An inheritance order is a legal document required to transfer property or other rights following the death of the property owner. Ownership of property requires legal proof, and the land registry (Tabo – Israel's national land registration) documents all rights related to the property. Registering an inheritance order at the land registry is not merely a technical step — it is the legal foundation for exercising your inheritance rights.

Recently, many families face complications in this process: applications not submitted on time, locating an old inheritance order filed at the rabbinical court, or discrepancies between the data in the application and the land registry registration. The Law Office of David Wasserman specializes in resolving these challenges, offering personalized guidance tailored to each family and financial situation.

The Role of an Inheritance Order in the Inheritance Process

An inheritance order constitutes strong proof of inheritance rights. Without it, one cannot transfer rights to property, sell, develop, or lease. Additionally, an inheritance order serves as "evidence" to banks, tax authorities, and other financial institutions. Registering an inheritance order at the land registry verifies that your rights are protected and recognized by the state.

When Is Land Registry Registration Required?

• Immediately after issuance of the inheritance order: Once the court or rabbinical court issues an inheritance order, an application for land registry registration must be filed.
• When dealing with land or building property: Every property registered at the land registry must be updated with a new inheritance order.
• Upon sale or transfer of the property: A buyer or rights recipient cannot complete the transaction without registration of the inheritance order.
• For family security: Land registry registration protects inheritance rights against future claims or disputes.

The registration process is not complicated, but it requires precision, correct documents, and often — an understanding of land registry codes. Our office handles every detail to ensure your application is approved without delay.

The process of registering an inheritance order at the Land Registry (Taboo) involves several distinct stages, each of which is important for the proper completion of the inheritance process. Understanding the stages helps avoid errors and delays.

Stage 1: Issuance of an Inheritance Order

The first step is the issuance of an inheritance order. This can occur through two channels:

• Family Court: If there is no will or if the will is disputed, the court will issue an inheritance order in accordance with the Succession Law, 5725-1965.
• Rabbinical Court: If the parties involved are Jewish and there is a valid will, the Rabbinical Court may issue a will execution order (also known as an "inheritance order").

At our office, we assist in locating an existing inheritance order or an application for an inheritance order already submitted to the court or Rabbinical Court. Checking the status of a will execution order saves time and money.

Stage 2: Preparation of Documents for Land Registry Registration

After an inheritance order is issued, you must prepare certain documents:

• A certified copy of the inheritance order from the court or Rabbinical Court.
• Identity document of the heir (or each heir separately).
• Death certificate of the original property owner.
• Original ownership documents of the property (Land Registry documents or other documents).
• Application form for registering an inheritance order at the Land Registry (printed from the government Land Registry authority website).

Each document must be in proper condition, free of errors in names or identification numbers. We review each document carefully to avoid rejection of an application to review an inheritance file or rejection of an application for an inheritance order.

Stage 3: Submission of the Application to the Inheritance Registry

The application is submitted to the Inheritance Registry at the Inheritance Registry counter, located in the court buildings or at registry counters in major cities. You can also submit an application digitally through the government authority website. Our office can submit the application on your behalf to save you time and inconvenience.

When submitting the application, you must specify:

• The property number at the Land Registry (plot and parcel).
• The names of all heirs.
• The division of the property among the heirs (if the property is divided among multiple heirs).
• Details of the original property owner (name, identification number, date of death).

Stage 4: Review and Validation by the Registrar

The Inheritance Registrar reviews the application and all documents. This review may take several weeks. If there are issues (for example, data inconsistencies or missing documents), the registrar will contact you requesting corrections.

At this stage, checking the status of a will execution order or locating an old inheritance order (if previously submitted) can expedite the process. Our office can perform these checks on your behalf.

Stage 5: Registration at the Land Registry

After the registrar's approval, the data is transferred to the Land Registry. The Land Registry updates the property documents and registers the names of the new heirs as owners. This is the final stage, and upon completion, your rights are protected and recognized by the state.

A certified copy of the inheritance order registered at the Land Registry serves as strong evidence of your rights to the property.

Stage 6: Receipt of Registered Documents

After the registration is completed, you can obtain an official copy of the updated Land Registry documents. These documents are essential for selling, renting, pledging, or any other transaction related to the property.

There are two pathways for issuing an inheritance order in Israel: the Family Court and the Rabbinical Court. Each pathway has a different procedure and slightly different outcomes. Understanding the differences helps you choose the right pathway for your needs.

Inheritance Order in the Family Court

The Family Court handles inheritance cases where there is no will, or cases where the will is disputed. The court will distribute the estate in accordance with the Succession Law, 5725-1965, which establishes a priority order for heirs (spouse, children, parents, etc.).

• Advantages: Clear legal procedure, full protection of inheritance rights, ability to object to the distribution if you believe it is unfair.
• Disadvantages: Longer process (may take several months), higher legal costs, need to appear in court.

Will Execution Order in the Rabbinical Court

If a valid and proper will exists, the Rabbinical Court can issue a will execution order. This order obligates the estate administrator to distribute the estate in accordance with the will.

• Advantages: Faster process, lower costs, greater discretion, ability to challenge the will (if you believe it is not valid).
• Disadvantages: Depends on the validity of the will; if you are not Jewish or do not consent to the court's jurisdiction, you cannot use this pathway.

Locating an Old Inheritance Order or Request for an Inheritance Order Filed Previously

Sometimes a request for an inheritance order or will execution order was filed previously but was not completed or registered with the Land Registry. In such cases, our office can conduct a search for the inheritance order with the Rabbinical Court or the court, and complete the registration with the Land Registry. Checking the status of a will execution order ensures you are always updated on the status of your request.

As can be seen in the table, a Rabbinical Court is generally faster and less expensive, but requires a valid will. A Family Court is more suitable for complex or disputed cases. Our firm can assist with both options and guide you in choosing the right path for your needs.