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Inheritance & Probate

What is the difference between a succession order and a probate order in Israel?

A tzav yerusha (succession order) is issued under Sections 66–72 of the Succession Law 5725-1965 when the deceased died without a will, and it establishes who the legal heirs are according to the statutory rules. A tzav kiyum tzava'ah (probate order) is issued when the deceased left a valid will, confirming the will's authenticity so it can be carried out. Both documents are issued by the Registrar of Inheritance Affairs or the Family Court, but they serve fundamentally different purposes: the succession order creates the heirs, while the probate order validates the testator's instructions.

The succession order process is governed by Sections 66–72 of the Succession Law 5725-1965. When someone dies intestate in Israel, the law distributes the estate according to the fixed inheritance rules in Sections 11–16, which prioritize spouse, children, parents, and siblings in that order. The succession order is a judicial declaration of who the heirs are and in what proportions they inherit. Banks, the Land Registry, pension funds, and government offices all accept a valid succession order as sufficient proof of heirship to release assets. The application requires a certified death certificate, family status documents showing the identity of all potential heirs, a declaration naming all known heirs, and a filing fee of approximately NIS 538 (2026). A mandatory 15-day publication period in the official gazette Reshumot allows potential objectors to come forward before the order is issued.

The probate order process mirrors this procedure but applies to testate estates. The applicant submits the original will alongside the death certificate, identity documents, and the same filing fee. The Registrar publishes the application in Reshumot and, absent objection, issues the probate order confirming the will's validity. For foreign families, both orders can be obtained remotely through an Israeli attorney holding an apostilled power of attorney. The probate route is generally preferable when a valid will exists because the distribution terms are already settled, reducing scope for heir disputes. However, if the will's validity is contested — on grounds of incapacity, undue influence, or formal defect — the matter moves to the Family Court and timelines can extend to 1–3 years or longer.

⚖ In Practice
  • Governing law: Sections 66–72 (succession order), Sections 55–68 (probate order), Succession Law 5725-1965
  • Competent authority: Registrar of Inheritance Affairs (Rasham HaYerushoth) or Family Court (Beit Mishpat LeMishpacha)
  • Filing fee: approximately NIS 538 for either order (2026)
  • Timeline: 3–6 months for uncontested applications; 1–3+ years if the order is contested at the Family Court
  • Lost original will: If only a copy of the will exists, a special application to the Family Court is required — the Registrar cannot issue a probate order on a copy alone

From the full guide: The Israeli Probate Process: A Step-by-Step Guide for Foreign Heirs

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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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