If a person passes away without leaving instructions, their property is distributed not according to what they may have wanted, but strictly according to the Israeli Inheritance Law (חוק הירושה). In this situation, the state applies a standard formula that often leads to family conflicts, frozen bank accounts, and lengthy bureaucratic procedures.
Inheritance in Israel without a will is distributed strictly by law, and this order does not always correspond to the family’s real wishes or the interests of the surviving spouse.
Attorney and notary Elena Gomelski (Tel Aviv) explains in detail who receives the property by law and why the standard distribution may become a serious problem for the surviving spouse and children.
Order of Inheritance by Law (Tzav Yerusha)
The process of receiving an inheritance without a will requires obtaining a special state document — an Inheritance Order (צו ירושה — Tzav Yerusha) from the Registrar of Inheritance Affairs.
The law establishes a strict hierarchy of heirs, known as “parentelas.” Closer relatives completely exclude more distant relatives from inheritance.
Property Distribution Table: Main Scenarios
| Family composition at the time the inheritance is opened | How the property is distributed by law |
| A spouse and children remain | The spouse receives 50% of all property, plus the family car and household items. The children divide the remaining 50% equally among themselves. |
| Only a spouse remains, with no children | The spouse shares the inheritance with the parents, if they are alive, or with the deceased’s brothers and sisters. The spouse’s share ranges from 2/3 to 100%, depending on the length of the marriage and the specific relatives involved. |
| Only children remain, with no spouse | All property, 100%, is divided equally among the children. |
| There is no spouse and no children | The inheritance passes to the deceased’s parents. If they are no longer alive, it passes to the deceased’s brothers and sisters. |
Main Risks: Why Legal Distribution Does Not Suit Everyone
Many Israelis mistakenly believe that if an apartment was purchased during marriage, after the death of one spouse it automatically and fully passes to the other spouse. This is not the case. Half of the deceased spouse’s share passes to the children. This is where the main legal problems begin.
1. Shares of minor children and state intervention
If children under the age of 18 become heirs, their share, such as part of an apartment or part of a bank account, is frozen. The surviving spouse will not be able to sell, exchange, or mortgage the family apartment without special permission from the General Guardian (Apotropus Klali) and the Family Court. The state will strictly control that the money from the sale of the children’s share is placed into closed accounts until they reach adulthood.
2. Civil partnerships (Yeduim BeTzibur)
In Israel, many couples live together without official marriage registration, under the status known as “publicly recognized partners.” If one partner dies without a will, the other will have to go through a difficult and lengthy court process, proving that they maintained a shared household in order to receive rights to the property.
3. Blocking of joint bank accounts
At the moment of a person’s death, the bank automatically blocks their accounts. Even if the account was shared with a spouse, and if the “Seif Arichut Yamim” form was not signed in advance, the surviving spouse loses access to half of the funds until an Inheritance Order is obtained. This process may take several months.
How can you protect your family from bureaucracy and conflicts?
The only legal way to override the standard inheritance rules and protect your loved ones from court proceedings is to prepare a will in advance.
By preparing a notarial will in Israel (How to Properly Prepare a Notarial Will in Israel: Complete Guide), you gain full control over the future of your assets. You can:
- Leave all property to your spouse so that he or she can freely manage the apartment and accounts, while the children receive the property after both parents have passed away.
- Exclude relatives with whom you do not maintain a relationship from the list of heirs.
- Clearly define the rights of a civil partner (yadua/yedua be-tzibur), saving him or her from humiliating court proceedings.
Take responsibility for your family’s future into your own hands. Protect your loved ones from bureaucratic traps and months of waiting for access to bank accounts. Contact the office of attorney and notary Elena Gomelski in Tel Aviv for a confidential consultation. Call 03-375-1178 or leave an online request on this page. We will help you properly record your wishes.
Inheritance in Israel without a will may lead to unexpected property distribution, blocked accounts, and disputes between relatives. To avoid bureaucracy and protect the interests of a spouse, children, or civil partner, it is important to prepare a legally accurate will in advance. A consultation with an attorney will help you choose a safe solution and record your wishes in accordance with the law.
