Probate Order for a Will

Upon the death of a person who left a will, the stage of obtaining a probate order arrives. Without the order, it is not possible to act on the deceased's assets, including a bank account or an apartment registered in their name. This article explains what the order is, how to apply for it, the main stages, and what the duration of the process depends on.

The information is general. The Registrar's procedures and the forms are updated from time to time, so check the current details before filing.

What is a probate order

A probate order is a decision of the Registrar of Inheritance, or of the Family Court, determining that the will the deceased left is valid and will be carried out as written. The order allows the heirs and the estate administrator to act on the assets, transfer ownership of the assets and close accounts.

In the absence of a will, an inheritance order is issued instead, in which the inheritance is determined by law. The main difference is that under a probate order the division follows the will, while under an inheritance order it follows the Succession Law.

Who files the application

The application is usually filed by a person named in the will as an heir or as the estate administrator, or by a person who is an heir by law and therefore has an interest in carrying out the will. If the will appoints an estate administrator or an executor, they can act within the powers given to them. Where there are several heirs, it is worth filing in coordination among them, and if they disagree, take advice in advance.

Documents required

The following are usually required, among others:

• The original will, if it can be found, and not only a copy.
• A death certificate for the deceased.
• Details of the deceased and the heirs, including relatives who may be entitled by law even if the will does not mention them.
• Declarations and affidavits required in the application form.
• If the will was made at a lawyer's office or deposited with the registry of wills, it can be located there.

If the will cannot be found, there are separate procedures to check whether it exists or to establish its contents, and they are more complex.

The main stages

1. Locating the will and checking, among other places, the wills registry. It is important to confirm which will is the latest one.
2. Filing the application with the Registrar of Inheritance, according to the accepted procedure, including payment of the fee fixed by law.
3. Publication of the application. The application is published so that anyone with an interest can file an objection within a set period.
4. Review by the Registrar. The Registrar examines the application, the will and the documents, and may request clarifications or the completion of additional documents.
5. Issuing the order. If no objection was filed and the requirements were met, the Registrar issues a probate order.
6. Acting on the order. With the order, you approach the banks, the land registry and other bodies, according to the needs of the estate.

What happens when an objection is filed

If a person files an objection, for example claiming that the will is not valid, was made under undue influence, or that the deceased lacked capacity, the matter is transferred to the Family Court. The process then becomes an ordinary legal proceeding, with pleadings and hearings, and it may take longer. We will discuss this in a separate article on objecting to a will.

What affects how long it takes

There is no fixed duration that can be promised or guaranteed. It depends on various factors, including:

• Whether the application and documents are complete: an incomplete application requires supplements and extends the process.
• Whether the original will was found.
• Whether objections were filed, and how many.
• The workload of the handling body and its procedures at the time of filing.
• The complexity of the estate, for example assets abroad or many heirs.

For this reason it is less relevant to state a period of a number of days or weeks, and in any case it is recommended to check the current position with the Registrar or with the lawyer who handles the matter regularly.

Assets that need special attention

An estate sometimes includes assets that need additional steps: an apartment registered in the land registry that has to be transferred to the heirs, bank accounts and provident funds each with their own procedure, a business or a company, and assets abroad, which may be governed by local law in the country where they are located. For assets abroad, check with a lawyer in the relevant country what is required there, and do not assume that an Israeli order is enough. It is worth preparing in advance a list of all assets and debts as far as known, because it helps plan the proceedings and avoid surprises.

Common mistakes

• Acting on the deceased's assets before an order is obtained. Withdrawing funds or transferring assets without an order can cause problems.
• Filing without attaching the latest will. If several wills exist, which of them is valid?
• Omitting heirs or relatives who must be notified.
• Expecting an immediate process. It is worth planning the family's finances accordingly.

Estate administrator and executor

Where the estate is complex, or where the heirs disagree, an estate administrator or an executor can help. Their role is to manage the assets, pay debts and distribute the balance among the heirs according to the will and the law. Such an appointment is made in the will or by a decision of the Registrar or the court, and it is important to choose someone the heirs trust and who understands the responsibility of the role.

In summary

A probate order is the step that makes it possible to carry out the deceased's wishes. An orderly process, accompanied by the full set of required documents and agreement among the heirs, makes it easier. If you are at the beginning of the road, you can contact us to go over the documents and file the application. If you want to understand how a will is made in the first place, read How to Write a Will in Israel, and for the field in general see wills and inheritance.

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