Inheriting Property in Israel While Living in the United States: Legal Rights, Probate Requirements, and Remote Legal Process
An article by Adv. Rachel Schachar, Specialist in Family Law, Wills and Inheritance
This is a question I am frequently asked by many of my clients in the United States. I am providing a comprehensive legal answer on my website for informational purposes, in order to clarify the legal framework and practical steps involved in inheriting property in Israel while residing abroad.
I am an Israeli citizen residing in the United States, and I am an heir to property and assets located in Israel by virtue of inheritance. I would like to understand what my legal rights are as an heir under Israeli law, what procedures I must undertake in order to realize the inheritance in Israel, whether a Grant of Succession or Probate Order is required in Israel even when I reside abroad, and what the procedural implications are that apply to me as a non-resident heir.
In addition, I would like to understand whether it is possible to carry out all proceedings remotely through a power of attorney, and what is the most efficient and appropriate way to register the assets in my name.
As an Israeli citizen residing in the United States and an heir to assets located in Israel, you are required to file an application for a Succession Order or Probate Order in Israel, as a foreign succession order is not automatically recognized. These proceedings declare your rights as an heir and serve as the legal basis for registering the assets in your name. They may be carried out remotely through a power of attorney.
Under Israeli law, upon a person’s death, their estate passes to their heirs immediately. A Succession Order or Probate Order does not create rights, but rather declares the existing rights of the heirs and their proportional share in the estate. Succession Orders and Probate Orders are considered judgments in rem, meaning they are effective against the whole world unless amended or revoked.
A foreign Succession Order is considered a “foreign judgment” and is not automatically recognized in Israel.
In order for it to have effect in Israel, it must be recognized under the Enforcement of Foreign Judgments Law. The accepted legal practice is to obtain a new Succession Order or Probate Order in Israel under the Inheritance Law, rather than relying on enforcement of a foreign order, since a Succession Order is declaratory rather than constitutive. Incidental recognition of a foreign order may be possible only where the determination of heirs is not a material issue, but generally it is considered material.
An Israeli court has jurisdiction over the estate of any person whose domicile at the time of death was in Israel or who left assets in Israel. This jurisdiction extends to all assets of the estate, wherever located. However, the court retains discretion regarding the exercise of jurisdiction, including considerations of forum non conveniens, although in succession proceedings the order is declaratory in nature.
The determination of heirs and their rights is carried out through an application for a Succession Order or Probate Order under the Inheritance Law and applicable regulations. The application is submitted to the Registrar for Inheritance Affairs in the district where the deceased was domiciled at the time of death, or if the deceased had no domicile in Israel, to the district where estate assets are located. The application must include a death certificate, and in the case of a will, the original will, as well as proof of service of notice to the heirs. Documents in a foreign language (other than English) require a notarized translation into Hebrew or Arabic.
The proceedings for obtaining a Succession Order or Probate Order may be conducted through legal representation by means of a duly executed power of attorney . Where the applicant is represented by an attorney, a power of attorney must be attached to the application.
In order to register rights in real estate in your name as an heir, an application must be submitted to the Land Registry Office where the property is registered. The application must include a valid Succession Order or Probate Order issued or approved by a competent Israeli authority.
About the Author
Adv. Rachel Shachar is a highly experienced attorney specializing in family law, wills, and inheritance, with many years of proven expertise in handling complex cross-border estate matters. Her practice focuses on representing international clients, particularly U.S. residents with legal interests in Israel, providing precise, strategic, and efficient legal solutions tailored to each case. Adv. Shachar is widely recognized for her deep understanding of Israeli inheritance law and her ability to manage legal proceedings remotely with the highest professional standards.
If you are dealing with inheritance matters in Israel while residing abroad, you are invited to contact our office for professional legal guidance and personalized assistance throughout the entire process.
