Estate Planning

Estate Management

Our office acts as an estate manager and is responsible for the distribution of the assets of a deceased person to his heirs and the beneficiaries of the estate.

An estate administrator, whether temporary or permanent, is appointed in Israel with the consent of the heirs or beneficiaries, unless the deceased had previously appointed someone to the position. If the deceased did appoint an estate administrator, then consent is not required.

The term of office of an estate administrator in Israel is usually two years, but it can be shorter or longer depending on the circumstances. The estate administrator is responsible for collecting the assets of the estate, managing the estate, paying off debts owed to the estate, and distributing the remainder of the estate among the heirs in accordance with an inheritance order or a will order.

The estate administrator is also required to submit reports to the Guardian General and Director of Inheritance Affairs at the Israeli Ministry of Justice, who oversees the administration of the estate.

Submitting an Application for an Inheritance Order

An inheritance order in Israel declares to the world who are the heirs of a deceased person.

A person who claims a right to inherit must provide evidence that there are no other heirs besides them. When an application for an inheritance order is submitted to the Israeli Inheritance Registry, the applicant must specify in their application the heirs of the deceased. If any of them are deceased, the applicant must also specify their heirs.

The applicant for the inheritance order is required to declare that these are the only heirs and there are no others. If the applicant for the inheritance order does not know whether the heirs are the only heirs or whether a particular heir is alive, they must declare this at the time of the application.

It is important to emphasize that the applicant for an inheritance order must have an interest in receiving the order. This could include being an heir, a creditor of the estate, or a creditor of the heir.

It is of course possible to file a request to be removed from the estate through applying for an inheritance order. In this case, the potential heirs must submit letters asking to be removed from the estate, and explicitly stating in favor of whom they are being removed from the estate, which means to whom their share will go. This could be the testator’s spouse, child, or sibling.

Submitting an Application for a Probate Order

If the deceased person left a will, one can apply for a probate order to have the will executed. A probate order in Israel is a legal document that gives the executor of the will the authority to distribute the assets of the estate according to the terms of the will.

To apply for a probate order, you will need to submit a petition to the Israeli Inheritance Registry, along with the will itself. You will also need to provide information about the executor of the will and the beneficiaries of the will.

It is very important to prove the will by submitting the original document when submitting a request for a probate order. However, if the applicant has proven that the original was destroyed as specified in the Israeli law or that the original cannot be submitted, the Inheritance Registry or the Court for Family Affairs may (but is not required) to allow proof of the will by submitting a copy of the will or in another way.

When applying for a probate order in Israel, there is an obligation to send notices to the beneficiaries according to the will regarding their eligibility. These notices must be sent by registered mail or by personal delivery, and the confirmation of the delivery of the notices must be attached to the application.

When requesting to execute a will that already exists outside of Israel, the original of the foreign will execution order or a copy certified by a consul or through a notary and an apostille must be submitted.

Requesting an Amendment or Cancelation of an Inheritance Rrder or a Probate Order

If you have an inheritance order or a probate order, you may need to amend or cancel it. For example, you may need to amend an inheritance order if you discover that there are other heirs who were not included in the original order.

To amend or cancel an inheritance order or a probate order in Israel, you will need to file a petition with the Israeli Inheritance Registry. You will need to explain why you are requesting the amendment or cancellation and provide any supporting evidence as well as an affidavit to support the facts included in the request.

According to the conditions mentioned in the Israeli law, there is a possibility that the Israeli Inheritance Registry will forward the request to the Court for Family Affairs for the court to schedule a hearing.

Capital Planning / Family Property

Our office can help you plan your capital or family property and create a long-term plan. We can help you prepare wills, trusts, and durable power of attorney documents. We can also help you understand your options for estate planning and make sure that your plan meets your specific needs.