What Is a Succession Order?
When a person dies in Israel โ or dies abroad while holding Israeli assets โ their estate does not automatically pass to the heirs. Israeli law requires a formal legal process before any assets can be transferred or released. When the deceased left no valid will, the governing document is a succession order (tzav yerusha, ืฆื ืืจืืฉื), issued by the Israeli Registrar of Inheritance (Rasham HaYerushut).
The succession order is a judicial or quasi-judicial determination that identifies who the legal heirs are, and in what proportions they are entitled to the estate. It is derived from the Israeli Succession Law 1965 (Chok HaYerusha), which sets out the rules of intestate succession โ that is, who inherits when there is no will. The Registrar of Inheritance reviews the application, publishes a public notice, waits for any objections, and then issues the order. For contested matters, the case is transferred to the Family Court (Beit Mishpat L'Inyanei Mishpacha).
It is important to understand the distinction between a succession order and a probate order (tzav kiyum tzava'a). A probate order is issued when the deceased did leave a will โ it validates and gives legal effect to the will. A succession order, by contrast, applies when there is no will, and the estate is distributed according to the statutory intestacy rules under Sections 11โ16 of the Succession Law 1965. The two instruments serve similar functions โ unlocking the estate โ but they arise from completely different circumstances and involve different substantive legal rules.
Once a succession order is issued, it is a public document. It names each heir, their identity document number, their relationship to the deceased, and their fractional share of the estate. Any institution โ a bank, the Land Registry, a pension fund, a company registry โ will require this document before taking any action on the deceased's assets. Without a valid succession order, the estate is legally frozen.
When Is a Succession Order Required?
A succession order is required any time someone wants to legally access, transfer, or deal with assets belonging to a person who died intestate (without a will) in Israel, or who died abroad while owning Israeli assets. The requirement is broad and covers virtually every category of asset.
Real estate registered in the Land Registry (Tabu): This is the most common scenario. Israeli real estate is registered in the Land Registry (Lishkat Raisham Mekarkein), and any change of ownership โ including a transfer to heirs โ must be supported by a succession order or probate order. Without it, the property remains legally in the deceased's name indefinitely, which creates enormous practical and financial complications for the heirs.
Israeli bank accounts: Every Israeli bank will require a succession order before releasing funds from an account belonging to a deceased account holder. This applies whether the balance is modest or substantial. Joint accounts may be handled differently depending on the account agreement, but sole-account balances will always require the order.
Pension funds and life insurance: Israeli pension funds and insurance companies require proof of entitlement before making payouts. Where a beneficiary has not been formally designated โ or the designation is disputed โ the succession order determines who receives the funds.
Shares and investment accounts: Securities held at Israeli brokerages or through company registries require a succession order to transfer to the heirs' names. This includes shares in private Israeli companies, which often form a significant part of an estate.
Critically, the requirement applies regardless of whether the deceased was Israeli or foreign. If a French, American, British, or Australian national owned an apartment in Tel Aviv, a bank account at Bank Hapoalim, or shares in an Israeli startup, their heirs must obtain an Israeli succession order to access those assets โ even if they simultaneously obtain equivalent documents in their home country. Israeli law applies to Israeli-sited assets, full stop.
How to Apply for a Succession Order: Step-by-Step
The application process for a succession order is governed by the Succession Law 1965 and the Succession Regulations. For foreign heirs, the practical steps are as follows:
Step 1 โ Engage an Israeli attorney. While it is technically possible to file a succession application personally, in practice it is extremely difficult for a foreign heir to navigate the process without professional assistance. An Israeli attorney will know which district's Registrar of Inheritance has jurisdiction, what documents are needed in what format, and how to handle any complications that arise. For foreign heirs specifically, the attorney can hold a power of attorney (yipuy koach) and conduct the entire process without the heir needing to travel to Israel.
Step 2 โ Gather and prepare documents. This is often the most time-consuming phase for foreign heirs. The core documents are the death certificate, identity documents for all heirs, and documents proving each heir's relationship to the deceased (marriage certificates, birth certificates). Foreign documents must be apostilled under the Hague Convention and accompanied by a certified Hebrew translation. We discuss the full document list in the next section.
Step 3 โ File the petition with the Registrar of Inheritance. The petition (bakasha) is filed with the Registrar of Inheritance in the district where the deceased was last domiciled, or โ for a deceased who was not domiciled in Israel โ in any district where Israeli assets are located. The petition sets out the identity of the deceased, the heirs, and the assets. The attorney files the petition together with all required documents and pays the applicable filing fee.
Step 4 โ Public notice period. After the petition is filed, the Registrar publishes a public notice in the Reshumot (the official state gazette) and sometimes in a general newspaper. This notice runs for 14 days, during which any interested party โ a creditor, an omitted heir, a person claiming a different relationship to the deceased โ may file a formal objection. If no objection is filed, the Registrar proceeds to issue the order.
Step 5 โ Registrar issues the succession order. Assuming no objection is filed and the documents are in order, the Registrar issues the succession order. This is the official document that the heirs will use to access the estate. In straightforward cases โ a clear family structure, no disputes, complete documentation โ this stage is typically reached 3 to 6 months after filing.
If an objection is filed: The case is transferred from the Registrar of Inheritance to the Family Court, where it proceeds as contested litigation. This significantly extends the timeline and cost. See our guide on contested inheritance in Israel for more detail.
Required Documents for a Succession Order Application
The documentation requirements for a succession order are specific, and for foreign heirs, preparing them correctly is often the biggest practical challenge. Errors in documentation โ missing apostilles, inadequate translations, incomplete family trees โ are the most common cause of delays.
Death certificate: The original death certificate of the deceased, or a certified copy. If the deceased died abroad, the foreign death certificate must be apostilled by the relevant authority in the country of death (for example, the Secretary of State in a US state, or the Legalization Office in the UK) and accompanied by a certified Hebrew translation. A simple Google-translated document will not be accepted.
Identity documents of the deceased: A copy of the deceased's Israeli identity card (teudat zehut) or passport. For non-Israeli decedents, the passport is the primary document.
Identity documents of all heirs: Copies of the identity documents of every person who is claimed to be an heir. For Israeli residents, this is the teudat zehut. For foreign heirs, a passport copy is standard.
Proof of family relationships: This is where foreign heirs often face the most complexity. Marriage certificates (to establish a spouse's claim), birth certificates (to establish children's claims), and where relevant, divorce decrees or death certificates of prior spouses. All foreign documents must be apostilled and translated into Hebrew.
List of Israeli assets: A declaration of the deceased's known Israeli assets โ real estate (with Land Registry reference numbers if available), bank accounts, pension rights, and other assets. This list does not need to be exhaustive at the filing stage, but it helps the Registrar understand the estate's scope.
Attorney's filing form and fee: The attorney prepares the formal petition document and pays the government filing fee, which is calculated on a scale set by regulation.
For foreign heirs who are granting a power of attorney to an Israeli attorney, the power of attorney document itself must also be apostilled. Israeli notaries and consulates can assist with preparing powers of attorney for Israeli legal proceedings.
Timeline and Costs: What to Expect
One of the most common questions from foreign heirs is: how long will this take? The honest answer depends heavily on the complexity of the estate and whether any disputes arise.
Uncontested, straightforward estates โ where the family structure is clear, all heirs are identified and cooperative, and documentation is complete โ typically reach a succession order within 3 to 6 months of filing. This accounts for document preparation time, the 14-day notice period, and the Registrar's processing time. If the Registrar requires additional documents or clarifications, the timeline extends accordingly.
Estates with complications โ multiple heirs across different countries, a deceased who was previously married, children from multiple relationships, missing heirs, or complex Israeli asset portfolios โ will routinely take 6 to 18 months even without formal litigation. The preparation of complete documentation from multiple foreign countries, coordinating with multiple heirs, and ensuring all apostilles and translations are correct takes time.
Contested estates โ where an objection is filed to the succession application โ move to the Family Court and can take 1 to 3 years or more, depending on the nature of the dispute. Contested proceedings involve pleadings, evidence, and sometimes expert witnesses. They are significantly more expensive than uncontested applications.
On costs: the Registrar's filing fees are set by regulation and are generally modest relative to the value of most estates. Attorney fees vary depending on the complexity of the matter, the size of the estate, and whether the matter becomes contested. For foreign heirs, the additional costs of apostilles, certified translations, and international courier services add up. It is worth budgeting for these costs from the outset and discussing fee structures with your Israeli attorney at the start of the engagement.
The key practical takeaway is this: the sooner you engage an Israeli attorney, the sooner the process begins. Many foreign heirs delay โ uncertain of their rights, unsure whether they need an Israeli lawyer, hoping the process will be simple. In most cases, delay only extends the timeline and can cause complications (creditors acting on the estate, assets depreciating, institutional rules changing). Working with experienced Israeli counsel from the outset is the single most important thing a foreign heir can do to protect their interests.