Torah law assigns inheritance automatically at the moment of death to default heirs (“Torah heirs”), such as biological sons. Civil wills direct how assets are distributed after one’s death and may create halachic problems since the estate is technically already owned under Torah law by the default Torah heirs. Jewish communities have long used halachic mechanisms that allow assets to be distributed to spouses, daughters, adopted or stepchildren, other relatives, and charities (“non-Torah heirs”). Modern poskim support this practice, enabling full halachic compliance while using civil legal tools to secure one’s intended distribution. This approach preserves family harmony, supports charitable giving, and fulfills the testator’s wishes.

Jewish law allows lifetime gifts of any size, but this rarely solves inheritance concerns. Gifts can only include assets currently owned, and most people need to retain control of their resources. Since no one knows their lifespan or future estate value, lifetime gifting is usually impractical.

Relying on a civil will without a halachic mechanism may create major halachic problems. A civil will creates posthumous transfers, but under halacha the estate has already shifted to Torah heirs at death. Beneficiaries risk violating laws of theft and improper inheritance, especially if the Torah heirs have not waived their rights. A halachic solution avoids these issues simply and reliably.

The recommended method is to draft a civil will and then sign a halachic shtar, commonly called a shtar zachar shalem. Historically, this mechanism was used to enable inheritance to be distributed beyond the default Torah heirs, often allowing for equal distribution among children. Today, it enables the estate to be distributed to non-Torah heirs exactly as outlined in the civil will, whether equally or in other proportions. The shtar can be signed anytime while the testator is competent and remains valid even if the civil will is later updated.

The shtar creates a large, secured chov (debt) owed by the testator to one or more non-Torah heirs, due “one moment before death.” The amount is intentionally far greater than the expected value of the estate—typically double or triple the projected estate. Example: For an expected $2 million estate, create a $4 million chov.

If Torah heirs accept the civil will’s distribution, the chov is automatically canceled and the will proceeds normally. If the Torah heirs challenge the will in beis din, they must first satisfy the enormous obligation, effectively eliminating any incentive to assert Torah-inheritance rights. Thus, Torah heirs will choose to honor the civil will.

Many rabbinic authorities recommend that a small sum (e.g., $1,000) still be divided under classic Torah rules; in practice this is usually waived by the Torah heirs.

Typically, the named beneficiaries should be the non-Torah heirs named in the civil will. These are most often a spouse, daughters, or other relatives who are the primary benefactors of the civil will. Technically speaking, any person could be named, as long as it preserves the incentive for Torah heirs to follow the civil will, but standard practice is to name the intended beneficiaries directly.

Most couples will write a will that leaves all assets to their spouse, and then names further beneficiaries once both spouses have passed away. If someone has that preference in their civil will, then the spouse should be named in the shtar as the primary holder of the chov, while naming other non-Torah heirs as successor holders. As such, even if a spouse later predeceases the signer, the shtar does not need to be rewritten.
If the signer is currently not married, or has not named their living spouse as the primary beneficiary in their civil will, then they should complete the version of the form that does not name their spouse as the primary holder.

• Before signing, the testator symbolically lifts a pen (“kinyan sudar”) to formalize the obligation.
• The document is signed and then handed to a beneficiary or to someone else who acts on their behalf (e.g., a rabbi or attorney).
• The shtar does not require witnesses and does not need to be signed before a beis din.

The shtar should be kept with the named beneficiary and/or one’s rabbi for safekeeping.
The shtar is only for use in a beis din and only needs to be produced if the civil will is challenged in a beis din.

No, since this is a document for religious purposes alone, but you may of course choose to consult with legal advisors to confirm the shtar has no civil or tax implications. It is intended solely for halachic purposes and is not designed to be enforceable in civil court. It is only meant for use in beis din if the civil will is contested in that forum. This is not legal advice from Ematai.

Yes! The will should generally be followed even if no halachic shtar is found for the following reasons:

1. A shtar may have existed and been lost.
2. There is a mitzvah to honor the deceased’s wishes. When the deceased is a parent, doing so can also fulfill kibbud av va-em
3. Rabbi Moshe Feinstein (Igrot Moshe CM 1:104) provides a further basis to honor a civil will. He argues that since the testator knowingly relied on the fact that local authorities would implement the civil will, an additional lifetime kinyan may be unnecessary. The civil will beneficiaries may therefore be halachically entitled to what they receive. Rabbi Feinstein suggests this explains the common practice of some American Jews not drafting separate documents. Although most later authorities reject relying on this approach (lechatchilah), it can still function as a plausible post-facto claim for the testator’s actions, and may be raised in bet din by heirs who wish to rely on it (under a principle known as “kim li“).