Inheritance & Probate

Can a rabbinical court decide an inheritance case in Israel instead of the Registrar or Family Court?

Only with the written consent of every interested party. Section 155 of the Succession Law 5725-1965 allows a religious court with jurisdiction over the deceased's personal status to issue a succession or probate order and to rule on maintenance from the estate, but that jurisdiction exists only where all the parties concerned have agreed to it in writing. Even then, the religious court applies the Succession Law by default. It may divide the estate under religious law only where the parties have also agreed to that, and the share of a minor or legally incompetent heir cannot fall below what the Succession Law provides.

One civil statute governs succession for every religious community, and the Registrar of Inheritance Affairs handles most applications, with the Family Court taking contested files. Section 155 is the only route for a rabbinical, Sharia, Christian or Druze court to take over a succession file. Consent must come from every person whose rights the order would affect, whether they inherit under a will or on intestacy. Two agreements are involved: one moving the file to the religious court, and a second allowing religious rules of division to replace the civil shares. Classical Jewish law does not let a daughter inherit alongside sons or a widow inherit from her husband, so the second consent carries real financial weight.

Families abroad usually meet this when a relative in Israel sends a short Hebrew consent form and asks everyone to sign. An heir who does not want the file in a religious court needs no reason; a written refusal keeps it with the Registrar or the Family Court, where the civil shares apply. Heirs who accept the religious forum can still refuse religious division, so the Hebrew text should be checked for both points before signing. A foreign heir's signature normally has to be verified by a notary with an apostille or by an Israeli consulate. Our guide to rabbinical court jurisdiction over an Israeli inheritance explains how consent is withdrawn and how decisions are appealed.

⚖ In Practice
  • Governing law: Section 155, Succession Law 5725-1965
  • Competent authority: Registrar of Inheritance Affairs (HaRasham LeInyanei Yerusha) by default; a regional rabbinical court (Beit HaDin HaRabbani HaAzori) only with every party's written consent
  • Fees/amounts: Registrar filing fee for a succession or probate order approximately NIS 538 (2026)
  • Timeline: an uncontested application to the Registrar commonly produces an order within 2 to 4 months of filing
  • Protected heirs: the share of a minor or legally incompetent heir may not fall below the Succession Law share, even where the adult heirs agree to religious division

From the full guide: Rabbinical Court Inheritance in Israel: Section 155 Guide


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