Complete Guide — Adv. Liron Yitzhak Elmaliach
Intestate Succession — Who Inherits and How?
When the deceased left no will, the Succession Law determines who inherits and in what share. A complete guide to the order of heirs, their respective shares, and the practical steps of the inheritance process.
Statutory Inheritance — What Does the Law Say?
Approximately half of all Israelis die without a will — contrary to the common assumption that wills are only for the wealthy or that things will work themselves out without one. When there is no will, the Succession Law 5725-1965 takes effect and decides — sometimes in ways that surprise the family.
The Succession Law divides heirs according to family proximity, in a strict order of priority. The first tier — the highest priority — is the surviving spouse and descendants (children, grandchildren, great-grandchildren). If none exist, the inheritance passes to the second tier: the parents and their siblings. And if those are not alive, to the third tier: the grandparents and their siblings. Only if there is no heir at any tier does the State inherit.
Importantly, the tiers do not share with each other. The presence of even one heir in a higher tier entirely excludes lower tiers from inheriting. This means that if the deceased left a single child, the entire estate passes to that child (shared with the surviving spouse if there is one). The parents and all other family members inherit nothing, regardless of how close the relationships were.
In practice, circumstances can be significantly more complex: a deceased who was married twice with children from both marriages; a deceased with a common-law partner; a deceased in the middle of divorce proceedings; a deceased with debts — each of these situations is complex and requires experienced legal guidance.
Order of Heirs Under the Succession Law
Tier 1 — Spouse and Descendants: When there is both a surviving spouse and children, the spouse inherits all personal moveable property (furniture, vehicles, jewellery, personal items), the right to reside in the shared family home for the rest of their life, and half the residual estate. The children divide the remaining half equally among themselves.
When there are children but no surviving spouse, the children inherit the entire estate in equal shares. When there is a surviving spouse but no children, the spouse inherits the entire estate — with no sharing with the parents. One exception: if the deceased inherited property from their own family and had no children, part of that inherited property may revert to the deceased's family of origin.
Tier 2 — Parents and Siblings: When there is no surviving spouse and no children, the parents inherit and divide equally. If one parent predeceased the deceased, that parent's share passes to their siblings (the deceased's siblings). A parent who died without siblings passes their share to the other surviving parent's spouse, and in their absence, to that parent's siblings.
Tier 3 and Beyond — Grandparents, Uncles/Aunts, the State: When there are no heirs in Tiers 1 or 2, grandparents and their siblings (the deceased's uncles and aunts) inherit. In the absence of all such heirs — the State inherits. The State as heir is obligated to administer the estate and preserve the assets for a period, and in practice, if a legal heir is later discovered, it is possible to claim rights.
Steps of the Intestate Inheritance Process — What to Do in Practice
The first step is to confirm that no will exists — this can be checked in the government Will Registry. Only after ruling out a will should you proceed to apply for a Succession Order. Initiating the process before this question is resolved can lead to the Order being set aside later.
Next, the attorney compiles all the deceased's documents and the details of every heir — including children from prior marriages, children born outside marriage, and anyone else who may have a claim. It is extremely important not to omit any heir — even if you are not in contact with them, they are a legal heir and knowingly omitting them is a criminal offence.
After gathering the documents, the attorney prepares an Heirs' Affidavit — a detailed legal document listing the deceased's full particulars, family members, marital status (marriages, divorces, prior deaths), and a declaration that no will is known to exist. The Affidavit is filed with the Registrar for Inheritance Matters together with the application and all required supporting documents.
Once the Order is received, the attorney proceeds to distribute the estate assets: banks, National Insurance, pension funds, and real property. For real estate, an application to the Tax Authority for clearance (inheritance is exempt from Capital Gains Tax, but a declaration is required) and then registration of the title transfer with the Land Registry in the heirs' names.
When the Estate Includes Debts — What to Do
Inheritance is not only assets — an heir also takes on responsibility for the deceased's debts, but within defined limits. The heir must pay debts from the estate assets received, but no more than the value of those assets. In other words, an heir will not emerge from the inheritance process with a personal debt — at worst they receive nothing (if the debts exceed the assets), but they will not be required to pay from their own pocket.
When it is known that the deceased left debts, one of the best solutions is to apply for an Estate Administrator. The Administrator publishes a notice to creditors, consolidates all debt claims, and distributes the assets according to a statutory priority order — first secured creditors (mortgages, pledges), then unsecured creditors, and finally the heirs. This approach protects the heirs from future claims by creditors.
Another option is to renounce the inheritance. If it is clear that the debts exceed the assets, an heir may renounce their entitlement within 3 months of learning of the inheritance. This renunciation absolves them of all liability for the debts. If all heirs renounce, the estate is transferred to a court-appointed trustee who administers the repayment of debts.
Frequently Asked Questions — Intestate Succession
Answers to the most common questions about inheriting without a will in Israel
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Inheritance Lawyer — Liron Yitzhak Elmaliach
Succession Order, estate distribution, inheritance with debts — contact us for a complimentary introductory meeting with no obligation. 33 HaShneim Asar, Pisgat Ze'ev, Jerusalem.