When a person dies without a valid will, their estate is distributed according to the default rules established in Israel’s Inheritance Law. Understanding who inherits what under these rules is important for estate planning and for heirs dealing with intestate estates.
The Basic Inheritance Order
The Inheritance Law establishes a clear hierarchy of intestate heirs. Spouse and children inherit together in the first instance. The spouse receives half the estate plus the right to continue residing in the family home. Children divide the other half equally.
If there are no children, the spouse inherits a larger share while parents and siblings receive the remainder. If there is no spouse, children inherit everything equally.
The Surviving Spouse’s Rights
The surviving spouse has special protections beyond their mathematical share of the estate. These include the right to remain in the matrimonial home, rights to household contents and personal property, and priority rights regarding the family vehicle.
When Children’s Rights Differ
All children inherit equally under Israeli law, regardless of age, gender, or which parent they were born to, so long as they are legally recognized as children. Adopted children have the same rights as biological children.
Grandchildren and Beyond
If a child of the deceased has already died, their children (the deceased’s grandchildren) inherit in their place, taking their parent’s share of the estate. This representation principle continues through successive generations.
The Probate Process for Intestate Estates
When there is no will, heirs must obtain a probate order (tzav yerushat) from the court or Inheritance Registrar. This order confirms the identity of the legal heirs and their shares. After issuance, the order is used to transfer assets to the heirs.
