Israeli inheritance process is complicated for foreigners. However, with the help of an inheritance lawyer in Israel, things can take an easy turn for international heirs. Upon the death of a family member, the property owned by him must be distributed among family members or claimed by an individual through the law of succession or probate order.
Inheritance in Israel refers to passing down assets as well as property, obligations, rights, debts, and even titles. The law of succession in Israel is complex and requires the legal assistance of an Inheritance attorney.
Inheritance of property occurs in all cultures but the rules concerning inheritance are subject to jurisdiction. The Israeli inheritance is governed by the Law of Succession which was passed in the year 1965.
The Israeli courts, also known as the family courts have jurisdiction over the assets and property of someone who left all of it in Israel at the time of his death. In section 1 under the Law of Succession, it is clearly stated that the assets, wealth, and property of a deceased person will automatically be passed on to his heirs by default. This might include intellectual property, personal property, assets, title, liquid money, etc.
How are assets and real estate bequeathed in Israel?
The Succession law of Israel states two ways to bequeath the real estate and assets of a deceased person: by law or by will. If the deceased has left a will, the assets and estate will be distributed or passed down as per the stipulations mentioned in the will. If you need assistance in understanding your deceased ancestor’s will, it is recommended to hire an inheritance attorney.
If the deceased has not left a will, the law becomes a bit more complicated and requires a good understanding of inheritance law from a well-versed Israeli Inheritance lawyer.
According to the Israeli law of inheritance, here are some ways that wealth is distributed among the heirs:
The deceased person’s spouse will get 50% of the wealth if it is in real estate. However, she/he will receive 100% if the wealth is in non-estate form, which is liquid cash or in form of assets.
The deceased person’s offspring will receive 50% of the real estate property (if any) and 0% of the non-estate property, which is in the form of pension funds, chattels, bank balances, or cars.
In the absence of heirs, Israel inherits the estate as well as non-estate wealth. However, the state has to keep the wealth and estate property for certain years.
The spouse of the deceased person is entitled to 100% estate as well as a non-estate inheritance if the deceased has no children, parents or siblings. If the siblings or parents of a deceased person are alive, the spouse is only entitled to two-thirds of the inherited property.
According to section 6 of the Law of Succession, an heir might also refuse to take the inherited property before it is distributed by the state of Israel.
What is succession order under the Law of Israel?
In the absence of a will, the distribution of inherited property begins with a request through succession order. The succession order is applied by a relative to any religious court. It is a valid yet powerful judicial order and can be enforced by the relative following its issuance.
Here are the documents that you need to file a succession order:
- Foreign law opinion (if you are a foreigner)
- A petition including correct translation
- A succession order along with the affidavit signed by the petitioner
- The original death certificate of the deceased person
Those who file for succession orders must know the exact procedural requirements or else, their request can be denied. An inheritance lawyer in Israel can help you in all the legal matters regarding inheritance.