A practical guide explaining who the Registrar of Inheritance Affairs is, which applications the Registrar handles and how to file them correctly the first time. Includes an explanation of when it is worth seeking legal advice before filing the application.
The Registrar of Inheritance Affairs is the competent authority on behalf of the Administrator General at the Ministry of Justice, whose role is to review applications for an inheritance order or a probate order that are not disputed among the heirs. When an objection is filed or a dispute between the parties emerges, the Registrar transfers the file to the Family Court, which decides it in full judicial proceedings. This article covers the Registrar's role, the types of applications filed with the Registrar, the actual stages of the process, the mistakes that delay it, and when legal guidance is needed at all to navigate all of these.
Who the Registrar of Inheritance Affairs is and what the Registrar's role is under the Succession Law
The Registrar of Inheritance Affairs is not a judge and does not sit in a court. It is an administrative authority acting on behalf of the Administrator General, empowered under the Succession Law, 5725-1965, to review applications concerning the estate of a deceased person and to grant an order on them, provided there is no dispute regarding them among the interested parties.
In practice, the role of Registrar of Inheritance Affairs is performed by the deputies of the Administrator General, who are divided by districts across the country. Each district handles applications concerning the estates of deceased persons whose last place of residence was within its jurisdiction.
The main difference between the Registrar and the Family Court is simple: the Registrar reviews "quiet" applications, meaning applications with no objection and no dispute between heirs or between beneficiaries under a will. The Family Court, by contrast, is the body that hears cases involving a dispute, a claim of a defect in the will, or doubt regarding the parties' rights.
An order from the Registrar of Inheritance Affairs is required in practice to exercise rights in an estate. Without an inheritance order or a probate order, banks, Land Registry Offices (Tabu), insurance companies, provident funds and other bodies will not allow heirs to withdraw funds, transfer assets or receive rights in the name of the deceased. The order is the official document proving who is entitled to receive their share of the estate, and to what extent.
It is also important to stress what the Registrar does not do: the Registrar does not determine the actual division of a specific asset between heirs (for example, who receives the apartment and who receives the savings), but only each heir's relative share of the estate as a single whole. The division of the specific assets among them, if not agreed in advance, is a separate matter that heirs can settle in a division agreement and, if necessary, also by a further application to the appropriate forum.
Which applications are filed with the Registrar of Inheritance Affairs
Not every application that reaches the Registrar of Inheritance Affairs is an application for an inheritance order. There are several different applications, each suited to a different legal situation, and each with its own requirements.
Application for an inheritance order (when there is no will)
When a person dies without leaving a will, or no will is found at all, their heirs are determined according to the order of succession set out in the Succession Law. In such a case, an application for an inheritance order is filed with the Registrar, in which the Registrar determines who the legal heirs are and the relative share of each of them in the estate.
The Registrar examines the circle of heirs according to the law: a spouse, children, and in their absence other relatives according to an order of priority set by law. The division of the estate in an inheritance order is therefore made according to law, and not according to any wish of the deceased, since no document remains that expresses such a wish.
Application for a probate order (when there is a will)
When there is a will left by the deceased, an application for a probate order is filed with the Registrar. The Registrar examines whether the will meets the formal requirements set by the legislature: whether it is in writing, whether it is signed by the testator, whether witnesses were present in the case of a witnessed will, and whether everything required for that type of will has been attached.
The Registrar does not examine the content of the will in terms of fairness or reasonableness, but mainly its compliance with the formal requirements and the absence of an objection from anyone entitled to file one. If the original will is submitted, a death certificate is attached, and no objection is filed within the set period, the Registrar may grant the order.
Anyone interested in further detail on this process can read the article Probate Order: The Complete Guide to Filing the Application.
Additional applications: appointment of an estate administrator, renunciation of inheritance, estate inventory
Beyond the two main types of orders, additional applications can be filed with the Registrar, depending on the circumstances of the estate:
- Appointment of an estate administrator: Required when the estate is complex, includes many assets or businesses, or when a dispute between the heirs over the manner of division is expected. The estate administrator gathers the assets, settles debts and handles the actual distribution.
- Affidavit of renunciation of inheritance: A situation in which an heir announces that they waive their share of the estate, in whole or in part, before the order is granted. The renunciation changes the way the estate is divided among the remaining heirs.
- Estate inventory: Documents the deceased's actual property, and is sometimes required as an additional step toward an orderly division of the assets among the heirs.
Regarding renunciation, it is important to distinguish between two situations: renunciation before the order is granted, which is filed as a separate affidavit and affects the way the estate is divided in the order itself, and renunciation after the order is granted, which requires a separate and more complex procedure, and sometimes the involvement of the tax authorities, depending on how the renounced share is transferred. An heir may renounce generally, in favor of all the other heirs proportionally, or renounce in favor of one specific heir, and each option has different implications for the actual division of the estate.
The appointment of an estate administrator, for its part, can be made either by the Registrar or by the Family Court, depending on the circumstances. When all the heirs agree on the need for an estate administrator and on who it will be, and there is no other dispute, the application can be heard by the Registrar. When there is a dispute over the very need for an administrator, over who it will be, or over the administrator's powers, the matter is transferred to the court.
The following table summarizes the main differences between the two most common orders:
| Aspect | Inheritance order | Probate order |
|---|---|---|
| When granted | When there is no will | When there is a valid will |
| What is examined | The circle of heirs under the law | Compliance with formal requirements |
| Basis for determining the heirs | Statutory order of succession | The provisions of the will itself |
| Additional key document examined | Death certificate and heirs' affidavits | The original of the will itself |
| Who can file an objection | A statutory heir whose share is harmed | Anyone entitled to be an heir or beneficiary |
Statutory division of the estate: the order of heirs when there is no will
One of the most common questions among those coming to the Registrar of Inheritance Affairs for the first time is exactly how the estate is divided when there is no will. The Succession Law sets a fixed order of priority, which cannot be changed according to the personal preference of any of the parties.
In general, the order is as follows: the deceased's spouse always enters the circle of heirs, and alongside them, if any, the deceased's children (or their descendants, if any of the children died before the deceased). If there are no children or descendants, the circle passes to the deceased's parents, in their absence to brothers and sisters, and then to other relatives according to an order set by law.
The relative share of the spouse varies depending on who else is in the circle of heirs. When there is a spouse and also children, the spouse is entitled to a certain share of the estate, and the rest is divided among the children in equal shares. When there is a spouse and also parents of the deceased (but no children), the spouse's share is larger. When the spouse has no competitors at all among the other relatives, they are entitled to the entire estate. In addition, the law grants the spouse a prior right to the shared household movables and to the rights in the shared residential apartment, before the rest of the estate is divided among the heirs.
For example, when a deceased person left a spouse and one child, and had no will, the Registrar will examine the entitlement of each of them according to these rules, and will set out in the inheritance order the exact relative share of each heir. A similar mechanism also applies in more complex cases, such as a deceased person who left a spouse and children from several relationships, in which all the children are considered heirs with equal rights, regardless of the marriage within which they were born.
A point worth emphasizing: a common-law partner may be entitled to inheritance rights parallel to those of a spouse, subject to conditions set by law and case law, and therefore every such case requires an individual examination of the circumstances and not a sweeping assumption either way.
Branches of the Registrar of Inheritance Affairs across the country
The Registrar of Inheritance Affairs operates in several districts across the country, and each district has authority to handle applications concerning the estates of deceased persons whose last place of residence was within that district. This is a point many people get confused about: jurisdiction is determined by the deceased's last place of residence, not by the place of residence of the heirs or the applicant.
Therefore, before filing an application, it is important to check which district the deceased lived in during the last period of their life, and not to rely on the place of residence of whoever is actually filing the application.
Branch addresses, public reception hours and contact details may be updated from time to time. It is advisable to check current details on the official website of the Registrar of Inheritance Affairs before any inquiry, to avoid arriving at an address or calling a phone number that is no longer valid.
Today a large share of filings are made through the Registrar's online system, so physically attending a branch is not required in many cases. For those living abroad, or far from the relevant district in Israel, it is possible to file the application through an authorized representative acting on their behalf, or to file it online remotely, subject to meeting all the formal requirements.
When heirs live abroad, or when relevant documents (such as a death certificate or an identity card) were issued by a foreign authority, a notarized translation and an apostille are sometimes needed for the document to be accepted by the Israeli Registrar. It is advisable to check in advance which documents require such certification, since obtaining an apostille and translation may take time, and to time the filing accordingly.
How to file an application with the Registrar of Inheritance Affairs step by step
Filing an application for an inheritance order or a probate order consists of several fixed stages. Skipping a stage, or filing a partial application, is one of the common reasons for delays and for requests from the Registrar to complete missing items.
Step by step
- Gathering basic documents: The deceased's death certificate, identity cards of the deceased and of all the heirs, and the original will, if there is one.
- Mapping the circle of heirs: Precisely identifying everyone who may be considered a statutory heir, or a beneficiary under the will, including checking complex family situations such as children from previous relationships, or heirs who have themselves died and whose descendants must be examined.
- Completing the appropriate form: An application for an inheritance order or an application for a probate order, depending on the circumstances, through the Registrar's online system.
- Attaching affidavits and paying the fee: Affidavits supporting the details of the application are required, along with payment of the fee set in the regulations. The exact fee amount may be updated from time to time, and it is advisable to check it on the Registrar's website at the time of filing.
- Sending notices: Notice of the application must be sent to all statutory heirs and to all beneficiaries under the will, as required by the Succession Regulations.
- Publication of the application and waiting period: The application is published, and a set period opens during which anyone who wishes to object can file an objection.
- Tracking the application: While the application is pending, it is advisable to check its status in the online system from time to time, and to respond promptly to any request for missing items from the Registrar.
- Granting the order: If no objection was filed within the set period, and the application is complete and in order, the Registrar may grant the requested order.
Online filing
Most applications today are filed through the online system of the Registrar of Inheritance Affairs. The main advantages are saving time and a physical visit to a branch, the ability to track the status of the application, and clearer guidance on the form's formal requirements.
Manual filing for those who are not represented
Manual filing, in person or by mail, is intended mainly for those who are not represented by a lawyer and cannot complete the online filing. In such a case, it is important to contact the relevant branch and obtain precise instructions on how to file.
When the applicant is not one of the heirs themselves, but a representative acting on their behalf (a lawyer or another attorney-in-fact), an appropriate power of attorney must be attached, establishing the authority to act on behalf of the heir or heirs.
Which documents are required for the application
| Document type | Application for an inheritance order | Application for a probate order |
|---|---|---|
| Death certificate | Required | Required |
| Heirs' identity cards | Required for all known heirs | Required for all known heirs |
| Original will | Not applicable | Required, in the original |
| Supporting affidavits | Affidavit of heirs and family circle | Affidavit of applicant and witnesses, as applicable |
| Fee | Required | Required |
| Documents from abroad (if applicable) | Notarized translation and apostille | Notarized translation and apostille |
How long the Registrar takes to process an application
There is no point in setting a fixed number of days or weeks in advance, because the processing time of an application depends on several variable factors: the type of application (inheritance order or probate order), the completeness of the documents submitted, and the current caseload in the district where the application is filed.
In general, an application filed in full, with all the required documents and no errors in the heirs' details, is usually reviewed faster than an application that requires supplements or corrections. Every return to the application, following a request to supplement a document or correct a detail, extends the overall processing time.
Another factor affecting the timeline is the period set in the regulations for filing an objection from the moment the application is published. As long as this period has not passed, the Registrar will not issue the order, even if the documents themselves are entirely in order. Therefore, even with a "perfect" application, there is a minimum period that must pass before the order is issued, and it cannot be shortened by a faster or more complete filing.
The most common factors that extend processing time are:
- Missing or defective documents, such as an unclear death certificate.
- Incorrect or incomplete heir details.
- Failure to deliver notices as required to everyone who must be notified of the application.
- Documents from abroad that have not yet been translated or received an apostille.
- The filing of an objection, which transfers the case to the court.
The practical recommendation that follows is simple: prepare the application completely and accurately from the start, and do not settle for a partial filing in the hope of completing details later. This significantly reduces the chance of delays on the Registrar's side. You can also check the current status of an application already filed through the Registrar's online system.
How to locate an existing case, application or inheritance order
Sometimes you need to check whether an application has already been filed regarding a particular estate, or to locate an order that was issued in the past and was lost or is needed again. Such a search is possible in the system of the Registrar of Inheritance Affairs, usually by the deceased's ID number, or by the case number, if known.
It is important to distinguish between two types of search:
- Locating an open case: When an application has already been filed and is still being processed, you can check its status and the stage it has reached.
- Locating an order already issued: Inheritance orders and probate orders that have been issued are published in the official register, and can be searched by the deceased's details or by case number, where the order was completed some time ago.
When should you request a copy of an existing order? Mainly when the order must be presented to a bank, the Land Registry Office, an insurance company or any other body that requires official proof of entitlement in the estate, and the original copy is not at hand.
If the case cannot be found in the system, check a few things before drawing conclusions: whether the search was conducted in the correct district, according to the deceased's last place of residence, and whether the exact spelling of the name as recorded on the ID card was entered correctly. If the search still returns no result, it is advisable to call the relevant branch directly.
Important to know: not every digital document or self-printed order is automatically accepted by every external body. Certain bodies, such as banks or Land Registry Offices, may require a certified copy or an official stamp, and not just a simple printout from the online system.
An inheritance order or probate order that has been issued remains in force and does not "expire" merely through the passage of time. However, if new facts come to light after the order is issued, such as an heir who was not included in it, or a later will that was not known, an application may be filed to cancel or amend the order, a proceeding that is usually transferred to the Family Court for determination.
When the case moves from the Registrar to the Family Court
Once an objection is filed against an application, its handling moves from the Registrar of Inheritance Affairs to the Family Court. This happens precisely when there is a genuine dispute between the parties, and not merely a minor disagreement over details.
Examples of situations that transfer the case to judicial determination:
- Doubt as to the testator's legal capacity at the time the will was made, according to the tests set out in the Legal Capacity and Guardianship Law, 5722-1962.
- A claim of a defect in the making of the will, for example regarding the presence of the witnesses or the manner of signing.
- A claim of undue influence on the testator at the time the will was made.
- A dispute between statutory heirs regarding their identity or their share in the estate.
- A claim that a later will exists, which revokes or amends the will submitted to the Registrar.
Once such an objection has been filed, the Registrar no longer handles the application independently. The matter moves to the Family Court, which holds hearings and examines evidence, and sometimes an expert opinion is also required, for example on questions concerning the testator's cognitive state.
The following table presents the main differences between the proceeding before the Registrar and the proceeding in court, to clarify what actually changes when an objection is filed:
| Aspect | Proceeding before the Registrar of Inheritance Affairs | Proceeding in the Family Court |
|---|---|---|
| Nature of the proceeding | Administrative, based on documents and affidavits | Judicial, including hearings and evidence |
| Condition for opening | No dispute between the parties | Filing of an objection or a genuine dispute |
| Type of evidence | Written documents and affidavits | Oral testimony, expert opinions, cross-examinations |
| Expected duration | Relatively short, subject to the objection period | Varies with the complexity of the dispute |
| Outcome of the proceeding | Inheritance order or probate order | A judgment deciding the disputed issue |
The court proceeding differs substantially from the proceeding before the Registrar: it includes hearing witnesses, submitting documents and arguments, and sometimes a longer duration, depending on the complexity of the dispute. After the court decides the disputed issue, it is the court, not the Registrar, that actually issues the requested order, and this concludes the proceeding as far as the deciding body is concerned.
Anyone facing such a situation is advised to read more in the article Objecting to a Will: When It Is Possible and How It Works.
Common mistakes that delay the handling of an application
Many of the delays at the Registrar of Inheritance Affairs stem from recurring mistakes that can be prevented relatively easily, if the application is checked carefully before filing.
- Filing in the wrong district: Filing the application according to the applicant's own place of residence, instead of the deceased's last place of residence.
- A problematic death certificate: Failure to attach an original death certificate, or attaching a defective or illegible copy.
- Incomplete heir details: Inaccurate listing of heirs, and in more serious cases, omitting an heir from the application entirely.
- Failure to give proper notice: Skipping the obligation to deliver notice to everyone entitled to be notified of the application, as required by the regulations.
- A will that does not meet the formal requirements: For example, missing witness signatures as required for the relevant type of will.
- Documents from abroad without an apostille or translation: Submitting a foreign document as is, without the required notarized translation or certification, which leads to a request for supplementation.
- Waiting too long before filing the application: Delaying the filing may later complicate the administration and distribution of the estate's assets, and make it harder to locate heirs or required documents.
Summary recommendation: before any filing, check all the documents and all the application details against the official list of requirements, and do not rely on the assumption that the documents are "surely fine". Such a check, even if it seems simple, usually saves an entire round of later corrections.
When to use a lawyer before the Registrar of Inheritance Affairs
Not every case requires legal representation, but there are situations in which professional guidance makes a real difference to the outcome, not in terms of the rights themselves, but in terms of the speed and correctness of the handling of the application.
Legal guidance is recommended particularly in the following cases:
- An estate that includes complex assets, such as real estate in several locations, an active business or assets abroad.
- A large number of heirs, which increases the chance of error in locating all the relevant parties.
- A real concern of an objection by any of the heirs or beneficiaries.
- A complex family situation, such as previous marriages, children born outside marriage, or past disputes between family members.
- Heirs living abroad, requiring the handling of foreign documents, translation and apostille.
An inheritance lawyer can make sure the application is filed completely and accurately from the very first submission, so that fewer delays and resubmissions accumulate on the Registrar's side. Once an objection has already been filed, and the transfer to the Family Court has become a done deal, the value of professional legal guidance rises significantly, since the judicial proceeding is more complex and requires familiarity with the relevant rules of procedure, evidence and arguments.
Every case is a matter of its own, and the precise review of the circumstances, the documents and the family circle takes place at a personal meeting. At the office of Adv. Shay Zohar, which practices family and inheritance law in Ramat Gan, every matter begins with a personal meeting at the office, by prior appointment, in which the specific circumstances of the estate are examined and the right path forward is mapped out. Inheritance cases at the office are handled in cooperation with Adv. Eliyahu Richter, and are suitable for private clients and companies, from across Israel and abroad. To schedule a meeting, contact us on WhatsApp or by phone at 054-668-0699.
Frequently asked questions
What is the difference between the Registrar of Inheritance Affairs and the Family Court?
The Registrar of Inheritance Affairs handles applications for an inheritance order or a probate order that are not in dispute. Once an objection is filed or a dispute between heirs emerges, the matter is transferred to the Family Court, which examines the evidence and arguments and decides in full judicial proceedings.
How do you file an application with the Registrar of Inheritance Affairs online?
Online filing is done through the Registrar's dedicated system, after completing the appropriate form (inheritance order or probate order), attaching the required documents such as a death certificate and the original will, and paying a fee. It is advisable to make sure all documents are complete before filing to avoid delays.
How do you locate an inheritance order by ID number?
Orders that have already been granted can be searched by the deceased's ID number on the official website where inheritance orders and probate orders are published. If the order is not found, check the relevant district and the exact spelling of the name.
What is the phone number of the Registrar of Inheritance Affairs?
Phone numbers vary between the different branches and may be updated from time to time. It is advisable to check the most current details on the official website of the Registrar of Inheritance Affairs, according to the district of the deceased's last place of residence.
Is it mandatory to be represented by a lawyer before the Registrar of Inheritance Affairs?
There is no general requirement for representation, and an application can be filed independently. However, in complex estates, where there are many heirs or a risk of objection, legal guidance can help file a complete application and reduce delays.
What is the difference between an inheritance order and a probate order?
An inheritance order is granted when there is no will, and the heirs are determined according to the statutory order of succession under the Succession Law. A probate order is granted when there is a valid will, and the Registrar checks that it meets the formal requirements set by law.
Is there a fee to pay for the application to the Registrar?
Yes, filing an application for an inheritance order or a probate order is subject to payment of a fee set in the Inheritance Regulations. The exact fee may be updated from time to time, and it is advisable to check it on the official website of the Registrar of Inheritance Affairs at the time of filing, rather than relying on outdated information.
What happens if an heir lives abroad and an affidavit cannot be obtained from them quickly?
When an heir lives abroad, it is usually possible to rely on an affidavit signed and certified before an authorized foreign notary, subject to an apostille or other certification under the relevant law. Delay in obtaining such a document is a common cause of longer processing of the application, so it is advisable to start the process as early as possible.
Can an application filed with the Registrar of Inheritance Affairs be cancelled?
Yes, as long as the order has not yet been issued, it is usually possible to ask the Registrar to cancel or withdraw the application, for example if new information has come to light or a will has been found that was not known at the time of filing. After the order is issued, amending or cancelling it requires a separate proceeding, and the matter is sometimes transferred to the Family Court for determination.
Does an adopted child inherit like a biological child?
Yes, as a rule, an adopted child is considered the child of the adoptive parent for all purposes relating to statutory inheritance, equally with a biological child, from the moment the adoption has been lawfully completed. Individual cases with unusual circumstances should be examined on their merits.
This article provides general information only and does not constitute legal advice for a specific case. Every estate, will or dispute between heirs involves its own legal and factual circumstances, so it is advisable to obtain individual advice before filing any application with the Registrar of Inheritance Affairs. Those who wish to learn more about other inheritance topics can browse more articles on inheritance, or contact the office Adv. Shay Zohar, Family and Inheritance Law in Ramat Gan to schedule a personal consultation.
The information in this article is general and does not constitute legal advice or a substitute for a meeting with a lawyer. Every case is examined according to its own facts.
