Application for the appointment of an estate manager (inheritance) in Israel

Lawyer for wills Rachel Schachar in an interview What is the law of inheritance? What does he determine?

A lawyer for wills matters can help us a lot in understanding the law of inheritance which is a law with many sections, regulations and rulings, which concern wills, inheritances and estates. The law allows any person to determine, according to his free will, the distribution of his estate after his death in the will document. To make the procedure easier, the law allows anyone to draw up their will also independently and at no cost.

The law allows any person to determine, according to his free will, the distribution of his estate after his death in the will document.

Lawyer Rachel Schachar

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A lawyer for wills matters can help us a lot in understanding the law of inheritance which is a law with many sections, regulations and rulings, which concern wills, inheritances and estates. The law allows any person to determine, according to his free will, the distribution of his estate after his death in the will document. To make the procedure easier, the law allows anyone to draw up their will also independently and at no cost.

Anyone who has an interest in an inheritance or a will, can request to appoint an estate manager to protect the assets of the estate (inheritance) and distribute them among the beneficiaries

The application can be submitted by an heir, a beneficiary or a third party (such as a creditor of the deceased)

As a general rule, an estate manager will be appointed in the event of disagreements between the heirs or in the event that some of the heirs cannot be located

A fee must be paid for the application

For official information, see the website of the Registrar of Inheritance Matters

An estate manager is a professional body whose role, among other things, is to collect the assets of the estate/inheritance (money, property, rights, etc.), pay the debts of the deceased and divide the inheritance among those entitled to it.

For more information 1 7 Application for the appointment of an estate manager (inheritance) in Israel
  • It is usually customary not to appoint an estate manager, even if the deceased specifically stated this in the will, unless it is a particularly complex case such as: disagreements between the heirs, difficulty in locating some of the heirs, heavy and complex debts, rights and assets outside of Israel, minor heirs, heirs for whom a guardian has been appointed and in cases where there is a fear that damage will be caused to the estate.
  • The application for the appointment of an estate administrator must be submitted to the Registrar of Inheritance Matters as a separate application at the same time as submitting an application for an inheritance order or an application for an order to maintain a will (or after an order has been issued).

pay attention

  • If the request is not agreed upon by all parties (heirs, beneficiaries, etc.), it must be submitted to the family court (according to the place of residence of the deceased) and not to the inheritance registrar.
  • However, if the appointment is made according to the provisions of the will, the consent of the beneficiaries according to the will is not necessary.
Customer InformationDetails
ApplicantsHeirs, beneficiaries, or creditors of the deceased
Appointment ConditionsDisagreements between heirs or missing heirs
Fee RequirementPayment for application processing
Submission MethodsOnline, by mail, or in-person
Document RequirementsAffidavit, payment confirmation, power of attorney, consent documents
Review ProcessApplication reviewed by Registrar of Inheritance Matters
Application for Estate Manager Appointment

Target population and prerequisites

  • Each of these can submit an application for the appointment of an estate administrator:
  • An heir who appears in the inheritance order.
  • Entitled by will.
  • Anyone who has an interest in the estate and its distribution (such as a creditor of the deceased or one of the heirs who claims that they are owed money).

Who and how to apply

• First, the fee for submitting the application must be paid (details below).

• The application must be submitted to the Registrar of Inheritance Matters in one of three ways: online, by mail or by receiving an audience (details below).

Filling out the application

  • The application form for the appointment of an estate administrator must be printed and filled out on the website of the Registrar of Inheritance Affairs.
  • The following documents must be attached to the application:
  • An affidavit drawn up and verified by a lawyer detailing the reasons for appointing the estate manager.
  • Confirmation of the payment of the fee (in the Tel-Aviv district and the center, a confirmation of the payment of the first fee only must be attached at the stage of submitting the application – “Application for appointment of an estate manager”).
  • Power of attorney (if the request is submitted by a lawyer).
  • “Consent document” – a document written and signed by the person who is proposed to be the administrator of the estate because he agrees to the appointment. The consent document must contain the following details:
  • His full name and ID number.
  • The full name and ID number of the deceased (or deceased).
  • The details of the consent itself together with his signature.
  • “Consent document” – a document written and signed by all the legal heirs or those entitled according to the will. The consent document must contain the following details:
  • The full name and identity number of all heirs according to law or of all those entitled according to the will.
  • The full name and ID number of the deceased (or deceased).
  • Details of the consent itself together with the signatures of all the heirs according to law or of all those entitled according to the will.
For more information 2 5 Application for the appointment of an estate manager (inheritance) in Israel

pay attention

  • If the request is not agreed upon by all the legal heirs or all the beneficiaries according to the will – the request must be submitted to a family court (according to the place of residence of the deceased).
  • However, if the application is submitted according to the provisions of the will which ordered that a certain person be appointed as an estate administrator, the consent of the winners is not necessary.
Customer InformationDetails
Eligible ApplicantsHeirs, will beneficiaries, interested parties
Eligible CasesFamily matters, except certain exceptions
Matters ExcludedInheritance not originating from family conflict
Subjects of Family MattersPersonal status, alimony, paternity, and more
Right to a Closed HearingAutomatically granted for family matters
Public Hearing AuthorityCourt may order a public hearing
Eligibility for Estate Manager Application

Submitting the application

  • The complete application together with all the documents listed above can be submitted in any of the following ways:
  • Online through the online system of the registrar for inheritance matters. You must select the “Request Locator” tab, enter the details of the deceased and follow the instructions (enter in the “Chrome” browser).
  • At reception desks at the Office of the Registrar of Inheritance Affairs where the order was issued or the application for the order is submitted (two copies of the application must be brought). You have to make an appointment in advance.
  • By mail to the office of the registrar for inheritance matters where the order was issued or the request for the order is submitted (two copies of the request must be sent).
For more information 3 8 Application for the appointment of an estate manager (inheritance) in Israel

pay attention

It is recommended to submit the application as well as pay the fee online (remotely).

Payment of fee

  • Submitting the application involves paying two fees: “Application for the appointment of an estate manager” and “Estate manager payments”.
  • Online payment: Go to the government payment service website and select the two fees from the list: “Application for the appointment of an estate manager” and “Estate manager payments” and follow the instructions.
  • Post Bank: through payment vouchers that can be obtained at the public reception offices of the Registrar of Inheritance Affairs.
  • Automatic payment stations: using a credit card at the automatic payment stations located in the public reception offices of the Registrar of Inheritance Affairs.
Customer InformationDetails
Fee PaymentPayment of application fees online or at Post Bank
Required DocumentsApplication form, affidavit, payment confirmation
Consent DocumentsConsent from proposed estate manager and beneficiaries
Submission OptionsOnline, in-person (by appointment), or by mail
Fee Payment TimingIn Tel Aviv district, second fee paid after approval
Application ReviewReview by Assistant Registrar or Attorney General’s deputy
Application Submission Process

pay attention

In the Tel Aviv district only, the second fee (“executor’s fees”) will be paid only after the application for the appointment of an estate administrator is approved by the registrar of inheritance matters.

The steps of the procedure

  • The request will be forwarded to the assistant registrar for inheritance matters or to the Attorney General’s deputy for review.
  • The Registrar of Inheritance Matters will decide whether to issue an order for the appointment of an estate administrator permanently or temporarily or to reject the request for appointment.

Important Information

  • The application for the appointment of the administrator of the estate must be submitted as a separate application at the same time as submitting an application for an inheritance order or an application for an order to maintain a will (or after an order has been issued).
  • It is advisable to seriously consider whether there is indeed a need for an appointment and to do so only if there is a real and actual need for it, since the appointment of an estate manager may complicate the estate distribution procedure and involve expenses and procedures that may turn out to be unnecessary.
  • If necessary, an application for the appointment of a temporary estate administrator can be submitted even before a decree is issued.
  • The administrator of the estate and the heirs can agree on how to divide the estate (inheritance), even if the division is different from what is stipulated in the will or the inheritance order.
  • It is not possible to appoint an estate manager for only part of the estate or an estate manager who will act on behalf of some of the heirs.
  • If the fee has been paid and not used, you can apply for a refund.
For more information 4 7 Application for the appointment of an estate manager (inheritance) in Israel
Customer InformationDetails
Typical CasesComplex cases, disagreements, missing heirs
Appointment AvoidanceGenerally avoided unless necessary
Impact on DistributionCan complicate distribution procedures
Estate Manager’s RoleCollecting assets, paying debts, and distribution
Family Court JurisdictionRequired for unresolved disputes
Appointment Based on WillConsent of will beneficiaries not required
Considerations for Estate Manager Appointment

Discussion behind closed doors on family matters

A party to a court proceeding in a matter defined as family matters is entitled to have the hearing held behind closed doors

The court has the authority to decide that the hearing (all and or part of it) will be public

Section 68 (e) of the Courts Law states that family matters, as defined in the Family Court Law, except claims under the Law of Inheritance 5755-1965, the cause of which is not a conflict within the family and claims under the Names Law, and according to the Age Determination Law, 5574-1963 – They will be discussed behind closed doors, unless the court has ordered to discuss the matter, in whole or in part, in public.

Who is eligible?

• Any person who is in legal proceedings before a court in a matter defined as family matters.

• The right does not apply to lawsuits in matters of inheritance that do not originate in a family conflict, lawsuits according to the Names Law and lawsuits according to the Age Determination Law 5544-1963.

Subjects defined as family matters

• Claims in matters of personal status, such as marriage and divorce.

• Civil lawsuits between a person (or his estate) and a member of his family (or his estate) related to a conflict within the family, without limitation on the amount of the claim

For more information 10 Application for the appointment of an estate manager (inheritance) in Israel
Customer InformationDetails
Types of Family MattersPersonal status, alimony, paternity, abduction
Family Members IncludedSpouses, children, parents, grandchildren, etc.
Family Conflict CriteriaClaims arising from family relationships
ExceptionsCertain inheritance cases, Names Law, Age Determination Law
Special LawsLaws governing marriage, names, inheritance, etc.
Return of Abducted MinorsCovered, including Hague Convention cases
Subjects Defined as Family Matters

• “Member of his family” is defined as including:

  1. His spouse, including the one known to the public as his wife, his ex-spouse, his spouse with whom his marriage has expired, provided that the subject of the action arises from the relationship that existed between them during the period when they were spouses;
  2. His child, including his spouse’s child;
  3. His parents, his spouse’s parents or their spouses;
  4. His grandson;
  5. His parents’ parents;
  6. His brothers and sisters, his or his spouse’s;
  7. “Parent” is defined as including an adoptive parent or guardian;
  8. A claim for alimony or alimony;
  9. claim for paternity or motherhood;
  10. A claim regarding the return of an abducted minor, including a claim under the Hague Convention Law (Return of Kidnapped Children), 1991-5791;
  11. Prosecution according to these laws:
  12. Marriage Age Law, 577-1950;
  13. Law of names;
  14. Legal Capacity and Guardianship;
  15. Age Determination Law, 5544-1963;
  16. The Law of Inheritance, including a claim that caused a conflict in connection with the inheritance, regardless of the parties;
  17. Jurisdiction Law on Marriage Permits (Special Cases), 5779-1969;
  18. Financial relations law between spouses;
  19. Child Adoption Law, 5571-1981;
  20. Law to prevent domestic violence;
  21. Law on Agreements for Carrying Fetuses.
Application for the appointment of an estate manager inheritance in Israel Application for the appointment of an estate manager (inheritance) in Israel

The process of exercising the right

• The right is automatically granted by the court.

Important Information

  • The court has the authority to order that the hearing (in whole or in part) be public.
  • You can get free legal assistance in family matters from the Legal Assistance Division of the Ministry of Justice, subject to eligibility conditions.

pay attention

In the event that a person published information from a discussion that was conducted behind closed doors without the approval of the court, a tort claim can be filed against him on the grounds of violation of a statutory duty according to Section 63 of the Torts Ordinance (for the violation of Section 70(a) of the Courts Law as well as on the grounds of invasion of privacy according to the Privacy Protection Law.

More Info 7 Application for the appointment of an estate manager (inheritance) in Israel
Customer InformationDetails
Automatic RightGranted by the court for family matters
Court AuthorityMay order a public hearing if necessary
Legal AssistanceFree legal assistance available for family matters
Privacy Violation ClaimsPotential tort claims for unauthorized disclosure
Legal ConsequencesViolation of statutory duty and privacy invasion
Laws ApplicableTorts Ordinance and Privacy Protection Law
Exercising the Right to a Closed Hearing

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