An inheritance decree from the rabbinical court is an essential legal document issued by the rabbinical court after a person's death. The decree confirms who the legal heirs are and what their rights are in the deceased's assets. In Israel, any transaction related to inheritance — whether it's transferring property, opening a bank account in the heirs' names, or selling an asset — requires a valid inheritance decree from the rabbinical court.

The process of requesting an inheritance decree is not straightforward, and errors in submitting documents can lead to significant delays or rejection of the application. This is why many choose to consult with an experienced inheritance law attorney to ensure the process runs smoothly and successfully.

Legal Definition and Legal Significance

An inheritance decree is an official document that confirms the validity of a will (if one exists) and the status of the heirs. In the absence of a will, the decree defines the order of succession in accordance with Torah law and Israeli law. From a legal standpoint, failing to obtain an inheritance decree means you cannot transfer property, withdraw funds from the deceased's account, or sell assets in their name — even if you are the legal heir.

Recently, the rabbinical court has allowed online submission of inheritance decree applications, which has significantly simplified the process. However, the documentation requirements and precision needed have not changed, and therefore proper legal consultation remains essential.

Who Needs an Inheritance Decree?

Every legal heir of a person who dies in Israel needs an inheritance decree to exercise their rights. This includes sons, daughters, spouses, parents, and other family members according to the order of succession. If you are managing a business of the deceased or need to transfer assets to your name, an inheritance decree is a legal requirement.

Step 1: Preparation of Required Documents and Records

Filing an application for an inheritance order requires a collection of official documents. You must obtain a death certificate from the population registry, the identity document of the deceased, identity documents of all heirs, a certificate from the rabbinical authority regarding the marital status of the deceased, and the original will (if one exists). The law office of David Wasserman assists in obtaining all required documents and verifying their validity.

Step 2: Filing an Application with the Rabbinical Court

The application for an inheritance order can be filed online through the inheritance registry or by direct submission to the appropriate rabbinical court. An application for probate of a will or an application for an inheritance order requires completion of specific forms and proper integration of all documentation. Errors at this stage may lead to rejection or a request for supplementary documents.

Step 3: Examination of the Application by the Rabbinical Court

Following submission of the application, the rabbinical court examines the documents and verifies the validity of the will (if one exists). In some cases, the court may request clarifications or additional documents. At this stage, an experienced attorney can communicate with the court and facilitate the process.

Step 4: Obtaining the Inheritance Order

Following court approval, you will receive the original inheritance order or a certified copy of the inheritance order. This document is the official certificate that confirms your status as an heir and your rights to the assets of the deceased. With this order in hand, you can proceed with further procedures such as asset transfer, opening bank accounts, or selling property.

Locating an Existing Inheritance Order

If you need to find an inheritance order that was previously issued, you can contact the inheritance registry or the appropriate rabbinical court. Locating an inheritance order by the identity document of the deceased is a relatively straightforward process, but requires knowledge of the correct authorities to contact.

Probate Order Fee Payment Online and at the Rabbinical Court

The Rabbinical Court charges a fixed fee for submitting an application for a probate order. This fee varies according to the value of the assets in the estate and the type of application (standard probate order or will execution order). In recent years, submitting an application for a probate order online has become significantly more affordable compared to in-person filing, making the process more accessible.

The basic fee for an application for a probate order typically ranges between 200 to 500 shekels, depending on the size of the transaction and the value of the assets. However, if the assets in the estate exceed a certain amount, a higher fee may be required. It is important to note that this fee is paid to the Rabbinical Court only and does not include additional legal costs.

Attorney's Legal Fees

An attorney's work in the field of probate orders includes document preparation, document review, application submission, and communication with the court. The law office of Adv. David Serman offers transparent and reasonable fees for these services. In some cases, we can offer service packages that cover all stages at a fixed cost determined in advance, allowing you to plan your budget clearly.

Initial legal consultation regarding a probate order is provided without obligation, allowing you to understand the process and expected costs before making a decision. During the consultation, we can assess the complexity of your case and provide you with a reasonable estimate of the time and costs involved.

The estimated timeframes are general assessments and may vary depending on the rabbinical court's workload, completeness of documents, and specific legal aspects of each case.