Part II
In the first part of the article I discussed the legal basis underlying the unique proceeding of probate orders for foreign deceased persons in Israel. In this second part I’ll focus on the technical, practical aspects of such differences.
The fact that a deceased is a foreign deceased means that certain documents will have to be provided from the relevant jurisdiction, including, first and foremost, the death certificate, in its original and bearing an Apostille (a very confusing bureaucratic proceeding, puzzling to most people, including professionals). An Apostille is essentially a confirmation from one country (or state) to another that a document issued thereby is authentic and valid under its domestic law. Apostilles are issued by the secretary of state of that relevant state which had issued the certificate in the first place. For the convenience of The Jewish Link readers, here are the links to the New Jersey, New York and Connecticut respective services:
New Jersey: https://www.njportal.com/dor/apostille
New York: https://dos.ny.gov/apostille-or-certificate-authentication;
Connecticut: https://portal.ct.gov/sots/legislative-services/authentication-of-documents-and-the-apostille
Another material difference occurs because U.S. wills most likely will have no identification of the parties. In an Israeli document, the “participants” (the testator, legatees, trustee—if any—and any other “participant”) will be identified by their ID number, so identification is clear. A typical U.S. will states the names without any identification. That causes material problems de facto when the will provisions have to be actually executed (e.g., title registration of the inherited assets). For such purposes, we shall usually need an “Identification Affidavit.”
More often the movant wishes—or has—to keep the original will in the U.S., and refrain from filing it with the Israeli Registrar, as required. In such cases a true copy will have to be produced along with a motion and supporting affidavit to file a copy of the will, rather than the original document.
Depending on the specific case, some additional documents will be required, including affidavits to state certain relevant facts.
Almost all such documents require their authentication before a notary public and then an Apostille. It is advisable to use a notary public who can also provide the Apostille service.
In summary, filing for a probate order in Israel when the deceased is a U.S. resident is a burdensome task, layered with considerable extra work compared to a situation in which the deceased is local Israeli, and consumes quite a bit of effort and time.
It is highly recommended to use the services of an attorney who is well acquainted with the procedure and its unique “foreign” aspects. I’ve heard horror stories from clients who had wasted considerable amounts of time and money, going back and forth gathering the wrong documents (handling them in a wrong manner), all because their (former) legal counsel did not know the proper procedures.
I hope you’ve benefited from this article, and I’ll be happy to be at your service for legal matters in Israel. For any questions and comments, you are welcome to address me at 212-461-1088 or by email at [email protected] or [email protected].
