Everything you wanted to know about the rights of heirs in transactions and land in Israel

Table of Contents

Execution of inherited transactions

A testator cannot direct what will be done with his estate (assets, money, rights, etc.) after his death, except in a will

A future heir may make a transaction in the property that he will inherit

The distinction between an estate transaction and an inheritance transaction may be complex and it is advisable to consult a lawyer before performing any future inheritance action

Transfer or encumbrance of the part of the estate

• An heir may transfer or mortgage his share of the estate.
• The action must be done in writing, in the period of time between the testator’s death and the time of the distribution of the estate.
• In addition, the heir’s creditors may during this time period submit a request to foreclose the heir’s share in the estate.

Inherited transactions

• A person’s commitment to transfer an asset from his assets after his death – other than in a will – constitutes an inheritance transaction and is void.
• The instruction is intended to preserve the person’s freedom to command, and to prevent a situation where due to pressure and distress, an heir will transfer his inheritance, not according to a will.

Estate transactions

• A person’s obligation to transfer property to another person – which he inherited or will inherit – constitutes a transaction in the estate and is permitted.
• However, the right of inheritance cannot be waived while the testator is alive, and another person cannot be made an heir other than according to the will.

Registration of heirs’ rights in real estate

Heirs who have inherited rights to real estate can register their inheritance rights at the Land Registry Office

Inheritance of the rights can be done according to an inheritance order, a will maintenance order or according to an agreement between the heirs after one of the orders has been issued

Before submitting the application, it must be verified that the testator was indeed the owner of the rights to the land

The application involves paying a fee of NIS 170 (as of 2023)

Heirs who inherit rights to real estate can register their rights at the Land Registry Office (TABO) in whose territory the real estate is registered.

pay attention

• This page deals with the registration of the rights of real estate registered in the Land Registry Office (TABO).

Target population and prerequisites

• Those who inherit rights in real estate, according to one of the following:
• Decree of execution of a will.
• An inheritance.
• An agreement between heirs on the manner of distribution of the estate, after a will or inheritance order has been issued.
• It must be verified that the testator did have rights in the real estate, by producing an online registration draft or producing a signed registration draft at the office where the real estate is registered.

Who and how to apply

• The application for registration of inheritance rights is submitted to the land registry office where the land is registered.
• You can locate the relevant bureau by searching by block number or settlement.
• The request will be submitted in one of the following ways:
• By mail, addressed to the relevant office.
• By depositing the file in the relevant bureau during reception hours.
• Online submission – can only be done by lawyers with a suitable smart card. Online submission will only be possible for inheritance registration in accordance with inheritance orders and testament maintenance orders which have been validated by the registrar of inheritance or a rabbinical court only.
• The application involves paying a fee of NIS 170 (as of 2023) which can be paid in one of the following ways:
• When submitting the application online, in which case the fee will be paid by the lawyer submitting the application.
• Through the government payment service on the Internet, at the payment stations located in the bureau.
• At a post office, using a payment voucher that can be obtained at the office.

pay attention

• This page deals with the registration of the rights of real estate registered in the Land Registry Office (TABO).

The steps of the procedure

Required documents

• Application form for real estate registration.
• The request must be signed by at least one of the heirs, and verified by a lawyer or registrar.
• If an estate manager is appointed, the application will be signed by him and verified by a lawyer or registrar.
• An application verified by a consul will not be accepted.
• If the application concerns different properties registered in the same bureau (for example, two different apartments registered in Rosh Ha’Ain), it is recommended to list all the properties on the same application.
• If the application is submitted online, it must be accompanied by a written declaration and commitment from an attorney for online submission in order to record transactions and various actions, if there is a problem opening the form, follow the instructions in the manual.
• If the decree of execution of the will or the decree of inheritance was approved by the registrar of inheritance matters, it is not necessary to attach the decree, but only to indicate the details of the deceased in the application (name and identity card).
• If the order of inheritance or the order of execution of the will was not approved by the registrar of inheritance matters, but by another competent authority, the original order approved by the competent authority must be submitted.

Types of Transactions

• A faithful copy of the original can be submitted instead of an original order, provided that it is approved by the authority that approved the order (for example, if the order was approved by an authorized religious court, the copy must also be approved by the same court that approved the order).
• Alternatively, a copy certified by a notary can be submitted. A copy certified by a notary may be more expensive than a faithful copy certified by a competent authority.
• In case the heirs (or other parties) are partners in the real estate, the sharing agreement between the parties can also be registered.

Processing of an application submitted to the bureau manually or by mail

• Upon receipt of the application at the relevant land registry office, an action file will be opened.
• At each end of the case handling phase, an update will be sent to the file submitter via text message or e-mail.
• The documents will be examined and if the application is found to be valid for registration, the operation will be registered and a confirmation letter will be sent to the file submitter to the e-mail address indicated in the application.
• If deficiencies are found in the submitted documents, the case will be rejected.
• A letter of rejection will be sent to the file submitter to the e-mail address he indicated in the application.
• The file will be kept at the registration office for 7 days during which it will be possible to come and collect the file. If the file is not collected within 7 days, it will be mailed to the applicant’s address.
• It will be possible to resubmit the application together with the amendments referred to in the rejection letter.

Treatment of an application submitted online

• After processing at the bureau, a confirmation of the registration of the action or the committee on the postponement of the action stating the reason for the postponement will be sent to the e-mail address specified in the submission of the application.
• The lawyer identified as the applicant will be able to view the details of the application, the documents submitted by him and the rejection letter or the reason for the delay.
• The lawyer who submitted the application will be able to submit it again after making the necessary corrections detailed in the echo letter her life or delay.
• In any case, a new written statement must be attached by the lawyer who submits the request a second time.

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