Obtaining a Probate Order: Representation by a Lawyer

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Obtaining a Probate Order – Representation in the Process of Obtaining a Probate Order

A probate order is a legal order issued by the Registrar of Inheritance, which arranges the division of the estate of a person who died without a will, as provided by law. The process of obtaining the order includes collecting documents, submitting an online or manual application, and waiting for the response of the Public Guardian (General Guardian). Professional legal guidance will ensure a fast, efficient process without glitches.

Introduction: The Moment When the Estate Must Be Settled

The loss of a close person is one of the hardest and most complex moments in a person’s life. Into the emotional struggle and mourning, a complicated bureaucratic and legal reality often intrudes. When a person passes away, he leaves behind assets, rights, property and sometimes debts – these are defined legally as an “estate”. When the deceased did not leave a valid will specifying how his property is to be divided, Israeli law sets a clear default arrangement. In such a case, the only way to access the estate, divide it among the heirs and carry out legal acts concerning the assets (such as withdrawing funds from the bank or transferring ownership of an apartment) is by obtaining a probate order.

This page is intended to serve as a comprehensive guide for you. As a lawyer who handles family and inheritance law, I have gathered the information you need: what the legal basis is, who the legal heirs are, how the process is carried out step by step, and how to avoid critical mistakes that may delay the release of funds.

The Legal Basis: The Succession Law, 5725-1965

The division of a person’s property after his death is regulated in Israel under the Succession Law, 5725-1965. The law sets basic principles intended to ensure the orderly transfer of property. It is important to know the wording of the law itself, since it is the basis for every legal proceeding on the subject.

Section 1 of the Succession Law sets the most basic principle:

“On a person’s death, his estate passes to his heirs.”

Section 2 of the law clarifies who those heirs are, and creates the distinction between inheritance by law (a probate order) and inheritance by will:

“The heirs are the heirs by law or those who benefit under a will; the inheritance is by law except to the extent that it is by will.”

This means that as long as a person did not determine otherwise in a valid will, the State, through the Succession Law, dictates who will inherit him and in what shares. The legislature’s purpose was to create a mechanism that reflects the “general estimate” of the will of the reasonable person – that is, to bequeath his property to his first-degree relatives.

The probate order itself is in effect a judicial decision (or quasi-judicial, when given by the Registrar of Inheritance) that declares who the heirs are and what the relative share of each of them in the estate is. It is important to emphasize: the order does not specify the scope of the assets or the sums of money, but only the identity of the heirs and their relative share (for example: 1/2 to the spouse, 1/4 to child A, 1/4 to child B).

Who Are the Heirs by Law? The Mechanism of Division

Sections 10 to 14 of the Succession Law regulate the internal mechanism of division. The law operates according to the “parentela” system (circles of kinship), in which the nearest circle displaces the more distant circles. Below is a breakdown of how the estate is divided in the most common scenarios:

1. When the deceased left a spouse and children:

This is the most common scenario. In such a case, the estate is divided as follows:

The spouse: receives the joint movable property, the car belonging to the joint household, and also half (50%) of the rest of the estate (including real estate, funds, etc.).
The children: divide equally among themselves the other half (50%) of the estate. (For example, if there are two children, each child will receive 25% of the total estate.)

2. When the deceased left a spouse but no children:

In such a case, the estate is divided between the spouse and the deceased’s parents or his brothers and sisters.

If the deceased has living parents: the spouse receives half (50%), and the parents receive half.
If the parents are not alive, but the deceased has siblings or grandparents: the spouse receives two thirds (66.6%) of the estate, and the siblings/grandparents receive a third.
The important exception (Section 11(a)(2) of the law): if the spouses were married for at least 3 years and lived together in the joint apartment, the spouse receives the entire share of the apartment, beyond his or her regular share in the estate.

3. When the deceased left no spouse, but only children:

The children inherit the entire estate (100%), and it is divided among them in equal shares. If one of the children died before the deceased and left grandchildren, the grandchildren step into his shoes and inherit the share of the deceased child (the principle of representation).

4. When the deceased left no spouse, children or parents:

In these rare cases, the estate passes to more distant relatives (siblings, nephews and nieces, uncles and aunts). If no relative who meets the definitions of the law is found, the State inherits the estate, and the funds are transferred to the Public Guardian for public purposes.

The Full Process of Obtaining a Probate Order – Step by Step

Many think that obtaining a probate order is a technical and simple matter. In practice, it is a meticulous legal process. A lack of attention to detail or mistakes in the forms will lead to delays on the part of the Ministry of Justice, which may last for many months.

Stage A: Collecting and preparing the required documents

Before submitting the application, the following documents must be gathered:

The original death certificate of the deceased (or a certified true copy).
Death certificates of potential heirs who have died (if relevant).
Identity cards of all the heirs.
Notices to all the heirs about the submission of the application (the applicant for the order must inform all the other legal heirs by registered mail and keep the delivery confirmations).
An affidavit of renunciation of inheritance (if one of the heirs wishes to waive his share in the estate, he must sign an affidavit properly before a lawyer and attach it to the application).

Stage B: Paying the Ministry of Justice fees

There are two government fees that must be paid before submitting the application:

A case-opening fee (application for a probate order).
A newspaper publication fee (in order to inform the public and allow objections to be filed).

It is recommended to pay the fees online on the Registrar of Inheritance website in order to receive a slight discount and speed up processes.

Stage C: Submitting the application to the Registrar of Inheritance

Today, it is possible and recommended to submit the application online in the government personal area (Gov.il). The application must be supported by an affidavit signed and verified by a lawyer. A lawyer familiar with the field will know how to prepare the affidavit properly, enter the relative shares of each heir accurately (decimal fractions or a division by percentages) and make sure that all the documents are scanned as required.

Stage D: Publication and waiting

After the application is received, the Ministry of Justice publishes a notice in the Official Gazette (Reshumot) and in a daily newspaper that an application for a probate order has been submitted for the deceased. The purpose of the publication is to give time (usually two weeks to a month) to anyone who considers himself harmed, or who holds the deceased’s will, to file an objection.

At the same time, the application is transferred for review by a representative of the Public Guardian. The role of the Attorney General’s representative is to make sure that the application is in order, that no heirs were omitted, and that there are no minors or wards whose rights may be harmed. If questions arise (for example, contradictions in dates, a request for proof of paternity, or missing documents), the Public Guardian will demand a “completion of details”. Incorrect handling of these demands can leave the case stuck for a long time.

Stage E: Issuing the probate order

If the objection period has passed and the Public Guardian has approved the application, the Registrar of Inheritance will sign the probate order digitally. The order will be sent to the email of the applicant and of the representing lawyer. This order is digital and has full legal validity before all institutions (banks, the Land Registry, insurance companies and more).

Objection to a Probate Order: When and How

What happens if a person submitted an application for a probate order while concealing other heirs? Or what is the law if a will of the deceased is suddenly discovered after the application was already submitted?

In these cases, any interested person may file an objection to a probate order with the Registrar of Inheritance.

The objection must be filed in writing, within the time set in the publication (as noted, usually two weeks from the date of publication, but an extension may be requested if the order has not yet been issued), and it must be supported by an affidavit verified by a lawyer.

Once an objection is filed, the Registrar of Inheritance loses his authority to hear the case, since he has no authority to decide disputes. The case is transferred automatically to the Family Court. In court, the proceeding becomes a legal claim for all purposes, requiring evidence, examination of witnesses and legal summations.

Why Is It Critical to Use a Lawyer to Obtain a Probate Order?

Many tend to think that the application can be submitted on one’s own. However, reality shows that attempts to save a lawyer’s fee in these cases often end in significant distress.

Preventing bureaucratic delays: a small mistake in calculating the inheritance shares, or forgetting a section in the affidavit, may lead to the application being rejected and to a demand to submit corrected applications. An experienced lawyer ensures a smooth and accurate submission from the first moment.
Correct tax planning and renunciation: the Succession Law allows heirs to “renounce” their right in the estate in favor of the deceased’s spouse, child or sibling. This renunciation has far-reaching tax implications (for example, when selling an inherited apartment in the future, and the exemption from land appreciation tax). A skilled lawyer will advise you whether it is worthwhile to renounce and how to do so correctly.
Guidance in complex cases: when common-law partners, foreign residents, minors or missing persons are involved, the process becomes significantly more complicated and requires a parallel application to the Family Court.

My office, headed by Adv. Emanuel Trach, offers comprehensive, fast and discreet handling of probate orders and orders for the probate of wills, as well as representation in the Family Courts in complex inheritance disputes.

10 Common Questions and Answers on Probate Orders

1. How long does it take to receive a probate order from the moment the application is submitted?

In a proper process and without objections, the average waiting time ranges from 45 to 60 days. This period includes the publication time and the review by the Public Guardian. Sometimes, in unusual loads at the Ministry of Justice, the process may take somewhat longer.

2. Does the probate order specify which assets the deceased had?

No. The probate order is only a matter of principle. It declares who the heirs are and what relative share (the fraction or percentage) each of them receives of the estate. Locating the assets and realizing them is the heirs’ responsibility.

3. Can funds be withdrawn from the deceased’s bank account before the order is issued?

As a rule, when a person passes away, the bank freezes his accounts (except joint accounts that include a “survivorship” clause, which allows the partner to continue operating the account). Funds cannot be withdrawn from an account registered in the deceased’s name alone until an official probate order or an order for the probate of a will is presented to the bank.

4. What happens if we discovered a will after we already obtained a probate order?

The Succession Law makes it possible to deal with such a situation. A special application must be filed to amend or cancel the probate order that was issued, and at the same time to request an order for the probate of the will. The court (or the Registrar, in certain circumstances) will examine the application and the reason for the delay in presenting the will.

5. I am a legal heir but I do not want the inheritance (because of a dispute or debts). What should I do?

You must sign an “affidavit of renunciation of the estate” before the probate order is issued. You may renounce generally (in which case your share is divided among the other legal heirs) or specifically in favor of the deceased’s spouse, child or sibling. After that, you will have no right or obligation toward the estate.

6. Do the deceased’s debts pass to the heirs?

The heirs do not inherit the deceased’s debts personally out of their own pocket. However, the deceased’s debts are paid from the assets of the estate before it is divided among the heirs. If the estate stands at zero, the heirs do not have to pay the debt out of their own pocket. It is recommended to consult a lawyer in the case of an estate complicated by debts and creditors.

7. Do common-law partners inherit like a married couple?

Yes, under certain conditions. Section 55 of the Succession Law provides that partners who lived a family life in a joint household (common-law partners) and were not married to others at the time of death inherit each other as if they were married, unless the deceased left a will that says otherwise. Proving the status before the Registrar or the court may require a separate legal proceeding.

8. What happens when one of the heirs is a minor?

When a minor is involved as an heir by law, the Public Guardian must be involved to ensure that the minor’s rights are not harmed. A renunciation cannot be made on behalf of a minor without the prior approval of the Family Court.

9. Do I need to physically come to the offices of the Registrar of Inheritance?

Today, there is almost no need to come physically. Lawyers submit the applications online, and the order is received as a digital file signed with an approved electronic signature, which is admissible in all institutions in Israel.

10. What happens to “digital assets” (social networks, crypto wallets) without a will?

Digital assets are property for all purposes belonging to the estate. However, access to them is complex with foreign technology companies (such as Facebook or Google), which sometimes require specific orders from a US court or a notarial translation of the probate order, in order to allow the release of information or funds.

11. What does a probate order cost?

The costs are determined according to the nature and complexity of the work. For more information, it is recommended to read the article cost of a probate order.

Do Not Leave Legal Handling to Chance – Contact Us

Obtaining a probate order can be a short and efficient process or an exhausting bureaucratic journey full of pitfalls. The way you choose to manage the application, the way the documents are worded, and the understanding of the legal nuances – all of them will affect your ability to receive what you are entitled to by law quickly and respectfully.

As a law firm with experience in litigation and in proceedings before the Ministry of Justice and the various courts since 2011, our office provides a full, personal and discreet legal framework. We will handle all the bureaucracy for you: from collecting and drafting affidavits, through fast online submission to the Registrar of Inheritance, professional handling of the Public Guardian’s demands, up to the issuing of the long-awaited probate order.

Need professional legal assistance? Do not hesitate.

Call the office of Adv. and Notary Emanuel Trach today, and we will be happy to serve you with professionalism and dedication.

Contact details:

Office phone: 055-2550011

Main address: Yigal Alon 94, Tel Aviv-Jaffa. Alon Tower 2, 4th floor.

Service areas: all of Israel (Tel Aviv | Center | Sharon | North | South)

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