International Inheritance

When a Loved One Dies Abroad and Leaves Assets in Israel

By Adv. and Notary Ariela Rosenthal-Sudry

Expert in Family and Inheritance Law in Israel and Cross-Border Estates

In today’s global world, it is increasingly common for individuals to live, work, invest, or retire outside their country of origin. As a result, many Israeli citizens or individuals with ties to Israel pass away abroad while owning assets in Israel.

This situation raises complex legal questions:

Which country’s law applies to the estate? How can a foreign will be enforced in Israel? What steps must heirs take to inherit property located in Israel?

As a seasoned attorney fluent in multiple languages, with extensive experience in international inheritance cases, I have assisted numerous families in navigating the legal and emotional challenges of cross-border estates. This article offers essential guidance on what to expect—and what to prioritize—when handling an estate with international elements.

When Is an Estate Considered “International”?

An inheritance case is considered international when one or more of the following factors exist:

• The deceased resided abroad at the time of death
• The estate includes assets located in more than one country
• The will was drafted or signed outside Israel
• The heirs live in different jurisdictions
• Legal procedures are required in more than one country

The Israeli Rule: The Law of the Deceased’s Domicile

According to the Israeli Succession Law, 1965 (Section 135), the law that governs the estate is the law of the deceased’s habitual residence at the time of death, unless the deceased explicitly chose another applicable law in a valid will.

This means, for example, that if a person lived permanently in France but left a property in Israel, French inheritance law may govern the entire estate—unless the will clearly states that Israeli law should apply.

This legal reality raises several key issues:

• Determining “habitual residence” is a factual question, not merely a matter of official address. Factors such as length of stay, center of life, and future intentions are all relevant.
• The existence and validity of a will must be examined under both the law of the country where it was made and Israeli law.
• The will’s reference to applicable law is crucial. If the testator explicitly chooses Israeli law, this choice can simplify the legal process.

Common Legal Challenges in International Inheritance Cases

1. Foreign Documents Require Legalization

   Documents issued abroad—such as death certificates, wills, or notarial confirmations—must be authenticated via Apostille or a consular certificate before they can be recognized in Israel.

2. Certified Translations

   All documents in a foreign language must be translated into Hebrew by a certified notary. In some cases, a translation into the foreign country’s language is also required.

3. Obtaining Probate or Succession Orders in Israel

   Even if a foreign court has issued a probate or inheritance order, Israel requires a separate process. Heirs must file a petition for a Succession Order or a Probate Order before the Israeli Registrar of Inheritance or the Family Court.

If a foreign court decision exists, an application for recognition of a foreign judgment may be necessary under Israel’s Enforcement of Foreign Judgments Law.

1. Legal Differences Between Jurisdictions

   Many legal systems have different approaches to inheritance.

   For example, French and German law protect “forced heirs” (such as children), regardless of the will’s content. In contrast, Israeli law allows full testamentary freedom, subject to certain conditions such as the testator’s mental capacity and absence of undue influence.

Key Considerations for Heirs and Executors

• Seek Legal Advice from a Cross-Border Expert

  An attorney who understands both Israeli and foreign laws—or works closely with local counsel abroad—can ensure smoother navigation of the legal process.

• Collect and Organize Key Documents

  These include: a copy of the will, death certificate, identification documents, list of assets, property deeds, bank statements, previous power of attorney or guardianship records.

• Be Aware of Tax Implications

  While Israel generally does not impose inheritance tax, foreign jurisdictions might. In addition, property transactions in Israel may be subject to capital gains or purchase tax.

• Address Family and Cultural Sensitivities

  Cross-border estates often involve multicultural families, multiple jurisdictions, and sometimes conflicting expectations. A respectful and discreet approach is essential.

When Should You Contact a Lawyer?

If a loved one passed away abroad and left any property, bank accounts, investments, or real estate in Israel—contacting a lawyer early is highly recommended. The sooner legal action is taken, the easier it is to locate documents, clarify the testator’s intent, and protect your rights as an heir.

In Conclusion

Handling the estate of someone who lived abroad and owned property in Israel involves legal nuance, administrative complexity, and emotional sensitivity. It is not just a legal matter—it is often a deeply personal one.

An experienced inheritance attorney who is also a notary and fluent in multiple languages can bridge the gap between jurisdictions, protect your interests, and bring clarity and professionalism to a challenging process.