar, who may ask for clarifications or further documents.
6. Issuing the order. If no objection was filed and the requirements were met, the Registrar issues the order.
7. Acting on the order with banks, the land registry, insurance companies and other bodies.

What happens when a dispute arises between the heirs

When one heir claims that there is a will, or when an objection is filed, the matter may be referred to the Family Court for a decision. The process then grows longer and more complex. When the heirs reach agreement in advance, the process is generally simpler.

No fixed duration can be promised. How long it takes depends, among other things, on the completeness of the documents, agreement among the heirs, the complexity of the estate and the workload of the handling body.

After the order

The order is the starting point. Further steps are usually needed, for example:

• Approaching banks to transfer funds on the basis of the division in the order, or to close accounts.
• Registering real estate in the names of the heirs.
• Dealing with the estate's debts and taxes, if any.
• Where needed, appointing an estate administrator.

Where there are assets abroad, additional proceedings may be required in the country where the asset is located, and these are checked with a local lawyer.

Common mistakes

• Assuming the spouse inherits everything. The law sets a division between the spouse and the other heirs, depending on the circumstances.
• Not checking whether a will exists. A will discovered later may complicate the process and even lead to cancellation of the earlier order issued in the matter.
• Leaving out heirs in respect of whom there is a duty of notice.
• Acting on the deceased's assets before receiving the order. Without an order, many bodies will not allow any action on the assets.

Frequently asked questions

Is an inheritance order needed even if there is only a small bank account? Banks usually require an order to release a deceased person's funds, but procedures and thresholds change, so check with the relevant bank.

Can I apply for an inheritance order without a lawyer? You may file an application yourselves. However, where there are several heirs, real estate or assets abroad, professional help is strongly recommended to avoid mistakes.

What if an heir does not want to inherit? An heir may waive their share in accordance with the law, but the consequences should be checked before deciding, including with regard to the estate's debts.

In summary

An inheritance order allows the heirs to act on the estate in the absence of a will. An orderly process, complete documents and coordination among the heirs make it easier. Those who want to prevent family disputes in advance may consider making a will, which you can read about in How to Write a Will in Israel. If you are at the beginning of the process, you can contact us for help with the application, and for the field in general see Wills & Inheritance.

The information in this article is general, is not legal advice, and does not replace a review of your specific case.