The Inheritance Registrar

The Inheritance Registrar – A Guide

Summary:

The way to exercise inheritance rights by a will by a probate or an inheritance order with the Inheritance Registrar as long as there is no dispute among inheritors as to division of the estate and inheritors’ identity.

 

Key words: probate, Inheritance Registrar, Administrator General, death certificate

 

Inheritance Registrar – A Guide

 

The suitable place to submit a petition for inheritance order and a petition for probate

The most common way to exercise inheritance rights is to obtain an inheritance order/probate with the Inheritance Registrar as long as there is no dispute among inheritors as to division of the estate and the identity of inheritors. The process starts by submitting a suitable petition with the Inheritance Registrar whose address is in the Administrator General and the Official Receiver.

Petitions for the purpose of appointing an estate administrator should be submitted with the Inheritance Registrar when the petition is submitted with the agreement of all inheritors. In the event that there is no full agreement among all inheritors as to the appointment of an estate administrator the petition should be submitted to the court.

 

Obligation to enclose death certificate to the petition for inheritance order/probate

It is obligatory to enclose an original death certificate by the testator or a death declaration to the inheritance order petition or the probate petition submitted to the Inheritance Registrar.

A death certificate can be obtained at the population register of the Ministry of Interior in the deceased’s last place of residence.

If, for any reason, there is no death certificate in the Ministry of Interior, or if there is no death declaration in respect of the testator, a petition to issue an order for the testator’s death declaration should be obtained from court.

 

Ministry of Interior procedure for issuing a death certificate

An interested party may obtain a death certificate of another person registered in the register if the death occurred in Israel.

  1. A resident of the Palestinian Authority who died in Israel, a first degree relative or any party that has alleged interest in the matter is entitled to obtain a death certificate.
  2. A resident/citizen of Israel who dies in the Palestinian Authority area – the petition shall be delivered to the Palestinian Authority for the purpose of issuance.
  3. A foreigner who died in Israel – his death certificate may be issued.
  4. The petition may be submitted verbally or in writing.
  5. Presentation of identification card is required for the purpose of identifying the applicant.
  6. The applicant may receive a death certificate of another in the event he is a first degree relative (spouse, parent of his children, grandfather/grandmother for their grandchildren, grandchildren for their grandparents) or whoever proves that he had interest in the matter.
  7. The deceased’s identification card and/or passport should be furnished (in the event they were not furnished at the hospital).
  8. In the event the applicant is the deceased’s spouse and the personal status in the identification card was not changed yet, the attachment to the identification card should be provided for the purpose of executing the change.
  9. The service is free of charge.

Manner of preparation of a petition for inheritance order/probate

When preparing a petition for inheritance order/probate to be submitted to the Inheritance Registrar, applicants’ details should be specified including full name, ID. No., address and telephone. In addition, the full details of all other inheritors should be specified even if they do not submit the petition.

The testator’s details should be specified, as well as his children’s, and parents’ details – in the event of no children.

In certain circumstances details such as the testator’s place of residence and vehicle should be specified.

 

Obligation to enclose the original will

In the event of a probate – it is obligatory to enclose the original will, except for an oral will and in such circumstances suitable affidavits should be submitted.

In the event there is no original will – if it was proven that the original was destroyed in a manner or under circumstances wherein cancellation of the will is not possible, or that the original cannot be submitted, the court may allow proof of the will by submitting a copy or in another manner.

 

Partial will – when the will does not include all the property

In the event the testator wrote a partial will that did not include all his assets – a probate shall be granted in respect of the assets that were included in the will and an inheritance order shall be granted in respect of the remaining assets in the testator’s estate. For the purpose of this matter it is important to read the will carefully and examine only the will’s language in order to see whether the will includes all of the testator’s estate or refers only to specific assets in his estate.

 

Submitting an objection to will/inheritance

When a petition for an inheritance order or a probate is submitted, the Inheritance Registrar is obligated to advertise the said petition, by publishing an ad in newspapers, and set an appropriate time that shall not fall below two weeks to submit an objection to execute a will/objection to executing a probate.

Whoever wishes to prevent the execution of a will must submit an objection to execute of a will in the framework of which he shall specify the legal and factual grounds that justify cancellation of the will.

Whoever wishes to prevent receipt of an inheritance order also has to submit an objection and specify in the framework of the objection his reasons. Concurrently, the party submitting the objection has to submit a petition for an inheritance order or a petition to execute another will that, according to his contention, is valid.

 

Depositing a will for custody with the Inheritance Registrar during the testator’s life

Already during the testator’s life, the testator may deposit his will in the Inheritance Registrar office. The said deposit will be executed by the testator in person. The testator is entitled at all times to demand to receive the will. Depositing the will will ensure that after the testator’s death the will can be located easily and the inheritors will not have to look for the will.

 

The Inheritance Registrar’s authority to appoint an estate administrator

The Inheritance Registrar is authorized to appoint an estate administrator when the request is agreed by all the inheritors. In the absence of agreement among the inheritors as to the estate management, the case will be transferred to the family court that will hear all the petitions in connection with the estate administration.

The estate administrator’s responsibilities are: to concentrate the estate assets, deliver a notice to creditors whether the estate is in debt, repay debts, safeguard the estate assets, manage accounts, submit a specification and reports to the Administrator General and divide the estate among the inheritors.

It is important to understand that an appointed estate administrator will be entitled to receive fees in respect of his work according to certain percentage out of the value of the estate which he administers.

 

Appointing a temporary estate administrator by the Inheritance Registrar

A temporary estate administrator is appointed for a period of four to six months when the court, at its discretion, may set longer periods.

The responsibilities of the temporary estate administrator are:

  1. Concentrating the estate’s assets.
  2. Advertising a notice to creditors
  3. Repayment of debts
  4. Safeguarding the estate’s assets: investing moneys, leasing assets, selling assets and business management.
  5. Executing special actions following the court’s instructions
  6. Account management, submitting a specification and financial statements to the Administrator General.

 

Appointing a permanent estate administrator by the Inheritance Registrar

A permanent estate administrator is appointed for a period of two years. The responsibilities of the permanent estate administrator are:

  1. The same responsibilities of a temporary estate administrator – safeguarding the estate’s assets and so on.
  2. Selling assets and rights: apartments, real estate, vehicles, chattel, apartment content, rights in companies.
  3. Dividing the estate among inheritors: transferring assets and rights in registration in the inheritors’ name.

Registrar Inheritance offices – addresses, telephones and opening hours:

Inheritance Registrar – Center and Tel Aviv District

Address: 2 HaShlosha St., PO Box 9040, zip code 61090

Tel.: 03-6899700;

Fax: 02-6467548

Opening days/hours: Sunday – Thursday: 08:30-12:30

 

Inheritance Registrar – North and Haifa District

Address: 15 Pal Yam St., PO Box 847, zip code 31008

Tel.: 04-8633777

Fax: 02-6467564

Opening days/hours: Sunday, Monday, Wednesday, Thursday, 08:30-12:30; Tuesday: 14:00-16:30

 

Inheritance Registrar: Nazareth

Address: 3 HaMelacha St., PO Box 1245, zip code 17111

Tel.: 04-6029101

Fax: 02-6467564

Opening days/hours: Sunday, Monday, Wednesday, Thursday, 08:30-12:30;

 

Inheritance Registrar – South and Beer Sheba

Address: 4 HaTikva St., PO Box 965, zip code 84108

Tel.: 08-6264558

Fax: 08-6264594

Opening days/hours: Sunday, Monday, Wednesday, Thursday, 08:30-12:30

 

Inheritance Registrar – Jerusalem

Address: 15 Kanfei Nesharim St. zip code: 95464

Tel.: 02-6215757

Fax: 02-6467573

Opening days/hours: Sunday, Monday, Wednesday, Thursday, 08:30-12:30

 

Transferring hearing of the case from the Inheritance Registrar to the family court

The cases wherein the Inheritance Registrar will transfer the hearing of the petition for an inheritance order/petition for probate to the court:

(1)   If an objection to the petition for inheritance order or the petition for probate was submitted

(2)   If the State or institute thereof are a party to the petition;

(3)   If the Attorney General or representatives thereof saw fit to institute a proceeding for the purpose of the petition or joining the proceeding;

(4)   If the Administrator General represents in the petition a dependent person, minor, or a missing person;

(5)   If the will is an oral will (death-bed testament);

(6)   If the will is faulty or meaningless within its meaning in section 25;

(7)   If the Inheritance Registrar saw fit to transfer the application to the court.

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