Application for a Will Probate Order

Application for a Will Probate Order
5 (100%) 25 votes

Application for a Will Probate Order in Israel

Will and Probate attorney – Probate attorney in Israel – Probate lawyer in Israel – Application for a probate order in Israel – Probate Order application in Israel – Probate Lawyer in Israel 

Losing a loved one is one of life's most difficult events. The emotional impact alone is tremendous, and when you are faced with a complicated probate procedure, known  as "succession," it can feel overwhelming.

At R.Eliyahu Law Office, our attorneys are dedicated to helping families navigate through the challenging times by offering experienced guidance and support. We will walk you through the succession process and help finalize all of the details so that you can focus on moving forward.

Succession according to the Israeli Law In the absence of a will the heirs can be relatives of the deceased. The Succession Law in Israel defines the order of legal succession.

Israeli inheritance law has specific regulations about the will probate order in Israel.  A will probate order makes a will legally valid and binding when the testator dies.

What is Probate of a Will?

A Will Probate Order issued by the Succession Cases Registrar confers binding legal validity on a Will, following the death of the Testator.  The persons applying for a grant of Probate can be the heirs cited in the Will, as well as any person with an interest in the granting of Probate.  Notice as to submission of the application is published in a daily newspaper and in Reshumot, and includes the possibility of submitting objections to the grant of a Probate Order.
If the Will only relates to part of the assets of the deceased, the Probate Order will only be valid in respect of the assets included in the Will, and the remaining assets of the estate will be distributed according to Law, by means of a Succession Order. There is no prescription period in respect of a Will Probate Order because it is treated in the same way as a judgment and it can be obtained at any time through the computerized database at any of the offices of the Succession Cases Registrar.

Application for a  Will Probate Order in Israel

Our team of lawyers at Reut Eliyahu Law Firm specializes in a variety of fields, including Israeli inheritance law.
our law firm provide a quick service of submit an application for a Will Probate order in Israel to the office of the Succession Cases Registrar, by a professional Israeli attorney to clients from Israel and from all over the world.

 

We Offer Personalized Client Service

While having a will or trust in place usually can help avoid complex succession matters, they don't necessarily prevent succession entirely. Distribution of assets and property can be one of the most highly contested parts of the process, even if there is a valid will or trust in place. It's important to have an attorney on your side who understands your needs and is experienced in the courtroom.

Our lawyers take time to get to know our clients so we can best represent their needs inside and outside of the courtroom. Your best interests become our best interests, and we will work together to ensure your needs are met. We tailor our strategy to suit our individual client's needs, and you can count on us to work hard for you.

 

CONTACT US

If you have questions about an application for a will probate order in Israel or anything else related to inheritance, please contact us.

Advocate Reut Eliyahu specializes in Israeli inheritance law and would be happy to discuss this issue with you.

For further information or to schedule a free initial consultation please call us at 074.704.7104 or contact us here.

Probate attorney in Israel | How does one submit an application for a Will Probate Order?

An application for a Will Probate Order must be submitted to the Succession Cases Registrar. The application must include the following:

  • Two vouchers for payments made in the Postal Bank or via the internet – according to the fee tariffs prescribed in the Regulations.
  • Form of application for Will Probate Order that has been duly completed and signed by the applicant as the deponent and authenticated by a Israeli lawyer or a notary or a judge or a religious judge or the head of a local authority in Israel.
  • Original Death Certificate or a true copy of the original.
  • Original Will. In the event of absence of an original Will there must be submitted at the same time as the application for probate, an application for approval of a Will copy and in which reasons are given as to why the original is not being submitted, together with confirmation of payment of the fee prescribed in the Regulations.
  • Notifications to all the heirs and certification of sending notification by Registered Mail.  Alternatively written certification signed by the heirs that they are aware that an application is being submitted.
  •  If the applicant is represented by a lawyer – an original Power of Attorney or a true copy of the original.The application and the accompanying documents must be submitted in four complete sets:  one original and three copies.
Will of a deceased whose place of residence is not in Israel

In order to obtain a Will Probate Order in respect of a deceased who was not domiciled in Israel the following documents must be attached to the application in addition to those detailed above:

  • Land Registration Title abstract or certification that an account exists in the name of the deceased in a bank or any other property owned by the deceased within the area of jurisdiction of the Registrar to whom the application is submitted.
  • Any foreign document bearing the rubber stamp seal of the Israeli Consul in the State in which it was issued or an apostolic seal.
  • A notarized translation into Hebrew of any document written in a foreign language (except for English and Arabic).
  • Expert opinion as to the foreign Law concerned.
  • Form of judgment – Will Probate Order for the judge's signature.

 

Probate attorney in Israel | Objections to Grant of Probate

Objections to the grant of a Probate Order in Israel can be lodged by any person within 14 days of the publication of submission of the application for an Order, in the Press and in Reshumot. In special cases the Registrar or the Court can fix a later date. Objections to the grant of a Probate Order in Israel must be submitted in writing in an Affidavit to the Succession Cases Registrar with the same number of copies as there are parties in the case and with an additional copy for the Court. The objections must contain the following:

  •  Subject matter of the objection.
  • Grounds of the objection.
  • The relevant documents on which the objection is based.
  • An affidavit authenticated in the presence of a lawyer which supports the facts alleged in the objection document.
  • A receipt that is evidence of payment of the prescribed fee.
  • Institution of Proceedings Form.
  • Power of Attorney, if the Objector is represented by a Lawyer.Will Probate Order In order to distribute the estate of the deceased in accordance with the Will that he has left, a Probate Order must be obtained which certifies the format of the Will and confers on it the validity of a judgment. Submission of the application is published in the Press and in Reshumot in order to enable objections to the Will to be lodged.
    An objection to the grant of Probate can be lodged if the deceased has left a Will that is later than the one in respect of which the application for a Probate Order was submitted, if there are defects in the Will or if it does not reflect the genuine wishes of the deceased. Furthermore, if the Will was made under undue influence, duress, threat or force, or if one of the beneficiaries under the Will participated in its making, an objection to the Will can be lodged with the object of having it invalidated.

Probate attorney in Israel | Execution of a Will

If no objections have been lodged, the application is forwarded for a response by the Administrator General who may approve it, forward it for a hearing in the Family Court, or forward as request to the applicant for supplementary details. After receipt of the Administrator General's response, and after the dates for the lodging of objections have passed, the Succession Cases Registrar will Issue a Will Probate Order. The Will Probate Order confirms the validity of the Will, a certified copy of which is attached to the Order.

When an objection is lodged the case file is forwarded to the Court by the Registrar's Office and not by the Administrator General. The case file will in any event be transferred in view of Section 67 (a) (1) after delivery of the response of the Attorney General's representative.

CONTACT US

If you have questions about an application for a will probate order in Israel or anything else related to inheritance, please contact us.

Advocate Reut Eliyahu specializes in Israeli inheritance law and would be happy to discuss this issue with you.

For further information or to schedule a free initial consultation please call us at 074.704.7104 or contact us here.