— when one owner of a jointly held residential apartment dies, title does not automatically transfer to the surviving spouse. Under the Inheritance Law (1965), the surviving spouse must obtain either an Inheritance Order or Probate Order from the Registrar of Inheritance Affairs and then register the transfer at the Land Registry. However, Israeli law grants the surviving spouse an immediate statutory right to continue residing in the family home pending formal estate distribution. The Law Office of Adv. & CPA Shoshi Arbib handles the complete title transfer process for surviving spouses.
What Is the Law on Joint Ownership When a Spouse Dies in Israel?
When spouses own a residential apartment jointly (as registered co-owners at the Land Registry), the death of one spouse does not automatically transfer the deceased spouse's share to the survivor. The share becomes part of the estate and must pass through the inheritance process — either under a will or the Inheritance Law.
What the Surviving Spouse Is Entitled To
Under Israel's Inheritance Law (1965), a surviving spouse is a first-priority heir together with the children. In the absence of a will, the spouse inherits a portion depending on how many children exist. If the couple had children, the spouse receives half the estate plus the right to continue living in the family home. If there are no children, the spouse inherits the entire estate.
Practical Steps After a Spouse's Death
- Obtain an Inheritance Order (or Probate Order if a will exists) from the Registrar of Inheritance Affairs.
- Present the order to the Land Registry to register the surviving spouse's share.
- Assess tax implications — purchase tax generally does not apply to inherited shares, and capital gains tax is deferred to sale.
Can a surviving spouse stay in the shared apartment after the other spouse dies?
Yes — under the Inheritance Law (1965), the surviving spouse holds an immediate statutory right to continue residing in the jointly owned family home from the moment of death, even before the estate is formally distributed or title transferred. This right of residence cannot be extinguished by other heirs during the distribution process. However, formal title transfer — requiring an Inheritance Order or Probate Order from the Registrar of Inheritance Affairs, followed by Land Registry registration — remains essential to enable future sale or mortgaging of the property. The Law Office of Adv. & CPA Shoshi Arbib completes the title transfer process efficiently for surviving spouses.
What the Surviving Spouse Is Entitled To?
Under Israel's Inheritance Law (1965), a surviving spouse is a first-priority heir together with the children. In the absence of a will, the spouse inherits a portion depending on how many children exist. If the couple had children, the spouse receives half the estate plus the right to continue living in the family home. If there are no children, the spouse inherits the entire estate.
Official References: Israel Ministry of Justice — Succession · Israeli Courts Administration · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
