Inheritance7 min read7/30/2026

Inheritance Without a Will in Israel: Who Will Get the Apartment and Where the Dispute Begins

If a person dies without a will, the apartment does not automatically pass to the spouse, the firstborn son, or the person who lived in it. The heirs and their shares are determined under the Inheritance Law, 5725–1965, but before distribution, it is necessary to determine what portion of the property was actually owned by the deceased.

Numbers and facts

•1965 — the Inheritance Law was enacted
•Since 1998 — the Registrar has handled most applications
•Up to 6 months — temporary administration of the estate
•Living together for at least 6 months — one of the conditions for protected tenancy
•7 children appeared in the described dispute over rights in the house

Who Falls Within the Circle of Heirs

Under the law, the deceased’s spouse is entitled to inherit, including a common-law partner under certain conditions, as are children and other relatives according to the prescribed order of priority. A common-law partner will be required to prove a shared life and that neither partner was married to another person at the time of death. If one of the children died before the decedent, that child’s descendants may take their place—that is, the deceased’s grandchildren. When there are a spouse and children, they inherit together, and the precise shares are determined in the inheritance order according to the family composition.

Why the Order Does Not Yet Grant a Specific Apartment

An inheritance order identifies the heirs and each heir’s share in the entire estate, but it does not determine who will receive a specific apartment. Nor does it automatically determine the components of the deceased’s property; that issue may be examined separately. Therefore, the first matters examined are which property rights belonged to the decedent personally, whether the spouse claims independent rights, and whether there are debts. Under Section 1 of the Inheritance Law, an heir’s rights arise on the date of death, but their practical implementation requires an appropriate order.

How the Proceedings Begin and How Long the Wait Lasts

The Ministry of Justice’s official guide recommends applying for an inheritance order shortly after the death. A spouse, children, or parents may submit an online application through the Inheritance Registrar’s system and pay a reduced fee. The Family Court is also authorized to issue the order, and a religious court may hear the matter if all the heirs consent to its jurisdiction. If the apartment is vacant, requires repairs, or there is a risk of losing assets, the Registrar or the court may appoint a temporary estate administrator for up to six months.

Why the Dispute Does Not End When the Order Is Issued

Common sources of dispute include the status of a common-law partner, the existence of children from previous relationships, grandchildren’s rights, debts, and the question of what portion of the apartment forms part of the estate in the first place. A separate dispute arises when a relative claims to have invested money in the property and therefore has an independent ownership right. In a case described in the research, a house was divided equally by will among seven children, but one brother sought recognition as the owner of the entire house, or at least half of it, because of investments he had made. The court held that failure to object to the order does not preclude a separate dispute over the components of the estate and property rights—and therefore, even an inheritance that has been formally settled may remain the subject of litigation for a long time.

How the Heirs Can Reach an Agreement About the Apartment

The heirs may sign an estate distribution agreement; for example, one heir may receive the entire apartment, while another receives money or another asset from the estate. Such an agreement takes effect upon signature and does not require court approval, although the parties may request formal approval. The Inheritance Registrar does not have authority to approve the agreement, and its terms therefore may not replace the shares stated in the application for the order. It is important to use the estate’s own assets to balance the allocations, because using external funds or rights may create a separate transaction and tax consequences.

FAQ

Does the spouse receive the entire apartment if there is no will?

Not necessarily. When there are children, the spouse and descendants are together within the circle of heirs, and the order determines their shares in the entire estate rather than immediately transferring the apartment to one person. In addition, it is first necessary to determine what portion of the property was owned by the deceased.

Can a common-law partner inherit an apartment?

Yes, a common-law partner may be recognized as an heir if the prescribed conditions are met. The partner will have to prove a shared life and that neither partner was married to another person at the time of death; a dispute over these facts may be referred to the Family Court.

Is there a deadline for applying for an inheritance order?

The official guide presented does not specify a uniform filing deadline, but the Ministry of Justice recommends applying shortly after the death. Delay makes it more difficult to obtain banking and property information, because many entities provide it only upon presentation of an order.

Can the apartment be registered in the name of one child when there are several heirs?

Yes, if the heirs sign an estate distribution agreement. One heir may receive the entire property, while the others receive other assets from the estate; however, the use of external funds requires a separate examination of the possible tax consequences.

Are insurance and retirement savings included in the estate?

As a general rule, payments under insurance contracts, pension funds, and savings funds are not part of the estate. The identity of the beneficiaries and the method of payment must be checked separately with the relevant fund or insurance company.

What to do next

It is recommended first to check whether there is a will, collect information about the family composition, the deceased’s rights in the apartment, and debts, and then apply for an inheritance order. Before selling or redistributing the property, it is important to distinguish between estate assets, the spouse’s personal rights, and payments transferred to beneficiaries outside the estate. If there is a dispute, it is advisable to document the disputed positions before signing agreements and registration documents.