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Probate Order

What do I need to do to approve a will after the testator's death?

​A will must be legally confirmed after the death of the testator in order for the will to become certified and binding on everyone and the institutions.

In order for a beneficiary by will to be able to make use o the will after the death of the testator, the one who made the will during his lifetime, the beneficiary of the will must legally approve the will and this is done by way of filing an application for a probate order

The application for probate shall be submitted to theRegistrar of Inheritance Affairs in order for the will to take effect. The application shall be submitted by the persons entitled under the will (who are registered in the will), after the death of the person who left behind the will.

For aperson who died and whose place of residence at the time of his death was in Israel, it is possible to submit a combined application for both the issuance of a probate order and also for registration of the order with the Land Rights Registration and Settlement Authority

What is required in order to file anapplication for a probate order ?

In order to apply for a probate order, it is necessary to:

-    Original will.

      If there is no original will, an application must be submitted to prove the will in copy and pay a fee

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-  When the testator has an Israeli identification card, there is no need to attach a death certificate. 

   If the testator died abroad and holds an Israeli identity card, the death must be updated in the population registry of the State of Israel before submitting the application.

   If the deceased does not have an Israeli ID card, a duly verified death certificate must be provided. If it is not possible to produce a death certificate, an application for proof of death must     be submitted in another way.

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-     Death certificate or proof of death of those entitled under the will who died before or after the testator.

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-        Confirmation of sending notice of submission of the application by registered mail to those eligible under the will or confirmation that the applicants have personally notified the                   eligible persons under the will.

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-  Power of attorney for the representative lawyer .

-     Confirmation of payment of fee and advertising fees. In the case of submitting a combined application for an inheritance order and registering the inheritance in the Land Registry, the          fee must be paid only through the online form.

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- If one of the persons entitled under the will relinquishes his share of the estate, a copy of the "affidavit of withdrawal" signed by the departing party and duly verified by a lawyer must be      attached. In this case, the fee must be paid through the online form only.

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It is also possible to request that the probate order be transferred to the Land Rights Registration and Arrangement Authority, in order to register and transfer rights in the land registers, an application form for land registration, duly signed and authenticated, must be attached.

What happens if the will does not have a beneficial family member ?

If there are no family members of the deceased (children, grandchildren, parents, siblings or spouses of the deceased among those eligible under the will), the deceased's children and spouses must also  be send a notice of submission of the application for a probate order and need to attach to the application a confirmation that this notice was sent to them by registered mail or confirmation that the applicant informed them personally.

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