Free Consultation
Inheritance & Probate

What share of an Israeli estate does a surviving spouse receive when there are also surviving children?

Under Sections 11 and 12 of the Succession Law 5725-1965, a surviving spouse inherits the moveable property in the shared home, the right of continued use of the shared apartment, and a share of the remaining estate. When one child survives, the spouse and child each receive half the residue. When two or more children survive, the spouse receives a third of the residue and the children divide the remaining two-thirds equally. These shares apply only when there is no valid will; a testator may adjust them by leaving a will, though the statutory apartment right of use is protected by separate provisions.

The Succession Law 5725-1965 establishes a tiered intestate system that treats the surviving spouse as both a special beneficiary and a residuary heir. Under Sections 11 and 12, the spouse first receives the moveable household property — furniture, appliances, and personal effects used in the home — and the statutory right to continue residing in the shared apartment until death or remarriage. Only after these preferential allocations does the residue of the estate (financial assets, real property beyond the shared apartment, and other wealth) pass to the spouse and children together. The spouse's fractional share of this residue depends on the number of surviving children: one child means the spouse and child split the residue equally; two or more children means the spouse takes a third and the children share two-thirds in equal portions. Grandchildren, or further descendants of a predeceased child, step into that child's share by representation under Section 14.

For a foreign family inheriting an Israeli estate, the spouse's share of Israeli assets is determined exclusively by Israeli law if the deceased held Israeli-sited property — a foreign will or foreign inheritance law does not override the Israeli intestacy rules for property registered in Israel. A surviving spouse's rights in Israel also include any entitlement as a joint owner of property that predates the succession: the ownership share does not form part of the estate at all and should be separated from the statutory inheritance calculation. Families sometimes overlook that the apartment right of use runs for the spouse's lifetime and can delay or complicate a sale if other heirs wish to liquidate. Reviewing jointly held property, life insurance beneficiary designations, and pension fund nominations alongside the statutory shares is essential before assuming that a succession order alone resolves the estate.

⚖ In Practice
  • Governing law: Sections 11–12, Succession Law 5725-1965 (Hok HaYerusha)
  • Competent authority: Registrar of Inheritance Affairs (Rasham HaYerushoth) or Family Court (Beit Mishpat LeMishpacha)
  • Share with one child: spouse and child each receive half the estate residue (after household effects and apartment right are allocated)
  • Share with two or more children: spouse receives one-third, children share two-thirds equally
  • Apartment right: spouse retains a right of use over the shared home for life — this right is personal, non-transferable, and cannot be overridden by other heirs without court approval
  • Timeline: a succession order from the Registrar typically takes 3–6 months from date of application

From the full guide: Surviving Spouse Rights in Israel: What the Law Provides

Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A