How to Obtain an Israeli Succession Order When the Deceased Lived in the United States
When a parent dies in the United States and leaves an apartment or a bank account in Israel, families are often surprised to learn that the American probate process does not reach the Israeli assets. In my practice, much of which involves heirs in the United States, it is the question I hear most often. Israel has no ancillary procedure for recognizing a US probate order, and under the Israeli Succession Law a foreign probate or succession order cannot simply be enforced here. To sell the apartment, transfer it, or release the funds, the heirs need an Israeli order.
Here is how the process works, step by step.
Step 1: Determine which order you need
If the deceased left no will, the heirs apply for a succession order (tzav yerusha). If there is a will, the application is for a probate order (tzav kiyum tzava’a). The documents and the foreign law opinion differ somewhat between the two, so this is the first question to settle.
Step 2: Confirm that Israel has jurisdiction
Under Section 136 of the Succession Law, Israel has jurisdiction over the estate of anyone who lived in Israel at the time of death or who left assets in Israel. Citizenship does not matter. When the deceased lived abroad, the Israeli order covers the assets located in Israel, not those in the United States.
Step 3: Identify the applicable law
This is the step most families don’t expect. Under Section 137, the inheritance is governed by the law of the place where the deceased was domiciled at death. If the deceased’s life was centered in New York, New York law determines who the heirs are and what each receives, even though the order is issued in Israel.
Where the deceased was domiciled is not always obvious. People who split their time between two countries, or moved shortly before their death, may need this question examined carefully.
Step 4: Obtain a foreign law opinion
Because the Israeli authorities do not take notice of US state law on their own, the heirs must prove it. This is done through an expert opinion on foreign law: a sworn statement by someone qualified in the relevant law, explaining who inherits under that law and, where there is a will, whether it is valid there.
The opinion has to address the specific state and the specific facts of the family. Prior marriages, children who died before the parent, adopted children and trusts can all change the answer.
Step 5: Gather the documents
Typically you will need:
- A certified death certificate, with an apostille from the issuing state.
- The original will and any codicils, if there is a will.
- Marriage, divorce and birth certificates showing the family structure.
- Details of the Israeli assets: the property’s block and parcel (gush and chelka), and the bank and branch.
- Passport details and current addresses of all heirs.
Documents in English are generally accepted, but some may need a certified translation. Heirs abroad can sign the required affidavits before a local notary, with an apostille, or at an Israeli consulate. In most cases no one needs to travel to Israel.
Step 6: File the application
The application is filed with the Registrar of Inheritance Affairs, together with the foreign law opinion and the supporting documents, and the required fees are paid.
Step 7: Publication and objections
Notice of the application is published in a newspaper and in the official government gazette. Anyone who wishes to object generally has 14 days from publication. If an objection is filed, the matter is transferred to the Family Court.
Step 8: The order is issued
If there is no objection and the file is complete, the order is issued. It can then be presented to the bank, or used to register the heirs as owners at the Land Registry. Only after that can the property be sold or divided.
How long does it take?
Timelines vary widely. The steps that usually take the longest are not in Israel at all: obtaining apostilled documents from the US, locating the original will, and preparing the foreign law opinion. Starting these early, in parallel with the American probate, saves months.
A final word
The most common mistake I see is assuming the US probate is enough. Many families complete the estate in the United States and never file in Israel at all, or turn to Israel only years later. By then documents are harder to locate, heirs have moved, and occasionally one of the heirs has died, which adds another estate to the process. If there are assets in Israel, it is worth starting both processes at the same time.
The author is an Israeli attorney and notary. This article is general information and not legal advice.