Obtaining an inheritance order or a probate order in Israel is not always enough for the assets to be collected, the debts paid and the estate actually distributed. As soon as an estate includes real property, a business, debts, minor heirs or heirs scattered between Israel and abroad, the appointment of an estate administrator – Menahel Izavon (מנהל עיזבון) often becomes the only practical way forward. Here is what the role involves, how the appointment is obtained, and how it differs from the succession mechanisms foreign heirs are used to.
I. What is a Menahel Izavon (מנהל עיזבון)?
The Menahel Izavon (מנהל עיזבון) is the person entrusted, under the supervision of the authority that appointed him, with gathering the deceased’s assets, administering them, settling the estate’s debts and then distributing the balance among the heirs. He acts on behalf of the estate itself, not on behalf of any individual heir — which is precisely what allows him to unlock situations where co-ownership has come to a standstill.
The Israeli Succession Law – Hok HaYerusha (חוק הירושה, 1965) provides for two distinct roles:
- a temporary administrator (זמני), appointed even before the inheritance or probate order is issued, where urgent action is needed to protect the assets;
- a permanent administrator (קבוע), appointed once the order has been granted, to carry the estate through to distribution.
II. Who appoints the administrator, and on what conditions
Two authorities may make the appointment:
- the Registrar of Inheritance Affairs – Rasham LeInyanei Yerusha (רשם לענייני ירושה), where the application is agreed by all parties and no objection has been filed;
- the Family Court – Beit HaMishpat LeInyanei Mishpaha (בית המשפט לענייני משפחה), as soon as there is a dispute or an objection, or where a minor or protected heir triggers the involvement of the Administrator General (האפוטרופוס הכללי). The file is then transferred to the court.
A key point, frequently misunderstood: the appointment is not automatic. Even where every heir asks for it, and even where the testator provided for it in the will, the authority will verify that there is a genuine, concrete need for administration. A straightforward estate, with no debts and no dispute, will generally not warrant one. The application must therefore be supported by a properly reasoned petition and affidavit explaining why the heirs cannot manage the estate themselves.
III. Broad powers, but tightly supervised
The administrator is not a free agent. The Succession Law and its regulations subject him to continuous supervision:
- the inventory – Pirtat HaIzavon (פרטת העיזבון): a detailed statement of assets and liabilities must be filed within a short deadline from the appointment;
- accounts – Din VeHeshbon (דין וחשבון): the administrator must keep accounts and report periodically, at least once a year;
- security – Eruva (ערובה) may be required to guarantee proper performance of the role;
- prior authorisation from the appointing authority is mandatory for the most significant transactions: selling or mortgaging an apartment, transferring a business unit, granting a lease. A sale completed without that authorisation is exposed to challenge;
- an administrator who breaches his duties, or who is in a conflict of interest, may be removed and held personally liable.
His fee is not a matter of private agreement: it is fixed by the appointing authority, within the limits set by the regulations, taking into account the value of the estate, the nature of the assets and the work actually performed.
IV. Israel and civil-law jurisdictions: two different logics
Foreign heirs often reason by analogy with the law of their own country. That is a frequent source of error, because the systems do not overlap.
- The estate does not turn on the same professional. In France and in most civil-law countries, the notary handles the estate, issues the deed of notoriety and the property attestation, and files the tax return. Israel has no equivalent: the estate is opened before the Rasham or the Family Court, and it is the attorney who conducts the procedure. The Israeli notary — an attorney holding a special licence — deals with powers of attorney, certifications and certified translations, but does not settle estates.
- A foreign succession mandate is not a Menahel Izavon. French law, for example, provides for a posthumous mandate, a contractual mandate between heirs, and a court-appointed succession agent (article 813-1 of the Civil Code) in cases of inaction, default, conflict of interest or complexity. These remain exceptional; in Israel, appointing an administrator is a far more routine management tool.
- A foreign mandate has no direct effect in Israel — and vice versa. EU Regulation No 650/2012 on international successions, and the European Certificate of Succession it creates, apply only between Member States: Israel is not a party. A foreign decision or deed will therefore need to be translated, apostilled and, depending on the case, recognised before it can affect an Israeli asset. Conversely, an Israeli order does not remove the need for a notarial settlement abroad in respect of a foreign asset.
- Two estates, two tax systems. Israel levies no inheritance tax, but a later resale of the inherited property raises questions of Mas Shevah (מס שבח), the land appreciation tax. Foreign jurisdictions may nonetheless tax the transmission under their own territoriality rules, based on the residence of the deceased and of the heirs. A decision taken in one country without weighing its effect in the other can prove expensive.
V. When an appointment is genuinely needed
- The heirs live abroad while the property — or the frozen bank account — is in Israel.
- The estate carries debts, an outstanding mortgage or receivables to be collected.
- One of the heirs is a minor, under protection, untraceable or simply refuses to cooperate.
- Real property must be sold, let or secured quickly while co-ownership is deadlocked.
- The estate includes a company, a business or assets spread across several countries.
Conclusion – Why work with a lawyer on estate administration?
Serving as estate administrator carries real exposure: inventory deadlines, periodic accounts, prior authorisation before every significant transaction, and personal liability in the event of default. In a cross-border context it also requires two legal systems that do not automatically recognise one another to be made to work together. Bringing together, under one roof, attorneys admitted to the Israel Bar and to the Paris Bar, alongside an Israeli notary, makes it possible to run both tracks at once — the procedure before the Rasham or the Family Court in Israel, and the notarial settlement abroad — without one jeopardising the other.
With this in mind, ABITBOL & ASSOCIES, drawing on its expertise in Israeli and cross-border succession law, assists its clients at every stage of the administration and settlement of an estate. Our lawyers make sure your interests are protected and that every step is taken safely.
13 Av Hubert Germain – Paris 16ᵉ
Tel: + 33 (0)1 78 90 03 73
Fax: + 33 (0)1 77 74 63 99
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Tel: + 972 (0)2 595 63 45
Fax: + 972 (0)2 591 63 26
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