Inheritance Without a Will
Who Inherits Under the Law?
By Adv. Liron Yitzhak Elmaliach | Updated: 2026 | Reading time: approx. 7 minutes
When someone dies without leaving a valid will, Israeli law steps in to determine who inherits their estate. The rules are set out in the Inheritance Law 5725-1965 (Chok HaYerusha), which establishes a clear hierarchy of heirs and the proportion each receives.
Understanding this hierarchy is important — both for families dealing with a bereavement, and for anyone considering whether they need to draft a will.
The Legal Order of Inheritance
Israeli law creates three "classes" of heirs. The first class takes everything. If no one from the first class is alive, the second class inherits. And so on.
- The spouse inherits half the estate when there are children
- Children divide the other half equally
- If a child predeceased the testator, their share passes to their own children (grandchildren of the deceased)
- If there are no children, the spouse inherits two-thirds and the second class one-third
- If there is no spouse, children inherit everything equally
Inherits only if there are no children or grandchildren. Parents and siblings divide the estate in equal shares. If a parent predeceased, their share goes to the siblings on that side.
Inherits only if there are no first or second class heirs. If there are no surviving heirs at all, the estate passes to the State of Israel.
The Surviving Spouse's Special Rights
Beyond the inheritance share described above, the surviving spouse has additional rights under Israeli law:
Important note: These rights apply to a legally married spouse. In Israel, marriage and divorce are governed by religious law for most citizens. A common-law partner (yedua betzibur) does not automatically receive these protections — making a will particularly important for unmarried couples.
Special Situations
Why the Statutory Rules Are Often Not Enough
The law creates a default — but it cannot know your specific wishes. Common situations where the statutory rules produce unintended results:
- You want to leave more to one child than another (perhaps due to a disability or special need)
- You have a common-law partner who would otherwise receive nothing
- You want to leave assets to a charity or institution
- You have a business that should be passed to a specific person
- You want to protect assets for grandchildren rather than let them pass to your children immediately
For any of these situations, a properly drafted will is essential. See our article on how much it costs to draft a will in Jerusalem.
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