After the death of the testator, care must be taken to take care of the estate left by the testator. This is more urgent the larger and more complicated the estate, as it cannot be left without an owner and care.
After the deceased's death, it is necessary to check whether he left behind a will or not, as the procedures in each case are different, as will be explained below.
In order to obtain orders regarding the distribution of the estate, it is possible to contact the Rabbinical Court or the Registrar of Inheritance in the area in which the testator resided. In this article, we will deal with a request submitted to the Registrar of Inheritance, as this is the most common case.
What to do if the deceased left a will?
If the deceased left a will, then the inheritance is distributed according to the will, and in order to enforce it, a request for an order for the enforcement of a will must be made to the registrar of inheritance matters in whose area the testator resided on the eve of his death. This request must be submitted in 4 copies.
The request includes various provisions regarding the beneficiaries, their share in the will, their eligibility, age, family status, and so on.
This request must be signed in front of a lawyer, as an affidavit is attached to it.
What documents must be attached to the application for a probate order?
1. Original will - Original copies should be in the possession of both the deceased and the attorney who drafted the will.
2. Original death certificate - which should be received from the Ministry of the Interior.
3. Notices to winners - In the event that there are several winners according to the will, notices must be sent to the other winners, so that they are informed of the request, and these notices must be attached to the request.
4. Signed power of attorney - if the winners decide to be represented in the proceedings before the Registrar of Inheritance Matters.
5. Two payment vouchers are paid - a fee must be paid both for publishing the application in the press and for processing at the registrar's offices. The rates of these fees were determined according to the Ministry of Justice rates and are subject to change. It should be clarified that this payment is not related at all to the payment to the attorney.
What should be done if the deceased did not leave a will?
In the event that the deceased did not leave a will, then the estate will be divided according to the rules of inheritance according to law as set forth in the Inheritance Law. The law determines precisely who the heirs are and what their share is, with the beneficiaries usually being those from the first family circle - spouse and children.
In this case too, a request must be made to the Registrar of Inheritance Matters, which should be submitted in four copies, however in this case the request is different and is called: "Request for the Issuance of an Inheritance Order". This request is also accompanied by an affidavit that must be signed before an attorney.
What happens after filing a request for a probate order or a request for an inheritance order?
After filing an application for a probate order (in the event that a will has been made) or filing an application for a succession order (in the event that no will has been made), the Registrar of Inheritance will ensure that the filing of the application is published in a newspaper, so that he can inform anyone who may object to the application. In addition, the Registrar will examine the application and check whether there is any defect in it and/or in the documents attached to it and/or in the will. A copy will also be forwarded to the General Guardian, who will also examine the application.
If there are no problems and/or objections to the request, then after a period of time, an order for the execution of a will or an order for the granting of an inheritance will be issued, as the case may be, and the estate can be divided among the heirs/beneficiaries, in accordance with the order.
• For additional questions, please contact: [email protected]. Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
Join the Haredim 10 Facebook page >>
Join the X page of Haredim 10 >>
Want more news, videos and stories? Join the Haredim 10 WhatsApp channel >>
