Probate court Haifa

Probate court Haifa
Probate court Haifa

Death is inevitable. The fate of the property and assets of a person is decided upon his death.

The Israeli Succession law of 1965 is followed in Haifa. According to this law, the property of the deceased is passed to his heirs as mentioned in his will.

However, in the absence of a will, the heirs are the closest relatives in the order set by the Israeli Succession law.

How to get Probate Order from Haifa’s Probate Court

The person who made a Will called the testator, after his death someone has to submit an application to the Succession Cases Registrar for the validity of the will.

A Will is legally valid only after the Will Probate Order is passed. To get a Probate Order, an application along with the following documents is needed.

  1. Two paid vouchers. Paid either in the postal bank or through the internet.
  2. Form of application of Will Probate Order filled and signed by the applicant and authenticated by a lawyer, judge, or local authority.
  3. Original Death certificate.
  4. Original Will. In case of a copy of the Will, an application for the reason for not submitting the original will be attached.
  5. Proof of notification to all the heirs.
  6. An original power of attorney in case the application is represented by a lawyer

All original documents along with four copied sets have to be sent to the Succession Cases Registrar’s office to get A Will Probate Order.

For Foreigner having property in Haifa

If the decedent was not a resident of Israel, some additional documents are needed as well

  1. Proof that there is any property or a bank account in the name of the decedent within the jurisdiction of the Registrar where probate application is submitted.
  2. Any document with the rubber stamp seal of the Israeli council of the state where the decedent resided.
  3. Translation of those documents into Hebrew that are written in any language other than English and Arabic.

How to Object to Will Probate Order in the court of Haifa        

After the submission of an application for a probate order, they are publicized in the press and Reshumot, so any objection can be made.

The objection to Will Probate Order can be lodged within the 14 days of publication of the Order. However, in some cases, the registrar or the court can fix a later date.

The objection to the Probate Order should consist of the following.

  1. A Written Affidavit containing the following.
  2. Subject matter for the objection of the Order.
  3. Grounds for Objection.
  4. Documents supporting the base of Objection.
  5. An Affidavit that is authenticated by a lawyer.
  6. Receipt of payment of the prescribed fee.
  7. An original power of attorney in case the application is represented by a lawyer
  8. Copies of documents equal to the total number of parties present in the case.
  9. One copy for the court.

When a will probate order is invalidated?

The Will Probate order is mostly invalidated when.

  1. A Will of the decedent is found, later than the one on which the probate order was given.
  2. A Will having defects or not reflecting the true wishes of the deceased.
  3. A Will made under pressure, threat, or force.

And some other scenarios depending on the type of case.

The Final step

If an application is submitted for Will Probate Order and there is no objection within the given time after publication, the application is moved to Administer General.

The Administer General as he finds suitable, forward it to a family court for a hearing or request more detail from the applicant. His approval is necessary for the Order.

After the completion of all these steps, the Succession Cases Registrar issues a Will Probate Order that is the validity of the Will.

However, in case of an objection, the matter is forwarded to court instead of the Administer General. Further steps are taken according to the case.