Probate Process in Israel

Tip for Choosing a Lawyer:

When selecting an Israeli probate lawyer, verify they have experience working with Israeli banks following probate and banking law and operation knowledge. Obtaining the order is only half the task—securing actual release of funds to beneficiaries completes it.

Essential documents include:

A will (except for an oral will) requires proof by submitting the original document under Section 68(b) of the Israeli Inheritance Law. This requirement may create difficulties where the original will is held by solicitors in England, has been deposited with an English court, or cannot be located.

However, Israeli law provides flexibility. If the original was destroyed in circumstances that do not invalidate the will, or if it is impossible to submit the original, the Registrar or court may permit proof by submitting a copy or by other means. Where the original is outside Israel and a foreign probate order has been granted, the will may be proved through that foreign order using foreign document authentication procedures under Section 30 of the Israeli Evidence Ordinance.

Applications to prove wills by alternative means require additional evidence and may involve delays while the Registrar or court considers whether to exercise discretion. Each case turns on its specific facts.

We obtained probate orders in matters where the original will could not be submitted. In one case, the testator had executed a will in England that remained with English solicitors; we proved the will using a certified copy supported by evidence from the English firm and an English notary public. In another matter, a will had been partially damaged by water; we successfully argued that the essential elements remained intact and obtained validation under the Israeli Inheritance Law.

Before granting a probate order, the Registrar checks the national registry to determine whether any other will has been deposited. Regulation 18 of the Inheritance Regulations governs this verification process.

If the Registrar finds a will that is not the subject of the application, notice must be sent by registered mail to the beneficiaries under that will. The notice specifies that beneficiaries may submit objections within fourteen days of receipt. This safeguard protects against probate being granted on an earlier will when a later valid will exists.

The discovery of additional wills may substantially complicate probate proceedings. Questions arise about which will represents the testator’s final intentions, whether earlier wills were validly revoked, and how provisions in multiple documents should be reconciled.

We handled matters where registry verification revealed unexpected wills. In one case, the Registrar’s search disclosed a later will that the deceased had deposited without informing the family. We advised the client on the implications and successfully obtained probate of the later will, which better reflected the deceased’s final wishes. Our familiarity with Israeli probate procedures enables effective navigation of complications that registry searches may reveal.

Probate applications transfer from the Registrar to the Family Court in specific circumstances set out in Section 67A of the Israeli Inheritance Law.

Transfer to court changes the nature of proceedings. The application becomes subject to court scheduling, judicial directions, and formal litigation procedures. Processing times typically extend when matters are transferred—sometimes substantially.

When applications transfer to court, our clients continue to receive direct representation from experienced advocates rather than referral to separate counsel. This continuity ensures consistent strategy and communication throughout proceedings, whether handled administratively by the Registrar or judicially by the Court.

Israeli law provides a mechanism for validating wills that contain defects in form or procedure. Section 25 of the Israeli Inheritance Law permits the Registrar or court to validate a will if the essential elements have been fulfilled and there is no doubt it reflects the testator’s free and genuine will.

This provision may apply where a will lacks required witness signatures, where execution formalities were not strictly observed, or where procedural requirements under Sections 19, 20, 22, or 23 of the Inheritance Law were not fully satisfied. The defect must not be so fundamental as to cast doubt on whether the document represents the testator’s true intentions.

Validation is discretionary, not automatic. The Registrar or court must provide a reasoned decision explaining why validation is appropriate despite the defect. Not all defective wills can be saved.

The probate process in Israel concludes with formal granting of the order according to Regulation 24 of the Inheritance Regulations. The probate order is prepared according to Form 5, declares the validity of the will, and attaches a certified copy. If the court has cancelled or amended any provision, this is noted in the order.

Once granted, the probate order has effect against the world. It confirms who is entitled to inherit under the will and provides the legal authority necessary to administer the estate. Israeli banks, the Land Registry, and other institutions will act on the basis of a valid probate order.

However, probate orders are not necessarily final. Section 72 of the Israeli Inheritance Law permits applications to amend or cancel orders based on facts or arguments not before the Registrar or court at the time of grant.

Our service does not end with obtaining the order—we assist with presenting the order to Israeli banks, arranging transfer of funds to UK accounts, and coordinating with the Israeli Land Registry for property transfers. In one matter, we obtained a probate order and then working with an Israeli bank’s compliance department before successfully transferring several million pounds to the beneficiaries’ UK accounts.

When the deceased was domiciled outside Israel at death, Section 137 of the Israeli Inheritance Law provides that the succession law of the domicile governs the estate.

However, the procedural requirements for obtaining an Israeli probate order still apply. The Israeli Registrar needs evidence of the applicable foreign law before granting orders in Section 137 cases. This evidence must come from a qualified legal practitioner with expertise in the foreign jurisdiction.

Our lawyers are dual qualified and provide regularly expert opinions on English law to Israeli authorities. Eli Rosenberg’s dual qualification as both Israeli Advocate and Solicitor of England and Wales is particularly valuable for Section 137 applications. He explains English succession law to Israeli authorities as a practising English solicitor. This eliminates the delays and costs of engaging separate English experts.

Examples from Our Practice:

Represented a British family in a dispute with an Israeli bank that refused to release funds to their UK accounts. Achieved full release of the funds.

Took over a probate matter after years of failure from previous lawyers. Resolved title issues at the Israeli Land Registry and generated rental income from the vacant property while dealing with the Probate application.

Guided a UK client through obtaining a Probate Order in Israel and facilitated the legal transfer of inherited funds to a UK account, following sale of an Israeli property.

Advised in a contested will dispute involving estranged heirs living in three different countries, resulting in an amicable out-of-court settlement.

Disclaimer

The information on this page is provided for general guidance only and does not constitute legal advice. The Israeli probate process involves specific procedural requirements and potential complications that depend on individual circumstances. Readers must not rely upon this content for legal purposes and should obtain professional legal advice tailored to their specific situation. Rosenberg Law bears no responsibility for any actions taken or not taken based on this information.