How Long Does an Inheritance Order Take? A Complete Guide to the Process and Legal Procedure | Attorney Rozil Amir

What is an Inheritance Order and How Long Does the Process Actually Take?

An inheritance order is a judicial decision that grants a beneficiary or heir the right to use real property of another person following their death, as determined by a will or by law in the absence of a will. It is a critical legal document in the inheritance process, and serves as legal proof of inheritance rights in court.

The question of how long an inheritance order takes is not straightforward, as the answer depends on several significant variables. On average, an inheritance order process can take between 6 months to 2 years, but in complex or disputed cases, it may take considerably longer. In simple cases without objections, the process may be completed within 3-4 months.

This procedure includes several legal stages: filing an application to the family court, document collection (will, death certificate, identity documents), newspaper publication (in certain cases), handling objections if any, and finally – obtaining an inheritance order from the judge. Each stage requires processing time, document preparation, and scheduling hearings.

Factors Affecting the Duration of the Process

There are critical factors that determine the length of an inheritance order procedure:

• Will Complexity: A simple will that bequeaths all assets to a single heir will take less time than a complex will with conditions, trusts, or different amounts for multiple beneficiaries.
• Existence of Legal Objections: If someone disputes the validity of the will, the identity of heirs, or the distribution of assets, the process will be significantly prolonged. Objections require additional hearings, submission of affidavits, and time for legal examination.
• Document Availability: If all required documents (original will, death certificate, identity documents, property documents) are readily available and clear, the process will be faster. If documents need to be searched for or certifications from authorities are required, this will add time.
• Court Workload: During periods when the family court is heavily burdened, there may be delays in scheduling hearings and obtaining judicial decisions.
• Cooperation Between Parties: When all heirs agree on the validity of the will and the distribution of assets, the process is faster. When there are disputes, this significantly delays the procedure.
• Professional Legal Counsel: A lawyer with experience in inheritance law can streamline the process efficiently, submit documents on time, and avoid mistakes that cause delays.

Stages of the Legal Process for an Inheritance Decree

To understand how long an inheritance decree takes, it is important to familiarize yourself with the precise legal stages:

Stage 1: Filing the Application with the Court (1-2 weeks)

The process begins by filing a formal application with the Family Court. This application must contain the original will (or a certified copy), the death certificate of the deceased, identity documents of the heirs, and the necessary information about the assets. An experienced attorney will ensure that all documents are complete and valid, which prevents additional court requests.

Stage 2: Collection of Documents and Certificates (2-4 weeks)

Following the filing of the application, additional documents must be obtained: a certificate from the Land Registry regarding the assets in the inheritance, declarations from creditors if they exist, and in some cases—certificates from tax authorities (Income Tax, Appreciation Tax). This stage can be lengthy if there is a need to update information or obtain approvals from various agencies.

Stage 3: Publication of Notice in a Newspaper (up to 2 weeks)

In accordance with inheritance laws in Israel, in some cases publication of a notice in a newspaper is required to inform potential beneficiaries or objectors. This notice publishes the opening of the inheritance proceeding and the time within which a person may file an objection. This publication is not always quick, and delays in printing and registration of the notice may occur.

Stage 4: Handling Objections (1-6 months)

If there are objections to the will or to the distribution of the inheritance, this stage is the longest. Objections may be due to the incapacity of the deceased at the time of signing the will, undue influence, or legal errors in the will. Each objection requires a hearing in court, submission of affidavits, and in some cases—testimony of witnesses. This stage can last many months.

Stage 5: Court Hearing and Decision (2-8 weeks)

After all documents have been submitted and objections have been handled, the court schedules a final hearing. In this hearing, the judge examines all evidence, hears arguments from both sides (if applicable), and makes a decision. In simple cases, the court can issue an inheritance decree within weeks. In complex cases, there may be a delay in delivering the judgment.

Stage 6: Receipt of Inheritance Decree and Completion (up to 2 weeks)

After the judge signs the inheritance decree, the document is registered with the Land Registry (if it concerns real estate). This decree is the final legal document that proves inheritance rights. Completion of the process also includes payment of registration fees and performance of any additional action required by the court.

Comparison Table: Duration of Inheritance Order Process in Various Scenarios

To better understand the duration of the process, here is a table comparing different scenarios:

As can be seen, the duration of the process varies depending on the type of inheritance and its complexity. An experienced inheritance law attorney can help you understand which scenario applies to your situation and how to expedite the process.