How to Claim an Inheritance in Israel From the US: The Order That Unlocks Everything

This is orientation, not legal or tax advice. It maps what exists and the questions to take to a licensed professional. It does not tell you what to do about your own estate or taxes.

An American family's cross-border inheritance usually starts with a discovery that feels backwards: the paperwork that settles everything in the US settles nothing in Israel. A parent's estate can clear probate in New York or Los Angeles, the letters testamentary can be certified and sealed, and an Israeli bank will still not move one shekel, because Israeli institutions answer to exactly one kind of document. This page orients you on what that document is and how heirs in the United States obtain it without flying to Israel. It is not legal or tax advice, and the decisions along the way belong with a cross-border professional.

The one document every Israeli institution asks for

Israeli inheritance is governed by the Succession Law 5725-1965. Under it, Israeli courts and the Registrar of Inheritance Affairs have jurisdiction over the estate of anyone who was a resident of Israel at death or who left assets in Israel. That second half is the part that catches US families: the apartment in Haifa or the account at Bank Leumi puts the Israeli slice of the estate under Israeli procedure, no matter where the deceased lived or where the rest of the estate is being administered.

The procedure produces one of two orders. Where there is no valid will, heirs apply for a succession order, the tzav yerusha, which formally identifies the legal heirs and their shares. Where there is a will, heirs apply for a probate order, the tzav kiyum tzava'a, which validates the will so it can be executed. Both are issued by the Registrar of Inheritance Affairs, an office under the Guardian General at the Ministry of Justice, or by the Family Court when the file is transferred there.

A foreign grant of probate does not substitute. Israeli banks, the Land Registry, pension and insurance companies all wait for the Israeli order, and only the Israeli order.

Why a US-resident decedent's file takes the longer road

For a straightforward domestic Israeli estate, the Registrar handles the application start to finish, and gov.il even offers online filing. A file with an American decedent is structurally different in two ways.

First, the governing law changes. Section 137 of the Succession Law directs that the distribution of a foreign resident's Israeli assets follows the law of the country where the deceased was domiciled, a rule the Israeli Supreme Court has upheld. If your father died domiciled in New Jersey, the Registrar needs to know what New Jersey law says about who inherits. That is established through a foreign law opinion, a formal expert opinion on the relevant US state's law, filed together with the application. Without it, a foreign-resident file does not advance.

Second, the forum often changes. Under section 67A of the Succession Law, applications the Registrar is not authorized to decide are passed to the Family Court, and gov.il states this on both order services. Files involving foreign residents and foreign law questions are the classic case. The transfer is routine, not a sign of trouble, but it is one of the structural reasons a cross-border file takes longer than a domestic one.

The paperwork from the American side

The application is built from documents that mostly originate in the US, and each needs to arrive in a form Israeli authorities accept.

The death certificate, if issued in the United States, needs an apostille. Both the US and Israel are parties to the Hague Apostille Convention, and in the US the apostille typically comes from the Secretary of State of the state that issued the certificate. If there is a will, the original must be filed with the probate application; a copy is accepted only with the court's permission and an explanation of why the original cannot be produced. Foreign-language documents are translated into Hebrew with notarized translations. The application itself includes identification of the applicant, and formal notices go to the other heirs, who either sign or receive notice by registered mail.

Two fees apply, an application fee and a publication fee, since the application is published to allow objections; gov.il notes the application fee is reduced when filing online.

You do not have to fly to Israel

The entire process runs remotely. Heirs sign a power of attorney authorizing an Israeli attorney to file and manage the application; the POA and identification documents are authenticated in the US and sent over. Nothing in the procedure requires an heir to appear in Israel, and in practice these files are handled end to end by counsel in Israel while the family stays home.

Can it be done without a lawyer at all? For a simple domestic case, Israeli law allows heirs to file themselves, and gov.il hosts the forms. The same page also states plainly that the service and forms are provided in Hebrew. A US-resident file adds the foreign law opinion, the apostille chain, notarized translations, and the likely Family Court transfer, which is why cross-border applications are, as a practical matter, attorney-driven. For probate petitions, gov.il notes that represented petitioners file online only, which is also the faster and cheaper channel.

After the order: the digital ripple

The order arrives as a digital document, sent to the applicant or their representative by email. It is also transmitted directly to the bodies that were waiting for it: the Land Registration and Settlement of Rights Department, the Israel Lands Authority, the Ministry of Transport, the Israel Tax Authority, the Israel Corporations Authority, banks, and insurance companies. In most cases there is no need to present the order to these entities separately. The order does not expire.

The order identifies who inherits. It does not by itself move each asset, and each asset type has its own next step. For bank accounts, the order is what ends the freeze we walked through in inheriting a bank account in Israel, and if the account was frozen mid-emergency, the sequence in when the bank freezes the account applies. Real estate moves through registration at the Land Registry before any sale, and pension and insurance monies are claimed from each fund with the order in hand.

Frequently asked questions

How long does probate take in Israel? There is no fixed statutory timeline. Domestic files routinely take months from filing to order, and foreign-resident files take longer because of the foreign law opinion, translations, and the transfer to the Family Court. The publication and objection stage adds time to every file.

What documents do I need to claim an inheritance in Israel from the US? An apostilled death certificate, the original will if one exists, notarized Hebrew translations of foreign documents, identification of the applicant, notices to the other heirs, a foreign law opinion where the deceased was a US resident, and a power of attorney if an Israeli attorney files on your behalf.

What is a succession order in Israel? A formal order, issued by the Registrar of Inheritance Affairs or the Family Court under the Succession Law 5725-1965, identifying the legal heirs of a person who died without a valid will and each heir's share of the estate. It is the document Israeli institutions require before releasing estate assets.

Is there a tax treaty between the US and Israel that covers inheritance? The 1975 US-Israel income tax treaty exists, but there is no US-Israel estate tax treaty. Israel imposes no inheritance tax, its estate tax was abolished in 1981, while US exposure depends on the decedent's status and the assets involved. The tax layer is separate from the order procedure described here and is its own professional conversation.

Can I claim an inheritance in Israel without a lawyer? In a simple domestic case, yes, the forms are public. In a cross-border case, the foreign law opinion, Hebrew-only forms, document authentication, and Family Court involvement make self-filing impractical, which is why these files are almost always run by an Israeli attorney under a power of attorney.

Where a professional takes over

This page maps the terrain: which order applies, why the foreign-resident route runs through a foreign law opinion and often the Family Court, and what has to travel from the US in what form. What it cannot do is apply any of it to your family's facts. Which state's law governs, how a specific will interacts with Israeli procedure, and how the estate's tax picture looks on both sides are questions for a cross-border estate attorney, and getting one involved early is usually what keeps a months-long process from becoming a years-long one.