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Succession Orders Vs Grants of Probate

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Are You The Heir To Unclaimed Israeli Property?

When a person passes away without leaving a valid will or similar documentation during their lifetime, the distribution of their estate amongst the heirs proceeds according to the legally mandated Succession Order. Have you wondered what the difference is between a Succession Order and a Grant of Probate? How can you determine whether you’re entitled to request a Succession Order? Interested in learning about who can issue such an Order and under what conditions? This article sums up all you need to know.

Table of Contents

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What is a Succession Order?

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A Succession Order is a legal document that determines the legal heirs of a deceased individual and how their estate will be divided among them. The Inheritance Law of 1965 empowers the Inheritance Registrar to declare inheritance rights in the deceased’ estate in two ways. The first method is through what’s known as “inheritance according to law,” meaning inheritance through a Succession Order. The second method is “inheritance by a Grant of Probate,” in other words, inheritance based on a decision granted by Court.

It can be understood from the language of the law and various rulings on the subject that in cases where a valid and lawful will exists, priority will be given to the explicit wishes of the deceased in the will through a Grant of Probate. However, there are cases where the deceased did not leave a will, or the will does not comprehensively regulate the distribution of assets, or the will is not valid or lawful. In such cases, the determination of the heirs and the division of the estate will be governed by legal provisions, and this will be established through a Succession Order, which holds the status of a court ruling.

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How to Obtain a Succession Order?

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To obtain a Succession Order, a request must be submitted to the Inheritance Registrar in one of two ways. The first method is manually submitting the request physically at the office of the Inheritance Registrar in the district where the deceased resided. The second method is through an online application on the website of the Inheritance Registrar. An unrepresented applicant can submit the request using either method, except when at least one of the heirs is a sibling, cousin, grandparent, uncle, or nephew of the deceased, in which case an unrepresented applicant must submit the request physically.

However, there is a third method of submitting the request and managing the process before a religious court. This method is only possible if all heirs agree to give authority to the same court by signing a joint declaration. This transfer of authority implies that the parties accept the religious court’s decision as binding. Religious courts operate based on the relevant religious laws regarding inheritance (if it’s a rabbinical court – Jewish law, if it’s Sharia law court – Islamic law, and so on). Therefore, it’s advisable to consult with a lawyer regarding the implications of opting for a religious court over submitting the request for a Succession Order to the Inheritance Registrar before making a decision.

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Who Can Apply for a Succession Order?

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All potential legal heirs of the deceased, as defined by the Inheritance Law, are authorized to apply for a Succession Order. Typically, these are the closest family members of the deceased, such as spouses from a marriage or individuals publicly known to have shared a life with the deceased. Additionally, the children of the deceased (for inheritance purposes, adopted children are equal to biological children) are considered potential heirs. In certain cases, grandchildren, siblings, and parents of the deceased may also be regarded as potential heirs and are entitled to apply for a Succession Order.

Moreover, there are specific cases where two other interested parties can submit the request: Temporary administrators of the estate, if appointed, and Creditors of the deceased or an heir. This could be an individual or entity to whom the deceased or their heir owes a debt and wishes to settle it through the estate funds.

What Documents should be included in the Succession Order Request?

The following documents should be included with the request for a Succession Order:

  1. Original or “true to the original” death certificate of the deceased.
  2. Confirmation of sending a registered mail notice to all other heirs according to the law regarding the submission of the request for the Succession Order, or another written confirmation that a personal notice has been sent to all other heirs regarding the request.
  3.  Power of attorney if the applicant is represented.
  4. Declaration of Waiver signed and certified by a lawyer if there are heirs waiving their right to receive their share of the inheritance.
  5. Confirmation of payment of fees (except at the time of submitting the request through an online form when the fees are paid within the form’s framework).

Processing the Application

The process of handling an application for a probate order engages the applicant only when the Inheritance Registrar, handling inheritance affairs, requires additional information beyond what was initially provided in the application. The majority of the process is self-administered. The Inheritance Registrar is mandated to publish a public notice in the newspaper regarding the submission of the probate order application, allowing anyone to file an objection to the order within 14 days of the notice. Should no objection be filed within this period and after the application is processed, the Inheritance Registrar grants the probate order to the applicant.

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When does an application for a probate order reach a Court of Law?

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The law delineates specific cases where the application for a probate order, submitted to the Inheritance Registrar, is referred to Family Court:

  1. When an objection is filed against the application.
  2. When the state or one of its institutions is a party to the application.
  3. Where the government legal advisor or someone acting on their behalf decides to initiate proceedings or join the process.
  4. Where the general guardian represents an absent individual or someone whose property the general guardian manages.
  5. Where the Inheritance Registrar deems it necessary to refer the application to the family court. This is a kind of “catch-all clause” granting the Inheritance Registrar wide discretion to transfer the matter to court in complex cases, issues of jurisdiction, legal questions with broader implications, and other reasons.
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When is a temporary administrator appointed?

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The law differentiates between a temporary and a permanent administrator. When a Succession Order or a Grant of Probate has not yet been issued, and there’s a need to prevent any misuse of estate assets or handle debts until the order is granted, a temporary administrator can be appointed. Once the Succession Order or the Grant of probate are issued (meaning the heirs are known and declared) and difficulties arise in paying estate debts or managing and dividing the estate among heirs, a permanent administrator can be appointed.

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Succession Order - Fees

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Two fees need to be paid – an application fee and a publication fee in the newspaper (as the Inheritance Registrar is required to publish a notice about the Succession Order application to allow objections). Payment can be made through various methods, with online payment being the most recommended due to reduced fees. However, payments can also be made via postal bank vouchers or credit cards at automatic payment stations in the offices of the Inheritance Registrar.

When is a waiver granted for probate order fees?

As per inheritance regulations, an application submitted by a spouse, child, parent, or sibling of a deceased individual due to war, hostilities, military or reserve service is exempt from paying the application fee.

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What rights do heirs have in the estate?

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Examples of possible cases:

  • Succession order for a deceased person leaving a spouse and children: The spouse inherits all movables (assets) of the common household, the family car, and half of the remaining estate, while the other half is equally divided among the children.
  • Succession order for a deceased person leaving a spouse without children: The spouse inherits all movables of the common household and the family car, plus two-thirds of the remaining estate if the deceased has no living parents or children. In such cases, the spouse might also be entitled to the deceased’ share in the joint residence.
  • Succession order for a deceased person without children, spouse, or siblings: The deceased’ parents inherit half of the estate each.
  • Probate order for a deceased person without children or spouse but one living parent: The living parent inherits half of the estate, and the remaining half is equally divided amongst the deceased’s siblings.

The process of applying for a probate order requires professional judgment. In many cases, swift action is needed to safeguard the estate’s assets and to secure the full rights of the legitimate heirs. Our firm, A.S Inheritance Law, can assist you in such applications, ensuring that your rights under inheritance laws are effectively and optimally realized throughout the process.

Reach out to us …

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Questions and Answers

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Yes. Anyone can object within 14 days of the official notice of the Succession Order application being published, and for as long as the order hasn’t been granted yet. However, according to inheritance regulations, the Inheritance Registrar can set a longer deadline and even extend it if the initially specified time has elapsed.

Apart from the obligation of the Inheritance Registrar to publish every submitted Succession Order application, the website of the Inheritance Registrar includes a tracking system allowing the identification of Succession Order applications, by entering details of the deceased (ID/passport or name) or details of the application.

Yes. A Succession Order is the only legal document allowing and regulating the distribution of assets among the legal heirs of a deceased individual who passed away without leaving a will during their lifetime.

No. An heir can submit an Affidavit of Withdrawal and submit it to the Inheritance Registrar, or to the Family Court if the request has already been transferred to the court. An heir can waive his entitlement either for equal distribution among other heirs (general withdrawal) or for the benefit of a specific person, such as a spouse, child, or sibling of the deceased (specific withdrawal).

A withdrawal from inheritance is a partial or complete renunciation of one’s share in the inheritance through signing an Affidavit of Withdrawal and submitting it to the Inheritance Registrar. The withdrawal from inheritance of a minor or a legally incompetent person requires court approval.

An Affidavit of Withdrawal needs to be translated from English to Hebrew, and to receive certification from a licensed notary before submission, only when a translation is requested by the Inheritance Registrar.

Typically, it takes up to 50 days from the date of submission to receive a Succession Order, assuming the application complies with the instructions and has all necessary documents.

Heirs who wish to determine how the estate’s assets will be divided among them, can do so through an Estate Division Agreement, which establishes a division of the estate different from what would have been received by the heirs according to the will or legal instructions. Such an agreement can only be made before the actual estate division.

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Disclaimer 

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All of the above does not constitute legal advice or a substitute for legal advice, and all information contained on the site serves as general information only. The aforesaid does not replace information provided by an attorney, and the reader should contact and consult with an attorney who specializes in the field before taking any legal action. Anyone who relies on the above in any way does so at his own risk, and the responsibility for any direct or indirect result due to reliance on the aforesaid will apply to the user only.

To Find Out More, Contact us:

office@asinheritancelaw.com

+ 178 62337694 (New York)

+972 48331212 (Israel)

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