Israeli Probate and the Need for a Foreign Law Opinion

When an estate in Israel involves a deceased person who resided or made a will abroad, Israeli law imposes a special requirement before the inheritance can be settled – an expert legal opinion on the foreign law must be provided to the Israeli authorities.

In this article, I explain the legal rationale for this requirement, the circumstances in which it applies, how such an opinion is obtained, and what it means for executors and heirs. The discussion is rooted in Israeli law – in particular, the Succession Law, 5725-1965 (the “Law”), and more specifically Section 137.

Israeli Legal Basis: Section 137 of the Law

Under Israel’s Succession Law (1965), if an individual was not domiciled in Israel at the time of death, the inheritance is governed by the law of that individual’s domicile (last country of residence). This is the core principle set out in Section 137 of the law. In practical terms, it means that when the Israeli courts handle an estate for an individual who lived abroad, and who held or owned assets in Israel, the courts must apply the foreign inheritance law of the country where that individual resided, rather than Israeli inheritance rules.

Jurisdiction vs. Applicable Law: Section 136 of the Law gives Israeli courts jurisdiction if the deceased left assets in Israel (or was an Israeli resident). So, in the event the individual lived abroad, the Israeli court can issue a probate or succession order for assets in Israel. However, Section 137 then directs that the court must use the foreign law of the deceased’s domicile at the time of death, to decide on the validity of the will and on the inheritance.

Why an expert opinion? Israeli judges are experts in Israeli law, not in the laws of all other countries. Furthermore, Israeli legal procedure treats the content of foreign law as a question of fact that must be proven with evidence. The court will not simply know or take judicial notice of another country’s inheritance rules. Therefore, Section 137’s mandate effectively requires the parties to provide proof of the foreign law to the Israeli court. To fulfill this, it is required to obtain an expert legal opinion on the foreign law and submit it during the probate process. In fact, Israeli practice has made this a mandatory part of the process: without a proper foreign law opinion, the court (or Registrar of Inheritance) will not proceed to issue a probate or inheritance order without such legal opinion.

Why is a Foreign Law Opinion Necessary?

Requiring a foreign law opinion might appear to be an extra hurdle, but there are solid reasons for this requirement:

· Proof of Validity of the Will: If there is a will that was executed abroad, the court needs confirmation that the will is valid according to the law under which it was executed. Different countries have different requirements for a will to be valid (number of witnesses, notarization, etc.). Israeli law generally recognizes foreign wills as valid if they were made in accordance with the laws of the testator’s domicile or the place where the will was executed. The foreign law opinion provides evidence of this. It will typically state that the will met all the formal requirements of the foreign law and is legally effective there, so thus the Israeli court can safely honor it. (Likewise, if there was no will, the opinion will explain the foreign law’s rules of intestate succession.)

· Applying the Correct Law: As explained, Israeli courts must apply foreign succession law in such cases. The opinion from a legal expert ensures the court knows exactly what that foreign law states. Without it, the court would have no reliable way to determine, for example, how a will should be interpreted under the law of another country nor who the legal heirs are under that law. The expert opinion bridges the knowledge gap in such a case.

· Determining Heirs and Shares: Many legal systems abroad have mandatory heirship rules (for instance, requiring a certain portion of the estate to go to the spouse or children). Israeli inheritance law, by contrast, allows almost complete freedom of testation. So, therefore applying foreign law can sometimes lead to a different distribution than Israeli law would. The foreign law opinion is critical to spell out who the heirs are under the foreign law and what share of the estate each individual is entitled to. For example, under some foreign laws, children cannot be entirely disinherited and are guaranteed a fixed share. If a will states that everything should be bequeathed to one person, the court needs the expert to clarify that under foreign law, those children are entitled to their reserved portion. The Israeli probate order will then be crafted to respect those foreign-law rights. In short, the opinion prevents mistakes and ensures the estate is distributed correctly according to the applicable law.

· Factual Evidence Requirement: Israeli courts treat foreign law similarly to how they treat other facts that need proof (such as the contents of a contract, or the occurrence of an event). The expert opinion serves as evidence of the foreign law requirements. It is usually provided in the form of a sworn affidavit by an expert. Judges prefer this as it comes from a credible source rather than the judge doing internet research or a lawyer’s unsworn statement. This adheres to Israeli evidence rules and gives the judge confidence in applying the foreign rules. Essentially, the opinion becomes part of the court record, and the judge’s decision will cite that opinion as the basis for understanding the foreign law.

· Statutory obligation and efficiency: The Law’s framework (and related regulations) make the foreign-law opinion a required element in these cases. Compliance is not optional – if an attempt is made to proceed with a probate application without an opinion, the Registrar will not issue an order and will refer the matter to a judge, who will then demand an expert opinion. Thus, including the opinion from the start avoids delays. This adds efficiency: once the opinion is provided, the probate process can move forward with clarity. The judge does not have a need to postpone proceedings to get information, as the key foreign-law information is already there on file. Moreover, a well-prepared opinion can anticipate and answer questions the judge or other parties may have about foreign law, reducing back-and-forth inquiries.

In summary, the foreign law opinion is necessary because it ensures the Israeli court validates the will (if there is one) accurately applies the correct inheritance law under that law and protects the heirs’ rights by making clear who should inherit what. It transforms Section 137 from a principle on paper into a practical reality in the probate application. Without such an opinion, the court is unable to fulfill its legal mandate to apply foreign law, and the probate cannot be completed.

When Is a Foreign Law Opinion Required?

A foreign law opinion is required whenever the deceased was domiciled outside Israel at the time of death and an Israeli probate or succession order for their estate is sought. Common scenarios include:

· Deceased lived abroad with assets in Israel: In the instance of a person permanently residing in another country (other than Israel) and left behind assets in Israel (such as real estate, bank accounts, etc.), the Israeli inheritance proceedings will require a foreign law opinion. This is the classic case that triggers Section 137. For example, an individual who resided and died in another country but owned an apartment or held bank accounts in Israel, this would fall into such a category.

· Will executed abroad by a non-resident: If the will was made in a foreign country (which is often the case if the person residing abroad) or if it was registered in Israel but the person’s actual residence was abroad, a foreign law opinion is required. What matters is the domicile at the time of death, not where the will was signed. So one may have a will drafted in Israel by an Israeli lawyer, but if the individual later became a resident of another country and died there, Israeli law will still consider that foreign law applies (as a result of the changed domicile) – and thus an expert opinion on that foreign law would be required.

· Intestate succession for a foreign resident: If the person died without a will and was residing abroad, the Israeli court requires to know who inherits under that foreign country’s law. Every country has its own “default” heirs (spouse, children, parents, etc. in varying orders), and the opinion must outline this. Without a will, the foreign law must be proven to the court through an expert opinion for the court to issue an accurate Succession Order naming the heirs.

In practice, any probate or inheritance application in Israel will prompt the question: was the deceased an Israeli resident or not? The application form itself inquires about the deceased’s place of residence. If the answer indicates a foreign domicile, the need for a foreign law opinion is flagged immediately. The Registrar of Inheritance Affairs will typically not grant the order directly; such cases are often transferred to the Family Court (which has jurisdiction to handle the application of foreign law) and an expert opinion will be required by the judge in order for the matter to progress further.

The requirement applies equally to probate orders (for wills) and inheritance orders (for intestacy) in these situations. It also applies regardless of the nationality of the deceased. If the person was an Israeli citizen, and had moved their residence abroad, Israeli law treats them as a foreign domiciliary for inheritance purposes. Conversely, if a person was a foreign citizen but had become an Israeli resident, then Israeli law would apply and no foreign opinion is needed. Residency (domicile) at the time of death is the determining factor, not citizenship.

To clarify a common point of confusion: this requirement is separate from having a foreign grant of probate. In the event an estate was already probated in the country of domicile, an Israeli probate order is still needed for Israeli assets, and the foreign law opinion must accompany the Israeli application. The foreign country’s probate documents (like a court order or will) by themselves are not adequate for Israeli authorities. The Israeli court will use the foreign law opinion to effectively mirror the foreign outcome when issuing its own order. However, one cannot skip the Israeli procedure – thus the foreign law opinion is required anew in Israel.

What is a Foreign Law Opinion and How Do You Get One?

A foreign-law legal opinion is a formal document, usually in the form of an affidavit, in which a qualified expert sets out the relevant foreign inheritance law and its application to the specific case. It must be prepared by a legal expert in the foreign law in question. Practically, this means a lawyer (or sometimes a law professor or jurist) who is knowledgeable in the inheritance law of the country where the deceased resided. Often, the expert will be a lawyer from that country. A further common approach is to use an Israeli attorney who is also licensed or experienced in that foreign jurisdiction.

The opinion will summarize the foreign law and apply it to the specific case. Specifically, it should cover:

· Which law applies: Confirmation that according to Israeli conflict rules (and any relevant foreign conflict rules), the law of the given foreign country is the applicable law (this is often brief, citing Section 137 and perhaps the foreign country’s own choice-of-law rule if needed).

· Validity of the will: If there is a will, a description of the foreign law’s requirements for a will to be valid and a statement that this will meets those requirements. For example, the expert may note that the will was signed by the testator and two witnesses, which satisfies the formal validity rules of that foreign law (perhaps even citing the section of the foreign statute). Essentially, it informs the Israeli court that the document is a duly executed and valid last will and testament under the relevant foreign law.

· Legal heirs and distribution: Whether or not there is a will, the opinion will explain who the heirs are under foreign law. In a testate case, it will state who the appointed heirs should be in terms of the will, or if any forced heirship rules apply. In an intestate case, it will list the order of heirs and their shares.

· Other relevant points: The expert may cover any special aspects, such as the concept of renvoi (if the foreign law defers some issues to the law of the asset’s location, for instance) or any procedural requirements (e.g., if the foreign law required that the will be probated locally first, although Israeli courts generally only require the law, not the foreign court process).

· Citations: A solid opinion will cite the applicable foreign law statutes (and occasionally case law) to support its conclusions. For instance, it might quote the relevant sections of the foreign Wills Act that describes valid execution. This gives the Israeli judge confidence that the opinion is rooted in actual law texts, not only the expert’s “say-so”.

· Language: The opinion will be submitted in Hebrew (or occasionally Arabic, if relevant). If the expert is a foreign lawyer who writes it in English or another language, it must be translated into Hebrew by a certified translator or notary. Often, dual-qualified Israeli attorneys will write it directly in Hebrew to streamline the process. The final product is usually an affidavit or letter on letterhead, signed by the expert, with jurat or notarization as needed.

The executor or heirs will typically engage an Israeli probate attorney, who will thereafter arrange for the foreign law opinion. If the Israeli attorney is competent in that foreign law, he/she may draft it in-house. Alternatively, it will be coordinated with a lawyer in the foreign country.

If the expert is abroad, the signature on the opinion might require an apostille or consular authentication to be accepted in Israel. This will enable the Israeli court to trust the document’s origin. If the expert is an Israeli lawyer, usually a simple affidavit before a notary is sufficient.

Quality matters… the opinion should be detailed and tailored to the specific case. A generic statement of foreign law is not enough; it must apply to the deceased’s specific will, assets, bequests, and family situation. A well-prepared opinion can make the difference between a smooth probate and a protracted one!

Common Misconceptions Clarified

Before concluding, I will address a few common misconceptions about the process, and refer to questions which have been posed to me:

· “We already have probate from abroad, so why do we need one in Israel.” –Any asset in Israel requires an Israeli probate or succession order to transfer ownership. The foreign probate documents will not be accepted by banks or the Land Registry on their own. Israeli Probate must be obtained. Think of the foreign probate as handling assets in that country, and the Israeli probate as handling assets in Israel. They are separate legal actions. The foreign law opinion serves to help the Israeli court align with the situation abroad, but Probate in Israeli is still required at the end of the day.

· “My mother’s will is in a foreign language, so it will not be valid in Israel.” – Incorrect. A will executed abroad can be valid in Israel if it was executed properly under the relevant foreign law. Section 140 of the Law explicitly states that a will is valid if it was valid according to the law of the country where it was executed or alternatively the testator’s domicile/nationality. The language does not invalidate it – it is required to be translated into Hebrew for the proceedings. The foreign law opinion will confirm its validity under the foreign law, and the Israeli court will honor it. There is no requirement to re-draft the will in Hebrew or under Israeli law. (In some instances, a person may choose to make a separate Israeli will for convenience, however that is a planning choice, not a legal necessity for recognition.)

· “If the deceased was an Israeli citizen, Israeli law should apply, right?” – Not necessarily. Israeli law looks at the person’s domicile (residence) at the time of death, not citizenship, to decide what inheritance laws apply. If an Israeli citizen had permanently moved abroad and was domiciled outside Israel at the time of death, Section 137 dictates that the foreign law applies. Conversely, if a foreign citizen was living in Israel, Israeli law would apply. It is a factual test of the individual’s “center of life”. Citizenship can influence other matters, but for inheritance law in Israel, it is the residence that counts. This surprises some, but it is the established rule.

· “Any lawyer can write a note to the court about the foreign law.” – Incorrect, it requires a qualified expert’s formal opinion. An informal letter or a statement by a non-expert will not be accepted. The court requires a document that it can treat as expert testimony. Usually, this is drafted by a lawyer licensed in the foreign country (often with an affidavit stating their expertise) or an Israeli lawyer with proven knowledge or qualified in that country. The opinion should be thorough and cover all relevant aspects of the Laws of Inheritance – a one-paragraph note will not suffice if the estate has any complexity. It is worth investing in a proper opinion from the outset.

· “Obtaining the opinion will delay things unnecessarily.” – It does add some steps, but it is manageable. A typical timeframe might be a few months. Many foreign estates are wound up in well under a year. The key is providing a complete application. It is true that without the opinion, an application can be delayed; but with all requirements met, the process is reasonably efficient. Israeli probate registrars and courts handle many such cases every year, and are therefore familiar with the requirement.

By understanding these points, executors and heirs can approach the process with the correct expectations to avoid pitfalls.

Conclusion

The requirement of a foreign law legal opinion in Israeli probate is a product of Israel’s conflict-of-law rules: the idea that an estate should be distributed according to the law of the deceased’s domicile at the time of death. Section 137 of the Law enshrines this, and the foreign-law opinion is the practical mechanism to implement it in Israeli proceedings. Far from being a mere bureaucratic hoop, it plays a vital role in ensuring that cross-border inheritances are handled correctly and justly.

In an age where many people have global ties, these situations are increasingly common. Israel’s legal system is equipped to handle them, as long as the required evidence (such as foreign law opinion) is presented. By meeting the requirement of a foreign law opinion, you are basically speaking the language of the court – telling the judge, “Here is the law we need to apply.” With that in hand, the judge can issue a decision that honors both Israeli procedural law and the foreign substantive law. The result is that the deceased’s wishes (or the heirs’ legal rights) are carried out correctly, and the heirs can receive their inheritances in Israel with full legal backing.

For professionals and families dealing with such estates, the main takeaways are:

· Prepare early – secure the foreign law opinion and properly legalized documents as soon as possible.

· Use qualified experts to produce a thorough, case-specific opinion.

· Do not attempt to bypass the requirement – Israeli probate for foreign residents simply requires this step, and fulfilling it will ultimately ensure the deceased’s wishes (or heirs’ rights) are properly honored in Israel.

* Legal disclaimer (as of December 2025):

This document is provided exclusively for general informational purposes and does not constitute legal advice, guidance, or opinion—formal or informal. It should not be relied upon as a substitute for obtaining advice from a qualified legal professional. No attorney-client relationship is created by accessing, reviewing, or using this material.

This document is limited to the applicable laws of the State of Israel and does not address or apply to any other jurisdiction. Laws and regulations are subject to change; therefore, interpretations or applications of the content herein may not reflect current legal standards or your specific circumstances.

This document may not be relied upon as formal legal advice in any litigation or legal proceedings in Israel or elsewhere, nor may it be used or referenced in any manner in such proceedings. The author assumes no direct, indirect, or consequential liability for any litigation or legal proceedings resulting from improper or unauthorized use of this document.

For advice tailored to your specific situation, including compliance with applicable laws and regulations, consult a licensed attorney with expertise in the relevant jurisdiction. Reliance on this document without such consultation is strongly discouraged.