Inheriting Property in Israel While Living in the U.S.: Legal Process & Probate Requirements

When a family member passes away in Israel and you are living in the United States, you may find yourself navigating an unfamiliar legal system from thousands of miles away — dealing with bureaucratic procedures, Hebrew-language documents, and legal requirements you have never encountered before. This page explains how Israeli inheritance law works, what the probate process looks like for overseas heirs, and how Attorney Rachel Schachar’s firm can manage the process on your behalf.

Attorney Schachar has been practicing inheritance and wills law in Israel since 2004 and is a registered member of the Israeli Bar Association. The firm is recognized by The Legal 500, Dun’s Guide, and Global Law Experts, and was named among Dun’s 100 Leaders in Law 2026.

The Legal Framework: Israel’s Inheritance Law

Inheritance in Israel is governed by the Inheritance Law, 1965, a comprehensive statute that covers wills, intestate succession, probate orders, and estate administration. Unlike the United States, Israel does not impose inheritance tax or estate tax, which is one reason Israeli real estate and financial assets are common components of cross-border estates.

The law establishes that any person of legal capacity may make a will freely, distributing their estate as they choose. It also sets out the rules of intestate succession — what happens when someone dies without a valid will — and defines who qualifies as a legal heir and in what order. Israeli inheritance proceedings are administered either through the Registrar of Inheritances, a division of the Ministry of Justice, or through the family courts depending on the complexity and circumstances of the case.

Inheriting Israeli Property From the U.S.: The Probate Process

For a U.S.-based heir to receive or transfer Israeli assets — whether property, bank accounts, or other holdings — they must first obtain either a probate order (צו קיום צוואה, where a will exists) or a succession order (צו ירושה, where there is no will) from the Israeli authorities. This is the legal document that formally establishes your rights as an heir under Israeli law.

The process runs through the Registrar of Inheritances and involves submitting an application with supporting documentation — including a death certificate, identification documents, and in the case of a probate order, the original will. Applications can be submitted online through the Ministry of Justice portal or manually through a licensed Israeli attorney acting under a Power of Attorney.

For U.S.-based heirs, the practical reality is that almost all of this process is handled remotely through an Israeli lawyer holding a duly executed power of attorney — meaning you do not need to travel to Israel to complete it. The firm handles this regularly for clients across the United States, managing the entire process from application through to final registration of property at the Israel Land Registry.

Who May Make a Will in Israel?

Under the Inheritance Law, any adult of sound mind has the right to make a will and determine how their estate is distributed after their death. The law specifically excludes minors and those who, due to a mental or cognitive limitation, are unable to understand the meaning and implications of making a will.

Attorney Schachar advises clients who have concerns about capacity — particularly elderly or seriously ill testators — to obtain a medical opinion close to the time of drafting the will, confirming their fitness and understanding. This step, while not legally required, significantly reduces the risk of the will being challenged after death on grounds of incompetence.

Types of Wills Recognized in Israel

Israeli law recognizes four valid forms of will, each with its own formal requirements:

1. Handwritten will — written entirely by hand by the testator (not typed or printed), dated, and signed. It requires no witnesses, which makes it the simplest to execute but also the most vulnerable to challenge, since there are no independent witnesses to attest to the testator’s identity or state of mind at the time of writing.

2. Will with witnesses — the most widely used and recommended form. The will is a written document signed by the testator in the presence of two witnesses, who also sign. The witnesses must have no personal interest in the will — they cannot be beneficiaries or related to beneficiaries. Their role is to attest that the testator signed the will, not to verify competence. The presence, conduct, and subsequent testimony of witnesses can become critical if the will is later contested in court.

3. Will before an authority — submitted to or drawn up through a recognized legal authority: a judge, a member of a religious court, the Registrar of Inheritances, a court registrar, or a licensed notary. The will can be written and submitted, or dictated orally and recorded by the authority. This form carries significant weight and is difficult to challenge.

4. Oral will — permitted only in exceptional circumstances, specifically for a person on their deathbed or facing imminent mortal danger who is unable to make a will by any other means. The testator dictates their wishes to two witnesses who understand them, and those witnesses must record the words in writing as soon as possible. If the testator survives for more than one month after making an oral will, it is automatically revoked.

What Happens If There Is No Will?

When a person dies without a valid will, the Inheritance Law determines how the estate is distributed among legal heirs. The order of priority is broadly as follows: the deceased’s spouse and children share the estate (in proportions set by the law); if there are no children, the parents inherit; if there are no parents, the grandparents or siblings may inherit. If no qualifying family members exist, the estate passes to the State of Israel.

To exercise inheritance rights in the absence of a will, heirs must apply to the Registrar of Inheritances for a succession order. This is the legal document that establishes each heir’s entitlement and allows Israeli assets to be transferred or sold. For overseas heirs, this process is typically handled by an Israeli attorney acting under a power of attorney.

The Role of a Wills and Inheritance Lawyer

Attorney Schachar identifies several points in the inheritance process where legal representation is not just helpful but genuinely protective of your interests:

Drafting a will that holds up. A will that contains ambiguous language, fails to properly identify heirs or assets, or overlooks formality requirements is an invitation to dispute. An experienced inheritance lawyer ensures the document is airtight from the outset — reducing the risk of challenges after death.

Contesting or defending a will. If you believe a will was made under undue influence, when the testator lacked capacity, or in circumstances that cast doubt on its authenticity, there are legal grounds to contest it before the courts. Equally, if you are the beneficiary of a will that is being challenged, you need representation that can defend it effectively. For more on this, see the firm’s page on inheritance disputes and challenges in Israel.

Managing the probate application. Navigating the Registrar of Inheritances, assembling the correct documentation, responding to objections, and following the application through to a valid order requires familiarity with the process that most overseas heirs simply do not have.

Realizing the estate. Once a probate or succession order is obtained, the estate still needs to be administered — property transferred at the Land Registry, bank accounts released, assets sold or distributed. The firm handles this end-to-end.

Interpreting a Will

When the language of a will is unclear or capable of more than one interpretation, Israeli law directs that it be interpreted according to the true intent of the testator — drawing first from the will itself, and only then from the external circumstances surrounding its drafting.

As Attorney Schachar explains: “In cases where the content of the will can be interpreted in several ways, the most important rule is to interpret it according to the intent and desire of the testator, as implied by the circumstances. Only when that intent is not clear from the will itself do we look to external evidence.”

This is one more reason why careful, precise drafting at the outset — with a lawyer who understands both the legal requirements and the practical risks — avoids costly disputes later.

Inheritance and Real Estate: The Overlap

A significant portion of Israeli cross-border inheritance cases involve real estate — apartments, land, or commercial property registered at the Israel Land Registry or held through the Israel Land Authority. Transferring or selling inherited property requires both the inheritance order and the subsequent real estate process to be completed correctly. The firm’s experience across both inheritance law and real estate law means these can be handled together, without the cost and complexity of engaging multiple lawyers.

This page was written by Attorney Rachel Schachar, a licensed inheritance and wills lawyer and notary in Israel since 2004, and a registered member of the Israeli Bar Association.

Contact us for a confidential consultation about inheriting property or administering an estate in Israel.