Succession Order vs. Probate Order
What Is the Difference?
By Adv. Liron Yitzhak Elmaliach | Updated: 2026 | Reading time: approx. 6 minutes
When someone passes away, the question immediately arises: what is the legal process for dealing with their estate? In Israel, there are two main legal instruments: a Succession Order (Tzav Yerusha) and a Probate Order (Tzav Kiyum Tzava). Many people confuse them — but they are completely different proceedings that apply in different situations.
The Basic Distinction
Issued when the deceased left no valid will. The order declares who the legal heirs are and in what proportions, according to the Inheritance Law 5725-1965. The court does not decide who inherits — the law decides; the order merely confirms it.
Issued when the deceased left a will. The order confirms that the will is valid and that there is no legal impediment to executing it. The order does not in itself transfer assets — it is the legal authorisation to act in accordance with the will.
When Do You Need Each?
- The deceased died without leaving any will
- A will exists but was declared invalid by the court
- The will covers only part of the estate
- The deceased left a handwritten will (Tzava Biktav Yad)
- The deceased left a witnessed will (Tzava Bifnei Edim)
- The deceased left a will deposited with the Inheritance Registrar
- The deceased left a notarised will
Process Stages — What Is Similar and What Differs
Both proceedings begin at the Registrar for Inheritance Affairs (Rasham HaYerushot) and follow a similar structure:
- 1.Filing the application — Submitting the application with supporting documents — death certificate, identity documents, family status, and (for probate) the original will.
- 2.Publication and objection period — The Registrar publishes a notice. All known heirs and interested parties have 14 days to file an objection.
- 3.No objection → Registrar issues the order — If no objection is received, the Registrar issues the order. This is the fastest route — typically 6–10 weeks.
- 4.Objection filed → Family Court — If an objection is filed, the matter is transferred to Family Court. This can take months to years depending on the dispute's complexity.
- 5.Using the order — Once issued, the order is presented to banks, the Land Registry, and other institutions to transfer assets to the heirs.
Common Mistakes
Applicants sometimes file for a Succession Order when a will exists, or vice versa. This causes delays when the Registrar discovers the error.
The application must include all known heirs. Omitting an heir — even unknowingly — can lead to the order being contested and potentially revoked.
Heirs sometimes discover additional assets (foreign accounts, old property) after the order has been issued. It is better to conduct a thorough asset search before filing.
Need to obtain a Succession or Probate Order?
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