Preparation of Inheritance Order in Ramat Gan

Preparation of Inheritance Order — What It Is and Why It Matters

An inheritance order is a legal document issued by the court that confirms the rights of heirs in the assets of the deceased and determines the scope of their inheritance. Preparing an inheritance order is a complex legal process that requires a deep understanding of Israeli inheritance law, court procedures, and precise documentation requirements.

For many families, preparing an inheritance order constitutes a critical step in the process of distributing the estate and closing the deceased's affairs. This process can be particularly complex when there are multiple heirs, disputed wills, or assets of significant value that require careful legal assessment.

Mandelboum, Gor, Witzman-Gor & Co. has years of experience in preparing complex inheritance orders in Ramat Gan and the Central District. We provide comprehensive legal advice, from assessing the financial situation of the assets, through filing court petitions, to obtaining the final inheritance order.

Who Requires Preparation of an Inheritance Order?

An inheritance order is primarily required when there is a need for formal legal settlement of the rights of heirs. There are cases where filing a court petition can be avoided, but in the vast majority of cases, especially when dealing with substantial assets or complex distribution, an inheritance order is the only legal tool for achieving a secure legal settlement.

An application for an inheritance order may be filed in three main circumstances:

• When a will exists: Heirs or estate administrators will file a petition for approval of the will and receipt of an inheritance order that distributes the assets in accordance with the wishes of the deceased.
• When there is no will: Statutory heirs (spouses, children, parents) will file a petition for distribution of the assets in accordance with Israeli inheritance laws.
• When there is a dispute among heirs: The court will be required to resolve the dispute and determine the rights of each heir in accordance with the law.

Steps in the Inheritance Order Preparation Process

The process of preparing an inheritance order requires careful legal planning and execution of several important steps:

• First step — Information gathering and documentation: We collect all relevant documents, including a will (if it exists), death certificate, identity documents, a list of the deceased's assets (apartments, bank accounts, investments, vehicles, etc.) and identification of the statutory heirs.
• Second step — Assessment of family and financial circumstances: We examine the family situation, the existence of possible disputes between heirs, claims against the estate, and any other factor that may affect the process.
• Third step — Preparation of legal documents: We assess the assets, calculate the distribution of the inheritance in accordance with the law, and prepare all documents required for the petition to the court.
• Fourth step — Filing the petition with the court: We file the petition for an inheritance order with the competent court, in full compliance with procedural requirements and regulations.
• Fifth step — Guidance through the legal process: We represent the client before the court, deal with possible objections, and lead the proceedings until the final inheritance order is obtained.
• Sixth step — Closure and execution: After obtaining the order, we assist in executing its provisions, including transferring assets to heirs, closing bank accounts, and resolving any secondary issues that may arise.

Types of Wills and Their Impact on Obtaining a Probate Order

Israeli inheritance law recognizes several types of wills and expressions of intent that can significantly affect the probate order process.

Formal Written Will: This is the standard and preferred form of will. Such a will must meet strict legal requirements, including the signature of the testator (deceased), signatures of two witnesses, and a clear date. A formal written will substantially facilitates the probate order process, as it constitutes strong evidence of the deceased's wishes.

Handwritten Will: A will written in the deceased's handwriting, without witnesses, may be valid in Israel but requires careful legal examination. Generally, courts require additional evidence of the will's authenticity, such as handwriting analysis, the circumstances under which the will was written, and the deceased's state of mind at the time of writing.

Oral Will with Witnesses: A will declared orally before witnesses, without written documentation, may be valid but requires very strong evidence. Courts generally treat such wills with considerable caution, as it is easier to claim they are forged or misunderstood.

Contested Will: When there are claims to invalidate a will or assertions that the will is not valid, the probate order process becomes much more complex. In such cases, we represent one of the parties in the lawsuit, and the court proceedings may last months or even years.

Rights of Heirs in Israel

Israeli inheritance law establishes a clear order of heirs, determining who is entitled to the deceased's assets and in what proportion.

Spouse: The spouse of the deceased is a primary heir. If there is a will, the spouse may receive all or part of the assets. If there is no will, the spouse inherits according to law, typically receiving a substantial portion of the assets.

Children: The deceased's children (biological or adopted) are heirs. If there is a will, children may receive a smaller portion of the assets, but they are generally entitled to a minimum share called "forced heirship." If there is no will, children inherit according to law.

Parents: If there is no spouse or children, the deceased's parents are heirs. They inherit the assets according to law.

Siblings: If there is no spouse, children, or parents, the deceased's siblings are heirs.

Forced Heirship: In Israel, there is a right called "forced heirship." This right ensures that the deceased's children receive a minimum portion of the assets, even if the will is worded otherwise. Generally, forced heirship is half of the share the child would have received had there been no will.

Inheritance Disputes and How We Handle Them

In many cases, the probate order process is not smooth or easy. Disputes among heirs can arise for various reasons, ranging from disagreements about the will's content to claims that a will was written under undue influence.

Claims to Invalidate a Will: An heir who believes a will is not valid or was written under undue influence may file a claim to invalidate the will. Courts generally require strong evidence for such a claim.

Claims for Unfair Distribution: An heir may argue that the will or distribution of inheritance is unfair and request a different division of the assets.

Claims Regarding Rights in Shared Assets: When the deceased owns shared assets (for example, a jointly owned apartment with a spouse), disputes may arise regarding who is entitled to these assets.

We have extensive experience handling inheritance disputes. We represent our clients in such claims, attempt to reach settlement agreements when possible, and lead the case in court when settlement is not possible.

Costs of Preparing an Inheritance Writ

The costs of preparing an inheritance writ vary depending on the complexity of the case, the number of heirs, the value of the assets, and the existence of disputes. Generally, these costs include attorney fees, court filing fees, asset valuation costs (when required), and payments to other parties such as surveyors or appraisers.

Attorney Fees: Law firms typically charge fees by the hour or a fixed fee per case. In simple cases, the fee may be lower, while in complex or disputed cases, the fee can be considerably higher.

Court Filing Fees: The court charges fees for filing a request for an inheritance writ. The amount of the fee depends on the value of the assets being administered.

Additional Expenses: In some cases, asset valuation may be necessary (for example, appraisal of an apartment or business), or assistance from a surveyor or appraiser may be required. These expenses are added to the total cost.

Mendelboim, Gor, Witzman-Gor & Co. law firm offers a free initial consultation, during which we evaluate the complexity of your case, estimate expected costs, and offer a clear action plan.

Why Choose Mendelboim, Gor, Witzman-Gor & Co.?

Deep Experience in Inheritance Law: Our firm has more than 18 years of experience in inheritance law, wills, and asset distribution. We have handled both simple and complex cases, and we have a deep understanding of every aspect of this process.

Personal and Dedicated Approach: We believe that each case is unique, and every client deserves a personalized approach. We take time to understand your situation, your needs, and your vision for the future, and we work in close collaboration to achieve the best outcome.

Professional Documentation and Management: We maintain meticulous documentation of every step in the process, and we regularly update our clients on case progress.

Free Initial Consultation: We offer a free initial consultation, where you can meet our team, understand the process, and ask any questions you may have.

Located in Ramat Gan: Our office is located in Ramat Gan, at Donsh Street 1, making us easily accessible to residents of Ramat Gan, Petah Tikva, and the central region as a whole.