The death of a person immediately raises the question of how their property is to be distributed. Israeli law provides two main paths for dividing an estate: inheritance by will and inheritance by law. While a will reflects the deceased’s explicit wishes, intestate succession is the mechanism the legislature established for cases where no will was left. In this article we detail the “order of heirs” and explain how division is carried out in practice in 2026.
Track One: Inheritance by Will
This is the legally simplest scenario (provided the will is valid). We distribute the estate exactly according to the instructions the deceased wrote before death. A will overrides the default rules of law and allows the testator to leave assets to people who are not family members, or to favour one heir over another.
Track Two: Intestate Succession — When There Is No Will
When a person dies without leaving a will, the Inheritance Law sets out a fixed “roadmap” for distribution. We follow the system of “parentelas” — distribution to the nearest relatives by degree of kinship.
1. The Basic Division: Spouse and Children
This is the most common scenario. In this case the estate is divided as follows:
- Spouse: receives one half (50%) of all property, plus the couple’s car and movable personal belongings (furniture and household effects).
- Children: share equally in the remaining half of the estate.
- Additional rights for the widow/widower: beyond the general share, a widow may also be entitled to her ketubbah payment and even maintenance from the estate in cases of proven financial need.
2. Inheritance by Common-Law Partners
Israeli law grants equal rights to common-law partners, provided two conditions are met:
- Neither partner was married to another person at the time of death.
- The surviving partner proves they maintained a joint household and family life. We assist common-law partners in establishing the evidence required to secure their share of the estate.
3. Division with No Children
If the deceased left a spouse but no children:
- Spouse vs. deceased’s parents: the division is equal (50% to each side).
- Spouse vs. deceased’s siblings (or grandparents): the spouse receives two-thirds (2/3) of the estate, and the remainder is divided among the siblings.
Frequently Asked Questions — Estate Division
Does a grandchild inherit if the deceased’s child predeceased them?
Yes. The law operates on the principle of “representation”: if one of the deceased’s children predeceased the deceased, that child’s own children (the deceased’s grandchildren) step into their shoes. They inherit exactly the share that would have gone to their parent, and divide it among themselves equally.
Can intestate distribution be challenged?
The statutory distribution is a legislated default. It can be challenged only in two main circumstances: if a later will is discovered (which takes precedence over the law), or if there is an error in the identity of the heirs (for example, the discovery of an additional descendant of the deceased not included in the original application). We represent heirs in clarifying their rights and filing objections to erroneous inheritance orders.
What is the difference between the estate and the couple’s jointly owned property?
This is a critical point. Jointly owned property belongs to both spouses by virtue of their shared life (typically 50% each). The estate — the property to be divided among the heirs — includes only the deceased’s share of the jointly owned property (half the apartment, for example), plus any assets that were solely in the deceased’s name. We ensure that property separation is carried out lawfully before estate distribution begins, in order to protect the surviving spouse.
Why Choose the Estates Department of Vaknin Yariv Law Office?
Understanding the order of heirs is only the first step. The real complexity begins when you seek to realise those rights at banks, the Land Registry, and against opposing parties. Adv. Yariv Vaknin leads the legal strategy for managing and distributing complex estates in Israel and abroad, bringing years of experience in conducting proceedings for a fair and precise division of family assets.
Please note: The content on this website is provided for informational purposes only and constitutes general information. It does not constitute legal advice and is not a substitute for binding legal counsel.
Need to realise an inheritance or clarify the order of heirs? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure every heir receives what they are entitled to under the law.
