Succession Order Versus Probate Order: The Difference and the Process
Which order is needed and when, the process at the Registrar of Inheritance Affairs, when a file moves to court, and the rabbinical court route by consent.
After a death, in order to transfer assets into the heirs' names, sell an apartment, close a bank account or register a vehicle, an official document is needed confirming who the lawful heirs are. Which document exactly depends on one simple question: is there a valid will?
A Succession Order (Tzav Yerusha), Where There Is No Will
Where there is no will, an application is made for a succession order, which confirms the distribution of the estate according to the statutory order of heirs. The application is submitted to the Registrar of Inheritance Affairs.
A Probate Order (Tzav Kiyum Tzava'a), Where There Is a Will
Where there is a valid will, an application is made instead for a probate order, which upholds the will and directs that the estate be distributed as the will provides. This application too is generally submitted to the Registrar of Inheritance Affairs, and it requires, among other things, the original will and a death certificate.
The General Process
In both cases the procedure is similar in structure: submitting the application, publishing a public notice allowing any interested party to object within the period stated in it, and, absent an objection, the issuing of the order. If an objection is filed, the entire file moves to the Family Court for determination.
Cases That Go to Court Even Without an Objection
There are situations in which the Registrar of Inheritance Affairs has no power to decide even where nobody has objected, and the file is transferred to the Family Court. These include cases where the state or the Administrator General is a party, cases involving an oral will, and cases where there is a defect in the will or a doubt about it. This is worth knowing in advance, because it affects the expected timetable.
Another Route: The Rabbinical Court by Consent
With the written consent of all the parties concerned, a religious court also has the power to issue a succession order or a probate order and to hear the matter. This is a strategic choice rather than a technical one: in some cases the religious court applies Torah law, whose order of distribution differs substantially from that of the Inheritance Law, particularly as regards daughters and the spouse. Anyone considering this route should understand the implications before signing the consent.
Who May Submit the Application
An application for a succession order may be submitted by anyone who is among the heirs under the law. An application for a probate order is generally submitted by a person named as a beneficiary in the will, or by their representative. In both cases you may, and in less straightforward cases should, use a lawyer to prepare the application and the accompanying documents.
FAQ
The time varies, but where there are no objections and no particular complications, such as assets abroad or unclear documentation, this is a relatively administrative process consisting mainly of the public waiting period fixed by law.
There is a procedure for amending or setting aside an existing order where a fact or document comes to light that was not known when the order was made, such as a previously unknown will. This is exactly the kind of situation where legal guidance is strongly recommended, because it is a sensitive procedure requiring prompt and precise handling.
For a will, the original document is generally required in order to apply for a probate order. This is one of the reasons it is important to know in advance where the original will is kept, and not merely that it exists. You can also deposit the will with the Registrar of Inheritance Affairs in order to avoid this problem.
If you are dealing with a similar situation and would like to review the specifics of your own case, you are welcome to contact me by phone at 054-4417869 or by email at leon@sverdlov.co.il.
The content of this guide is general information only, intended to explain the legal background in accessible language. It does not constitute legal advice and is not a substitute for individual legal advice that takes the circumstances of the particular case into account. Nothing set out here should be relied upon for the purpose of making decisions or taking action. The law, the case law, the amounts and the deadlines may change from time to time, and every case is judged on its own facts. © All rights in the content of this guide, including its wording, its structure and its editing, are reserved to the Law Office of Leon Sverdlov. The content may not be copied, reproduced, distributed, published, translated or used for commercial purposes, in whole or in part, by any means whatsoever, without the prior written permission of the firm.
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