Succession Order and Probate Order — How to Obtain | Attorney Rozil Amir

Inheritance Order and Will Execution Order — Complete Explanation and Process Guide

Obtaining an inheritance order and a will execution order is a vital legal process for anyone who inherits from a deceased person's estate or who needs to claim rights in an inheritance. An inheritance order and a will execution order are legal documents that confirm your rights as an heir or beneficiary under a will, and enable you to exercise these rights in practice — whether it involves the distribution of assets, receiving maintenance from the estate, or fulfilling the conditions of the will.

In Israel, an inheritance order is issued by the Family Court or by the Custodian of Inheritances authority (under certain conditions), and its role is to recognize your rights as an heir and grant you the legal authority to manage the estate. A will execution order, for its part, confirms that the will is valid and proper, and obligates all parties to fulfill its terms. These two orders typically work in conjunction to ensure that the inheritance is executed in accordance with the deceased's wishes and within a clear legal framework.

The process of obtaining an inheritance order and a will execution order requires a deep understanding of Israeli inheritance law, the preparation of precise legal documents, and coordination with the court. Without professional legal advice, this process can be prolonged, complicated, and lead to costly errors. A boutique law firm like ours guides you through every stage — from preparing the application to receiving the final court order.

What Is an Inheritance Order and What Is a Will Execution Order?

An inheritance order is a judicial decision that confirms your rights as an heir in the estate of a deceased person. This order is issued by the court after reviewing the relevant documents — a will, death certificate, identity documents, etc. — and determining that you have a legal right to a portion of the estate or to the entire estate, in accordance with the will or the law.

A will execution order is a court order that confirms that a particular will is lawful, proper, and valid. This order is granted after the court has examined the legal conditions — such as the testator's legal capacity at the time of signing the will, the legality of the execution, the absence of undue influence or fraud — and determined that the will meets all legal requirements. The will execution order grants it full legal force and enables the fulfillment of its terms.

Typically, both orders are issued together or one after the other, as they complement each other: an inheritance order recognizes you as an heir, and a will execution order confirms the will on the basis of which you inherit. Together, they create a solid legal foundation for managing the estate and distributing the assets.

Who Can Obtain an Inheritance Order and a Will Execution Order?

• Legal heirs: If there is a will, the heirs designated in it can file an application for an inheritance order. If there is no will, the legal heirs under the Inheritance Law (spouse, children, parents, etc.) can file an application.
• Beneficiaries under a will: A person who is a beneficiary under a will (for example, a family member who is not the main heir, or an organization) can file an application for a will execution order to ensure that the conditions for their benefit are fulfilled.
• Curator of the estate: If a curator of the estate has been appointed, he can file an application for an inheritance order as part of his authority.
• Creditors and other claimants: In some cases, creditors of the deceased or a person who has a legal claim against the estate can file an application of their own.

In any case, the application must be based on a clear legal basis and must meet the procedural requirements of the court.

Process of Obtaining an Inheritance Order and a Will Execution Order — Practical Steps

The process of obtaining an inheritance order and a will execution order involves several legal and bureaucratic stages. Here is the detailed explanation:

Step 1: Preparation of Required Documents

Before filing an application with the court, you must prepare all required documents. These include: a death certificate of the deceased (from the health authority), an original will or certified copy (if it exists), identity documents of the heirs and beneficiaries, documents proving family relationship (marriage certificates, birth certificates, etc.), a list of assets in the estate (ownership, estimated value), and any other relevant legal document. The process of gathering these documents can be complex, especially if the assets are scattered or if there are family disputes.

Step 2: Filing an Application with the Court

After preparing the documents, you must file a formal application with the Family Court (or with the Custodian of Inheritances authority, under certain conditions). The application must include: a detailed description of the deceased and the date of death, a list of the heirs and their relationship under the law, a copy of the will (if it exists), a declaration that there are no other legal proceedings related to this estate, and the signature of the applicant or his attorney. The application must be written in precise legal language and in accordance with the court's forms.

Step 3: Legal Review of the Will (in Case of a Will Execution Order)

If it is a will execution order, the court will review the validity of the will. This review includes: verifying that the will is properly signed (with witnesses or in another lawful form), checking that the deceased had legal capacity at the time of writing the will (was at least 18 years old, of sound mind), investigating the possibility that the will was written under undue influence or duress, and examining any claim against the validity of the will. This review process can be complex, especially if there are family disputes or allegations of fraud.

Step 4: Court Hearing (in Some Cases)

In some cases, the court will hold a hearing where heirs, beneficiaries, and interested parties are invited to appear and present their arguments. In this hearing, you may testify orally, present additional evidence, and defend your rights. If there is a dispute among heirs or if someone challenges the validity of the will, the hearing will be an opportunity to resolve the matter before the court.

Step 5: Receiving the Court Decision and Issuance of the Order

After reviewing all documents, holding a hearing (if applicable), and examining the claims, the court will issue a decision. If the decision is favorable, the court will issue an inheritance order and/or a will execution order. This order will be legally valid and binding, and may serve as the basis for managing the estate and distributing assets. This order will be sent to you in a certified copy, which you can use with banks, government authorities, and other entities.

Step 6: Estate Management and Asset Distribution

After receiving the inheritance order and will execution order, you can begin managing the estate. This includes: transferring assets to your name (real property, funds in bank accounts, etc.), paying estate debts (taxes, liabilities, etc.), and distributing remaining assets among heirs in accordance with the will or the law. This step also requires document management, coordination with banks and authorities, and eventually—closing the estate accounting.

Differences Between Inheritance Order and Will Execution Order — Which Order Do You Need?

One of the common confusions among people dealing with inheritances is the difference between an inheritance order and a will execution order. Although the names are similar and their functions are related, these are two different orders with different purposes and different legal requirements.

Inheritance Order — What It Is and Why You Need It

An inheritance order is a legal order that confirms your rights as an heir in the estate of a deceased person. Its purpose is to recognize you as a legal rights holder to a portion of the estate (or the entire estate) and to grant you legal authority to administer the estate. An inheritance order is required when you want to transfer assets to your name, open a bank account in the name of the estate, or perform legal actions on behalf of the estate. Without an inheritance order, banks and authorities will not allow you to access the deceased's assets or manage the estate.

An inheritance order is required in every case of death, whether or not there is a will. If there is a will, the inheritance order confirms the heirs designated in it. If there is no will, the inheritance order confirms the legal heirs according to the Inheritance Law (spouse, children, parents, etc.).

Will Execution Order — What It Is and Why You Need It

A will execution order is a legal order that confirms that a certain will is legal, valid, and effective. Its purpose is to ensure that the will is executed in accordance with the wishes of the deceased. A will execution order is required when there is a will and you wish to prove that it is valid, or when someone disputes its validity. A will execution order confirms that the will is properly signed, that the deceased had legal capacity when it was written, and that there was no undue influence or fraud.

A will execution order is not always required — only when there is a will and you wish to prove its validity or when there is a family dispute. If all parties agree that the will is valid, a formal will execution order can be avoided. However, often, banks and authorities require a will execution order to prove that the will is legal.

Which Order Do You Need in Each Situation?

• There is a will and all parties agree: You need an inheritance order. A will execution order can be useful but is not mandatory.
• There is a will and there is a family dispute: You need both an inheritance order and a will execution order. The will execution order will confirm its validity before the court and will provide you with legal protection against other heirs or beneficiaries.
• There is no will: You need only an inheritance order. This order will confirm the legal heirs according to the Inheritance Law.
• Will is contested or new: You need a will execution order to prove its validity, in addition to an inheritance order.

How Long Does It Take to Obtain an Inheritance Order and Will Execution Order?

The duration of the process depends on several factors: the complexity of the estate (number of assets, spouse or children), the existence of family disputes, the speed of document collection, and the court's workload. Generally, a basic process (without disputes) takes between 2 to 6 months. A complex process or one with family disputes can take a year or more.

In some cases, the process can be expedited through a written family agreement or through a shortened procedure (if the estate is small or if all parties agree). A boutique law firm can assist in accelerating the process and reducing the required time.

Costs of Obtaining an Inheritance Order and Will Execution Order

The costs associated with obtaining an inheritance order and will execution order include several components:

• Court fees: The court charges fees for submitting a petition. The fees depend on the value of the estate — a small estate will result in lower fees, a large estate will result in higher fees. Generally, these fees range from a few hundred shekels to several thousand.
• Legal counsel services: If you use a lawyer (highly recommended), you may have different costs depending on the lawyer and the complexity of the case. Boutique law firms provide personalized and professional service at reasonable costs.
• Registry and government agency fees: If you need to transfer assets (such as real estate or vehicles), there are additional fees to register the transfer at the Land Registry or with the Transportation Authority.
• Taxes and inheritance fees: In some cases, there is capital gains tax or income tax on the assets being transferred. A lawyer can guide you on this matter.

In total, typical costs for a basic process range between 3,000 to 15,000 shekels, depending on the complexity. A complex process or one with disputes may cost significantly more. However, the investment in a professional lawyer saves time, headaches, and costly legal mistakes.

Comparative Table — Inheritance Order vs. Will Execution Order

Common Mistakes in Obtaining an Inheritance Order and Will Execution Order

In our work as boutique lawyers in the field of inheritance law, we have seen many mistakes that people make when trying to obtain an inheritance order and will execution order on their own. Here are the most common mistakes:

1. Misunderstanding the Difference Between an Inheritance Order and a Will Execution Order

Many people think they are the same thing. They are not. An inheritance order grants you the legal authority to manage the estate, while a will execution order confirms the validity of the will. If you use one order when you need the other, banks and authorities may reject your request.

2. Incomplete Collection of Documents

Missing or unverified documents can lead to rejection of your application by the court. It is important to collect all required documents in certified copies immediately at the beginning of the process.

3. Incorrect Drafting of the Legal Application

A court application must be drafted with absolute legal precision and in accordance with court procedures. If the drafting is incorrect, the court may reject the application or require amendments. A professional lawyer knows exactly how to draft the application so that it passes successfully.

4. Failure to Notify Interested Parties

In some cases, you must notify other heirs, beneficiaries in the will, or even creditors of the deceased. If you do not notify them properly, they can appeal the court's decision.

5. Failure to Address Family Disputes

If there is a family dispute over the will or asset distribution, you need to be prepared to deal with it in court. If you ignore the dispute, it may escalate later and lead to lengthy and costly legal proceedings.

6. Misunderstanding of Costs and Taxes

Many people are surprised by the legal costs and taxes associated with inheritance. It is important to understand in advance how much it will cost and how taxes affect the distribution of assets.

Why Use a Boutique Lawyer for an Inheritance Order and Will Execution Order

While some people try to obtain a probate order and will execution order on their own, this is not recommended. Here's why a boutique lawyer is a smart choice:

• Deep legal expertise: A boutique lawyer specializing in inheritance law knows exactly how to navigate legal procedures, what banks require, and how to handle legal complexities.
• Time savings: A lawyer can accelerate the process, avoid costly mistakes, and ensure the order is issued as quickly as possible.
• Personal guidance: A boutique firm will accompany you at every step, answer your questions, and manage all correspondence with the court.
• Protection of your rights: If there is a family dispute, a lawyer will defend your rights in court and ensure you receive what is due to you.
• Legal certainty: By working with a lawyer, you know that everything is done properly and in accordance with the law, preventing future legal issues.