What to Know About Israeli Probate and Succession Law

Navigating the complexities of Israeli probate and succession law can be daunting, especially if you are unfamiliar with the legal system or dealing with a personal loss. This article aims to shed light on the most important aspects of Israeli probate and succession law, including the principles governing inheritance, probate procedures, and estate administration. By understanding the intricacies of these laws, you can ensure that your loved ones’ estate is managed in accordance with their wishes and Israeli law.

1. Governing Principles of Israeli Inheritance Law.

Israeli inheritance law is primarily governed by the Inheritance Law of 1965, which outlines the legal principles and procedures for transferring a deceased person’s assets and liabilities to their legal heirs.

In general, Israeli law recognizes the right of individuals to dispose of their property as they see fit through a valid will, subject to certain restrictions to protect the rights of close family members. If an individual dies without a valid will, their assets will be distributed according to the rules of intestate succession. These rules prioritize the surviving spouse and direct descendants (children, grandchildren, and so on) followed by ascendants (parents, grandparents, etc.) and collateral relatives (siblings, nieces, nephews, and the like). It is important to note that Israeli inheritance law applies to all Israeli residents, regardless of their religion or nationality, unless the deceased has explicitly chosen a different legal system in their will.

2. The Importance of a Valid Will.

A valid will is crucial to ensure that your assets are distributed according to your wishes upon death. Israeli law recognizes several types of wills under certain circumstances, including handwritten, witnessed, and even oral wills. To minimize the risk of disputes and challenges, it is recommended to consult with an experienced Israeli probate attorney to draft a will that complies with the legal requirements and clearly outlines your intentions.

3. Probate Procedures in Israel.

The probate process in Israel consists of various stages, such as submitting an application for probate, informing heirs and creditors, and distributing the assets to legitimate heirs. When a person passes away, the person responsible for managing their estate or someone with a vested interest in the estate must apply for a probate order. This application should be submitted to either the Inheritance Registrar or the Family Court based on factors such as the estate’s complexity and any disputes among the heirs.

The application must contain a copy of the deceased’s death certificate, the original will (if there is one), and any other pertinent documents. If the court determines the will is valid and no disagreements occur, they will provide a probate order. This order verifies the will’s legitimacy and allows the executor to manage the estate.

The executor’s duties include collecting the deceased’s assets, settling debts and taxes, and allocating the remaining assets to the beneficiaries as per the will or the regulations of intestate succession.

4. Estate Administration and Taxation.

Estate administration in Israel can be complex, particularly when it comes to the payment of debts and taxes. Israeli law requires the executor to pay outstanding debts, including taxes, before distributing the assets to the heirs.

It is important to note that Israel does not impose an inheritance tax or estate tax on the transfer of assets to the heirs. However, there may be other taxes to consider, such as capital gains tax or property tax, depending on the nature of the assets included in the estate.

The Bottom Line.

Understanding Israeli probate and succession law is crucial for ensuring that your loved ones’ estate is managed in accordance with their wishes and the law. To navigate the complexities of the Israeli legal system and protect your interests, consulting with an experienced probate attorney is highly recommended. They can provide guidance and representation throughout the probate process. Consulting with experienced legal and tax professionals can help you navigate the intricacies of Israeli probate and succession law and protect your assets and your family’s future.

If you’re looking for the best law firm in Israel, we can help you. Eli Shimony is an Israeli Law Firm that practices inheritance laws, will and testament law, commercial–civil law, real estate law, and much more. We provide clear, accessible consultation, along with close legal guidance and litigation in Israel. Contact us today to learn more and get started!

Eli Shimony – Israeli law firm represents clients on all legal matters in Israel. For any questions please contact us and we will be happy to assist.
By email: [email protected], By phone: +972-52-2769773, +972-3-5507155.
The above is only general information and does not replace legal advice which is usually necessary before taking legal proceedings.