A French Succession Mandate and an Israeli Estate Administrator: Who Can Do What?

When an estate straddles France and Israel, two administrations can run side by side: a mandataire successoral appointed by a French judge, and an estate administrator (מנהל עיזבון) appointed in Israel. Heirs often discover too late that the first has no grip on the Jerusalem apartment, and that the second knows nothing of the Paris securities account. Understanding where each one stops saves months.

I. Why two administrations rather than one

The Israeli Succession Law (חוק הירושה, תשכ”ה-1965) opens Israeli jurisdiction very widely. Under section 136, an Israeli court has jurisdiction over the estate of any person whose domicile at the date of death was in Israel or who left assets in Israel. An apartment, a bank account or shares in a company are therefore enough to open an Israeli door, even where the deceased lived abroad throughout their life.

Domicile (מושב) is defined as the place where the person’s centre of life is located (section 135). Section 137 submits the estate to the law of the deceased’s domicile at the time of death, subject to sections 138 to 140, and section 143 allows an Israeli court to set aside foreign law that conflicts with Israeli public policy. In short: a foreign law may well determine who the heirs are, but the title that allows anyone to act on an asset located in Israel is obtained before an Israeli authority.

II. In France: three ways of entrusting the administration

The French Civil Code devotes a whole chapter to the administration of an estate by a mandatary (articles 812 to 814-1), built around three regimes:

• The posthumous mandate (article 812), arranged during the deceased’s lifetime: valid only where justified by a “serious and legitimate interest”, specifically reasoned, given and accepted in authentic form before the death, for no more than two years — five where an heir is unfit or elderly, or where business assets must be managed (article 812-1-1).
• The contractual mandate (article 813): the heirs, by common agreement, entrust the administration to one of them or to a third party.
• The court-appointed estate administrator (article 813-1): the judge may appoint any qualified person to administer the estate provisionally because of the inertia, failure or fault of one or more heirs, their disagreement, a conflict of interest between them, or the complexity of the estate.

The latter represents all the heirs in civil matters and in court (article 813-5), reports every year and at the end of the mission (article 813-8), and both the duration and the remuneration are fixed by the judgment (article 813-9).

III. In Israel: the מנהל עיזבון appointed by the Registrar or the court

An Israeli estate is opened before the Registrar of Inheritance Affairs (רשם לענייני ירושה), the Rasham, who declares the heirs’ rights by an inheritance order (צו ירושה) or a probate order (צו קיום צוואה) — section 66. The file moves to the Family Court in the cases listed in section 67A, first among them an objection to the application.

Appointment of the estate administrator (מנהל עיזבון) follows the same logic: the court may appoint one at the request of any interested party (section 78(a)); where all the parties concerned agree, the application is filed with the Rasham, who may make the appointment, including on a temporary basis (section 78(b)). Before any appointment, the court may take measures to preserve the estate (section 77).

The mission is set out in section 82: to gather in the assets of the estate, administer it, settle its debts and distribute the balance among the heirs in accordance with the inheritance order or the probated will. The administrator files an inventory (פרטת העיזבון) no later than sixty days after appointment (section 84) and may not carry out the acts listed in section 97 without the prior approval of the court.

IV. France / Israel: what the comparison changes in practice

• Who runs the procedure. In France the notaire is at the centre of the settlement — to the point that article 812 bars them from acting as posthumous mandatary. Israel has no equivalent: it is the lawyer who conducts the procedure before the Rasham or the court. The Israeli notary is a specially authorised lawyer whose role covers powers of attorney, certifications and translations.
• An administration title does not cross the border. Regulation (EU) No 650/2012 gives jurisdiction to the courts of the Member State of the deceased’s last habitual residence (article 4) and submits the estate as a whole to the law of that residence (article 21), which governs in particular “the powers of the heirs, the executors of the wills and other administrators of the estate” (article 23). But the Regulation binds Member States only, and the European Certificate of Succession is issued “for use in another Member State” (article 62): it therefore does not produce in Israel the effects it produces within the Union.
• Control over serious acts. On the French side, it is the judge who extends the mandatary’s powers case by case (articles 813-4 and 814). On the Israeli side, the statute itself lists the acts requiring prior authorisation (section 97).
• Tax. Israel levies no inheritance tax. A later resale of the inherited property, however, raises the question of capital gains tax on real estate (מס שבח, Mas Shevach), which should be examined before any sale.

V. Making the two procedures work together

• Identify Israeli-situs assets early — they are what triggers Israeli jurisdiction (section 136) — and open the Israeli procedure without waiting for the foreign settlement to close.
• Check that the powers are compatible: under French law, the court-appointed estate administrator may act only so far as compatible with the powers of the posthumous mandatary or of the executor (article 813-2).
• Prepare for acting at a distance: a notarised power of attorney, an apostille and a certified translation are the practical precondition for every step taken in Israel from abroad.
• Anticipate authorisations and keep consistent accounts on both sides: an annual report in France (article 813-8), an inventory and prior court approvals in Israel (sections 84 and 97).

Conclusion – Why work with a lawyer experienced in estate administration?

The risk here is not theoretical, it is practical. A French mandatary holding a perfectly valid judgment will be turned away at the Israeli counter; an Israeli administrator appointed without coordination will take decisions that the French settlement then has to undo. Fitting the two procedures together is something you prepare: it means reading both systems at once.

This is precisely why the Law Firm ABITBOL & ASSOCIATES, drawing on its experience in estate administration and in French-Israeli private international law, assists its clients at every stage of the coordination between an estate settled in France and the administration of assets located in Israel. Our lawyers make sure that your interests are protected and that every step is taken in complete safety.