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Can I buy an Israeli apartment that is still registered in the name of a deceased owner?

Not directly. A deceased person cannot sign or transfer anything, so the sellers have to be the heirs, and the only way they prove that is with a succession order or a probate order from the Registrar of Inheritance Affairs. Section 7 of the Land Law 5729-1969 completes a property transaction only on registration, and the Land Registry will not register a transfer out of an estate without that order. The contract itself can be signed earlier, provided completion is made conditional on the order being produced.

Title in Israel passes on registration, not on signature, so the register keeps showing the deceased until the heirs lodge the order. From there the heirs have two routes. They can register the property into their own names first and sell afterwards, or they can sell directly and lodge the succession order and the transfer in one sequence at the Tabu, which is faster and cheaper. Where an estate administrator has been appointed, a sale of estate real property requires court approval, and where any heir is a minor, Section 20 of the Capacity and Guardianship Law 5722-1962 makes Family Court approval a condition of the sale.

The real risk for a buyer is not the paperwork but a challenge to the order itself. Objections can be filed for a short period after the application is published, and an unknown heir living abroad can surface later. Before money moves, obtain a tabu extract, inspect the Registrar of Inheritance Affairs file, and register a caveat under Section 126 of the Land Law on the day of signing. Keep the bulk of the price in the lawyer’s trust account until the order is registered, and confirm that every named heir signs, not only the one doing the negotiating.

⚖ In Practice
  • Governing law: Sections 7 and 126, Land Law 5729-1969; Sections 66–72, Succession Law 5725-1965
  • Competent authority: Land Registry (Lishkat Rishum HaMekarke’in, the “Tabu”) and the Registrar of Inheritance Affairs (Rasham LeInyanei Yerusha)
  • Succession order: NIS 538 filing fee (2026); roughly 3–6 months when uncontested, considerably longer once an objection is filed
  • Objection window: two weeks from publication of the application in a daily newspaper and the official gazette
  • Registration: a transfer action at the Land Registry costs approximately NIS 200 (2026) and takes about two to six weeks once the file is complete
  • Minor heirs: Family Court approval under Section 20, Capacity and Guardianship Law 5722-1962, before the sale binds the minor’s share

From the full guide: Land Registry & Title Registration in Israel: The Tabu Explained

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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