Probate Order: The Complete Guide to Filing the Application and Understanding the Process

A comprehensive guide to the probate order: who is entitled to file the application, which documents are required, and what happens when an objection is filed. The article also explains what happens when there is no will, and how to check the status of an existing application or obtain a copy of the order.

A probate order is a legal approval, granted by the Registrar of Inheritance Affairs or the Family Court, that gives a will binding effect after the testator's death. The order allows the heirs to actually carry out what is written in the will, such as registering assets, withdrawing funds from banks and transferring rights into the heirs' names.

What a probate order is and why it is needed

A signed will is not, on its own, enough to transfer rights in assets. Even if the testator signed the will before witnesses and made it in accordance with the law, the heirs need an official approval that gives it binding legal effect toward third parties: banks, the Israel Land Authority, insurance companies and other bodies.

The body authorized to issue the order is the Registrar of Inheritance Affairs. In cases where a dispute arises, such as the filing of an objection or doubt about the testator's legal capacity, the matter is transferred to the Family Court, which makes the final decision.

Once the order is granted, it serves as strong evidence that the will is valid and reflects the testator's last wishes. On the basis of the order, the heirs can take concrete action: register an apartment in their names at the Land Registry (Tabu), close the deceased's bank accounts and transfer the funds, transfer a vehicle into their names at the Vehicle Licensing Office, or exercise other rights granted to them in the will, such as rights in a private company, in securities or in provident funds.

The difference between a probate order and an inheritance order

A probate order is granted when there is a valid will, and it confirms the will's validity. An inheritance order, by contrast, is granted when there is no will at all, or when the existing will is not valid, and in that case the estate is divided according to the order of heirs set out in the Succession Law, 5725-1965. It is important to know in advance which procedure applies, because the forms and requirements are different.

The following table summarizes the main differences between the two procedures:

Types of wills under the Succession Law and what this means for the application

The Succession Law recognizes several types of wills, and the Registrar examines each one according to its own specific formal requirements. Understanding which type applies matters as early as the stage of preparing the application, because different supporting documents are required for each type.

For example, suppose a handwritten will is found among the testator's personal papers, without witnesses. In such a case, the Registrar will carefully examine whether the entire text was written in the testator's own hand, whether a date appears, and whether there is a signature at the end of the document. If any of these elements is missing, this may raise doubt about the validity of the will, and sometimes even lead to the matter being transferred to the court to examine its validity.

Who may apply for the order

The right to apply for a probate order belongs, first and foremost, to anyone named in the will itself as an heir or as entitled to part of the estate, or to someone acting on that person's behalf. In cases where the court has appointed an estate administrator, the administrator may also be authorized to file the application in certain circumstances, mainly when the heirs do not agree on which of them will file it, or when managing the assets until the order is issued is complex.

When there are several heirs, it is common for one of them to file the application on behalf of all of them, but it is important to stress that every heir named in the will is entitled to review the application and the documents attached to it, and to state their position if they have reservations. An heir who did not receive notice of the application, or did not know about it, may in certain circumstances contact the Registrar and check the status of the proceedings themselves.

A minor, or a person who has been declared legally incompetent, cannot file the application themselves. In such a case, they are represented by a legally appointed guardian, in accordance with the provisions of the Legal Capacity and Guardianship Law, 1962. A guardian acting on behalf of a minor must, in certain cases, also obtain additional approval from the court for actions concerning the minor's property.

Since there is sometimes uncertainty as to which of the heirs should file the application, and who should be a party to it, it is advisable to check this in advance with a lawyer. An early check of this kind saves later delays and prevents a situation in which the Registrar returns the application because of a procedural deficiency.

Which documents are required to file the application

Filing an application for a probate order requires an organized set of documents. Missing documents or errors in them are the most common cause of delay in processing the application, so it is worth preparing the entire following list in advance:

• An original death certificate of the testator, issued by the Ministry of the Interior
• The original will itself, not a copy or a scan, including any annex attached to it
• Full and accurate identification details of all the heirs named in the will, including heirs living abroad
• Supporting affidavits required by the forms of the Registrar of Inheritance Affairs, according to the circumstances of the case
• Payment of a fee, whose amount is set and updated from time to time by the authorities, so it is advisable to check the current amount with the Registrar at the time of filing

When one of these documents is missing, illegible or does not match the identification details in the application, the Registrar may delay processing the application until the gaps are filled. Many applications are delayed for weeks and even months only because of a formal deficiency that could have been avoided.

Stages of the process: how to apply step by step

An application for a probate order proceeds through fixed stages, designed to ensure that anyone who may have an interest in the estate has a reasonable opportunity to learn about the application and respond to it.

Online filing on the website of the Registrar of Inheritance Affairs

The first stage is filing the application in the online system of the Registrar of Inheritance Affairs. At this stage you upload all the required documents: the death certificate, the heirs' details and the supporting affidavits, and pay the required fee. Filling in the details accurately at this stage is very important, because a small mistake can cause a significant delay later on.

Depositing the original will

Alongside the online filing, the original will must be physically deposited with the Registrar, close to the date the application is filed. The Registrar examines the original will to make sure it meets the formal requirements set out in the Succession Law, such as the signatures of the testator and witnesses, depending on the type of will.

Publication of the application and the objection period

After filing, the Registrar publishes a notice of the application, to allow anyone who believes they have an interest in the estate, for example a potential heir under the law, to respond to it. After publication, a fixed period set by law begins, during which an objection to the order may be filed.

If this period has passed and no objection has been filed, and there is no other impediment, the Registrar reviews all the documents and issues the order. Today the order is issued digitally, and at the same time notice is also sent to relevant bodies such as the Land Registry (Tabu) and the banking systems, so the heirs can act on the basis of the order within a relatively short time.

In general terms, this is what a typical sequence of stages looks like in a case with no dispute: preparing the documents, filing online and paying the fee, depositing the original with the Registrar, publishing the application, the objection period passing with no objection filed, and finally issuing the order and sending it to the relevant bodies. As soon as one of these stages runs into a problem, such as a missing document or an approach from an heir who did not receive notice, the entire case may go back to an earlier stage.

Practical tip: before filing, it is advisable to go over the application form and all the attached documents with a lawyer. A review of this kind identifies in advance gaps that could delay processing, and prevents a situation in which the application is returned for completion after weeks of waiting.

How long the process takes and what affects the timeline

It is not possible to guarantee in advance a fixed timeframe for processing an application for a probate order, since this depends on the specific circumstances of each case and on the Registrar's workload at the time of filing.

Several factors tend to lengthen the processing time:

• Missing or defective documents that need to be completed
• Discrepancies in the heirs' details, for example an error in an ID number or an address
• Heirs living abroad, where communicating with them or obtaining certified documents from them takes time, and sometimes requires notarization and an apostille
• The filing of an objection, which moves the case to a different and significantly longer track
• A complex estate, assets located in different countries, or doubt about the testator's legal capacity when signing the will

When the application is filed completely and accurately from the start, with no need for additions, the case moves forward along the ordinary path set by law: publication, the objection period, and then issuance of the order. Organized legal guidance from the beginning of the process considerably reduces the risk of delays caused by formal errors. A lawyer who knows the Registrar's exact requirements can make sure the application is filed completely and correctly from the start, saving the heirs valuable time.

When the case moves from the Registrar to the Family Court

In certain cases, the handling of an application for a probate order does not remain with the Registrar of Inheritance Affairs, but is transferred to the Family Court. This happens in the following circumstances:

• When an objection to the application is filed by someone with an interest in the estate
• When there is doubt about the testator's legal capacity at the time the will was made
• When there is a claim that the will was forged, that undue influence was exerted on the testator, or that there was a defect in the way the will was made
• When the testator was a minor at the time the will was made

Once the case is transferred to the court, it becomes a full legal proceeding in every respect, requiring organized legal representation, the presentation of evidence and sometimes expert opinions, rather than a simple procedural review like the one carried out by the Registrar. The proceeding itself may take significantly longer, include several hearings and the examination of witnesses, and create a need for professional legal advice for all the parties involved, whether they are filing the objection or seeking to uphold the will.

Who may object to the order and what happens when an objection is filed

The right to file an objection to a probate order is not reserved only for the heirs named in the will. Anyone with an interest in the estate, such as a potential heir under the law who is not named in the will, may file an objection within the period set by law.

Common grounds for objection

Among the common grounds for objecting to a will:

• Doubt about the testator's legal capacity at the time the will was made, for example due to a medical or mental condition
• A claim of undue influence by a person who was close to the testator
• A defect in the form of the will, such as missing signatures or missing required witnesses
• Suspicion that the will or the testator's signature was forged

For example, suppose a will leaves the entire estate to one person who was not a relative of the testator, while the children are left with no share at all. Circumstances like these, especially if the will was made at a time when the testator's health was poor, may raise suspicion of undue influence and lead the children to file an objection. Not every one-sided will is invalid, but circumstances of this kind justify a proactive review of the will's validity before filing an objection or defending against one.

What happens after an objection is filed

Once an objection is filed, the Registrar of Inheritance Affairs transfers the case to the Family Court. From that moment, the proceeding becomes a substantive legal one: evidence is heard, affidavits are submitted, and sometimes testimony is also heard from the witnesses to the will or from medical experts.

It is important to understand that an objection is not merely a technical delay, but a legal proceeding with real consequences for who the heirs are and how the estate is divided. Anyone planning to file an objection, or facing an objection filed against a will in which they are named, needs organized legal preparation. Readers who want to learn more about this topic can read Objecting to a Will: When It Is Possible and How It Works.

What happens when there is no will: heirs under the law

Where the testator has died without leaving a valid will, it is not possible to apply for a probate order at all. Instead, the heirs apply for an inheritance order, and the estate is divided according to the order of heirs set out in the Succession Law, 5725-1965.

Order of Heirs under the Succession Law, 5725-1965

The general principle of the law is that the deceased's spouse inherits part of the estate, alongside the deceased's children. Where there are no children, the deceased's parents or other relatives may come into the picture, according to the order of priority set by law. The exact division of shares between the spouse and the children is determined by the provisions of the law and depends on the specific family circumstances.

For example, suppose a person dies leaving a spouse and only one child, with no living parents. In such a case, the law sets a division between the spouse and the child, which also includes separate treatment of the contents of the shared home and the car, in accordance with the specific provisions of the Succession Law. By contrast, where there are several children, the share allotted to the children is divided equally among them, while the spouse's share is determined separately.

When the spouse inherits everything, and when not

There are cases in which the spouse inherits most or all of the estate, and by contrast cases in which their share is more limited because the deceased has children, parents or other relatives. The practical difference between an inheritance order and a probate order is especially important for anyone who is unsure whether a valid will exists, so it is advisable to check this in advance.

Borderline cases require an individual review of the family circumstances: common-law partners, children from the deceased's previous marriages, or heirs who died before the testator and left children of their own, who inherit in place of the deceased parent. A second marriage, where both spouses have children, also sometimes adds complexity to the division of the estate, and in such cases an individual review with a lawyer is important in advance, not only after the death.

Mutual Wills Between Spouses and Common-Law Partners

A mutual will is an arrangement in which two spouses make wills that depend on each other, so that each of them provides in their will that the other spouse will be the main beneficiary of their estate, and sometimes they also agree on what will happen later, after both of them have died, for example in favor of their shared children.

Common-law partners may also make a mutual will, subject to meeting the relevant conditions set by law for this type of will. In principle, there is no difference between married couples and common-law partners in terms of the ability to make a mutual will, but it is important to examine the specific circumstances, including how the common-law relationship itself is documented.

A mutual will has special rules regarding its revocation or amendment after the death of one of the spouses. Because mutual wills depend on each other, a unilateral change to the will by the surviving spouse is not as simple as changing an ordinary will, and sometimes it is not possible at all after the death, particularly where the surviving spouse has already received assets from the estate under the mutual will.

Because of this complexity, it is very important to draft a mutual will carefully, so that no ambiguity arises in the future regarding the parties' intentions, and in particular regarding what is meant to happen after both spouses have died. At our office, a will, including a mutual will, is drawn up in a personal meeting by prior appointment, in which the specific family circumstances and the parties' goals are reviewed, and sometimes its relationship to an existing prenuptial agreement between the spouses is also coordinated, especially in families with children from previous marriages.

Must the will be deposited in advance with the Registrar of Inheritance Affairs?

Depositing the will during the testator's lifetime is an option available to them, but it is not a legal requirement. Anyone who wishes may deposit the original will with the Registrar of Inheritance Affairs during their lifetime, for orderly safekeeping.

The main purpose of an advance deposit is to ensure that the will is easily located after the death, and that there is no doubt as to where it is. Where the will is kept at home, at a lawyer's office or in a private safe, there is a risk that the heirs will not know where to look for it.

Even without an advance deposit, the original will can be submitted as part of the application for a probate order after the death, and this does not affect the proceeding itself. However, anyone who chooses not to deposit the will in advance should make sure that the heirs, or at least one of them, know exactly where it is kept. Otherwise, there may be real difficulty locating it at the right time, which may even lead to a situation where the heirs act on the assumption that there is no will at all, when in fact a later will exists that has not been found.

How to locate an existing application or obtain a copy of the order

Sometimes an heir wants to check whether an application for a probate order has been filed regarding a relative's estate, or to obtain a copy of an order that was already issued. The status of an existing application is checked through the online system of the Registrar of Inheritance Affairs.

To locate an application, the deceased's identifying details are required, such as full name and ID number, and sometimes also the case number, if known. Where the heir does not know the case number, it is usually possible to search by the deceased's details alone.

Once the order has been issued, a copy of the probate order can be requested online, for use with banks, the Israel Land Authority and other bodies that require the order to be presented as a condition for carrying out actions on behalf of the heirs. The official copy is what all of those bodies actually recognize, not a private copy or a scan that the heir keeps.

Where there is difficulty locating the application or obtaining the copy, or where there is a mismatch between the details known to the heir and what appears in the system, it is advisable to contact the lawyer handling the case, or the Registrar of Inheritance Affairs directly, for clarification.

Common mistakes to avoid when filing the application

Practical experience shows that most delays in the probate order proceeding stem from a few recurring mistakes, which can be prevented relatively easily with advance planning:

• Submitting a copy of the will instead of the original, which may delay the entire proceeding until the original is produced
• Inaccurate or missing details of heirs, especially where an heir is abroad and there is no up-to-date information about them
• Not knowing that another or later will exists, which may revoke an earlier will on which the application relies
• Trying to file an application independently, without legal advice, in a case where it is already clear in advance that an objection from one of the family members is expected
• Not checking in advance the testator's legal capacity at the time the will was made, in cases where there is such doubt, for example due to a medical condition known to the family
• Relying on a will that does not meet the formal requirements of its type, for example a handwritten will part of which was typed on a computer, which immediately raises doubt about its validity

Each of these mistakes may lead to a delay of weeks or even months, and in more serious cases, to objection proceedings that would not have turned into a legal dispute had the application been filed properly from the start.

The connection between inheritance matters and other family matters

In many cases, questions of wills and inheritance do not stand on their own. Families with children from previous marriages, spouses who have not yet formally divorced, or couples living as common-law partners may encounter questions that cut across inheritance law and family law. For example, the existence of a prenuptial agreement between spouses may affect the scope of the estate to which the will applies, and a division of property not completed at the time of death may complicate the division of the estate among the heirs.

For this reason, anyone making a will, and especially a mutual will, should also review it against their current family situation: an existing prenuptial agreement, pending divorce proceedings, or child support issues that have not yet been settled. Legal guidance that examines the full picture, and not only the wording of the will itself, reduces the risk of future disputes among the heirs.

Why it is worth having a lawyer guide the process, and what the next step is

Legal guidance in the probate order proceeding significantly reduces the risk of delays caused by formal errors in the application: missing documents, incorrect heir details, or a misunderstanding of the exact requirements of the Registrar of Inheritance Affairs.

Where an objection is possible, or where there is a gap or dispute among family members regarding the will, legal representation from the stage of filing the application is especially important. A lawyer who knows the circumstances of the case in advance can identify weak points in the will early on and adapt the filing accordingly.

Estates that include assets abroad, or heirs located in different countries, require special attention, due to the need to coordinate documents from different sources, sometimes to authenticate them with foreign authorities, and to meet translation and notarization requirements as needed.

At our office, every case begins with a personal meeting at the office in Ramat Gan, by prior appointment, in which the specific details of the case, the existing will, the identity of the heirs and the circumstances of the estate are reviewed. You can contact us via WhatsApp or by phone at 054-668-0699 to schedule a meeting.

Frequently asked questions

How do I apply for a probate order?

The application is filed online with the Registrar of Inheritance Affairs, together with deposit of the original will and public notice of the application. It is advisable to review the forms and supporting documents with a lawyer before filing to prevent delays.

How do I find a probate order?

You can check the status of an application or locate it through the online system of the Registrar of Inheritance Affairs, using the deceased's details and the case number if there is one, and request a copy of the order once issued, for use with banks and the Land Registry (Tabu).

How much does a probate order cost?

Filing the application involves a fee whose amount is set and updated by the authorities. It is advisable to check the exact current amount with the Registrar of Inheritance Affairs at the time of filing, as the amount may change from time to time.

What are the inheritance rules without a will?

Where there is no valid will, the estate is divided according to the order of heirs set in the Succession Law, 5725-1965, which usually includes the spouse and the children, and in their absence other relatives according to the order in the law. The relevant proceeding in this case is an application for an inheritance order.

Can common-law partners write a mutual will?

Yes, common-law partners may also make a mutual will, subject to meeting the legal conditions that apply to this type of will. It is advisable to draft it with a lawyer's guidance, to prevent future ambiguity regarding the parties' intentions.

Who are the legal heirs under the Succession Law?

Where there is no will, the spouse inherits part of the estate, alongside the children, and where there are no children, the deceased's parents or other relatives may come into the picture, according to the order set in the Succession Law, 5725-1965.

What is a mutual will between spouses?

A mutual will is a pair of wills that depend on each other, in which each spouse provides that the other will be the main beneficiary of their estate. Wills of this type have special rules regarding revocation or amendment, particularly after the death of one of the spouses, so it is advisable to draft them with a lawyer's guidance.

Must a will be deposited with the Registrar of Inheritance Affairs?

No, depositing a will during the testator's lifetime is not a legal requirement, but an option intended to ensure that the will is easily located after the death. Even without an advance deposit, the original will can be submitted as part of the application for a probate order.

What is the full text of the Succession Law?

The Succession Law, 5725-1965, is the law that governs in Israel the order of heirs where there is no will, the ways of making a will and its validity, and the procedures for issuing a probate order and an inheritance order. The full, up-to-date text of the law can be found on official and legal websites such as the Knesset website or online legislation databases, and it is advisable to consult a lawyer about applying its provisions to a specific case, as the law includes many complex sections that require professional interpretation.

The information in this article is general information only and does not constitute individual legal advice. Every case must be examined according to its specific circumstances, and it is advisable to consult a lawyer before making any decision.

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.