Probate order in Israel (tzav kiyum tzava'a): the complete guide to obtaining the order
The probate order in Israel ("tzav kiyum tzava'a") is the legal act that gives force to a will after the death of its author. Without it, it is impossible to transfer assets, to register an apartment at the Tabu or to withdraw funds from the bank on the basis of the will. The application is filed by the heir or heirs named in the will, or by the estate administrator, with the Registrar of Inheritance and, in case of a dispute, before the Family Court.
What exactly is a probate order
When a person dies leaving a will, the will does not automatically become a legally effective document. As long as the probate order has not been issued, no institution, neither the bank, nor the tax authority, nor the Land Registry, will recognize the heirs' rights on the basis of that will.
The order is in fact the legal confirmation that the will is valid in form and in substance, that it is indeed the last will in force left by the deceased, and that no legal obstacle stands in the way of its execution. Once the order has been obtained, the heirs may act according to the provisions of the will: divide the assets, register the assets in their name and close the affairs of the estate.
Who files the application, and with whom
The application for a probate order in Israel is generally filed by a legal heir, by the person named estate administrator, or by any other beneficiary named in the will. The usual address is the Registrar of Inheritance of the district of the deceased's last residence. When the application is not contested, the Registrar is empowered to issue the order himself.
The situation changes when an objection to the will is filed, for example by an heir who claims that the testator lacked capacity, that the will was signed under duress, or that it has a formal defect. In that case, the Registrar transfers the file to the Family Court, and the procedure becomes more complex and longer.
How to file an application for a probate order in Israel
Filing the application involves several fixed steps:
- Locate the original will: the original document must be filed, not a copy, unless there is a justified reason to produce a copy.
- Fill in the application form to the Registrar of Inheritance, with the details of the applicant, those of the deceased and the list of heirs and beneficiaries according to the will.
- Attach the testator's death certificate and the heirs' identity documents.
- Publish a notice in the press announcing the filing of the application, as the law requires, so that anyone who considers himself harmed may object within the time limit.
- Wait for the end of the objection period, during which any interested party may file a reasoned objection with the Registrar.
- Obtain the order, if no objection has been filed or after the objection has been dismissed.
Any error in the data of the application, in the attachments or in the way the heirs are named can delay the procedure by several weeks, even several months. A legal check of the file before filing therefore saves real time. For heirs who live abroad, the powers of attorney and certified translations are prepared at the same time as the file.
How long does the procedure take
Without objection and with a file in order, the order is generally obtained within about three months from filing, the time needed for the publication and the objection period. When an objection is filed and the file goes before the Family Court, the procedure may take a year or more, depending on the courts' caseload and the complexity of the dispute between the heirs.
What is the difference between a probate order and an inheritance order
The difference between the two orders lies in whether or not there is a will. When there is a will, one applies for a probate order, and the division follows the provisions set by the testator. When the deceased left no will, one applies for an inheritance order ("tzav yerusha"), and the estate is divided between the heirs according to the order set by the Succession Law, regardless of the deceased's personal wishes.
One must first check whether a will exists and, if so, of which type. Each form of will recognized by Israeli law is subject to different formal requirements, and a will drawn up irregularly may be annulled: the procedure then turns, in practice, from an application for a probate order into an application for an inheritance order.
What happens after the order is obtained
The order does not close the settlement of the estate, it opens the next stage. With the order in hand, one can approach the banks to withdraw the deceased's funds, the Land Registry to transfer the properties into the heirs' names, and the other institutions with which the deceased held assets or rights.
When there are several heirs or the estate is complex, an orderly administration of the estate and of its division between the heirs is sometimes necessary, especially in case of disagreement on the terms of the division or difficulty in realizing part of the assets. The order itself establishes who is entitled to what, but the practical implementation must be conducted methodically to avoid conflicts later on.
Tracking the status of the application
After filing, it is possible to track the progress of the application with the Registrar of Inheritance, and to check whether the required notice has been published, whether the objection period has elapsed and whether an objection has been filed by one of the heirs or by a third party. An unexplained delay is most often the sign of a technical problem in the file, a missing document or an objection not yet processed, and it is worth clarifying it with the Registrar or with the lawyer following the file.
Why be assisted by a lawyer for the filing
In most cases, the application for a probate order in Israel is a relatively simple procedure when the will is in order and there is no dispute between the heirs. The difficulties begin when the will has a defect, when an heir has not been located, or when an objection comes as a surprise. Legal assistance from the filing onwards reduces the risk of errors that delay the procedure, and guarantees that the documents are presented in the form required by the Registrar.
Do you need a lawyer for an estate? I assist, in English, with the filing of applications for probate orders and inheritance orders, the administration of estates and representation before the Registrar of Inheritance. Write to me through the form on the English-speaking lawyer page or on WhatsApp +972-54-777-2548.
Frequently asked questions
What is a probate order?
It is the legal confirmation that gives force to the will after the death of its author. Without it, it is impossible to transfer assets, to register an apartment at the Tabu or to act with the banks and the other institutions according to the provisions of the will.
How long does it take to obtain the order?
Without objection, the procedure generally takes about three months from the filing of the application. When an objection is filed and the file goes before the Family Court, the procedure may take a year or more.
With whom is the application filed?
With the Registrar of Inheritance of the district of the deceased's last residence. In case of an objection to the will, the handling of the application is transferred to the Family Court.
What is the difference between an inheritance order and a probate order?
The probate order is issued when there is a valid will, and the division follows its provisions. The inheritance order is issued in the absence of a will, and the estate is divided between the heirs according to the order set by the Succession Law.
Which documents must be attached to the application?
The original will, the testator's death certificate and the identity documents of the heirs and of the beneficiaries named in the will. Missing or incorrect data is the most frequent cause of delay in processing the application.
What happens if someone objects to the will?
The Registrar of Inheritance transfers the file to the Family Court, which examines the grievances against the will, for example the testator's capacity or a formal defect, and decides whether the order should be issued.
How can I check the status of a probate application?
With the Registrar of Inheritance handling the application, by checking whether the required notice has been published and whether the objection period has elapsed without objection.
Is a lawyer required to file the application?
The law does not require representation for an uncontested application, but legal assistance reduces errors in the documents and in the naming of the heirs, which are the usual cause of delays.