Points to Consider in Inheritance Law
Overview of the Inheritance Sharing Process
Inheritance law determines how assets will be distributed after a person's passing. Mistakes made during this process result in serious consequences. Therefore, inheritance proceedings must be managed carefully. Additionally, heirs must follow the process consciously.
Why is the Certificate of Inheritance Necessary?
To begin inheritance proceedings, a certificate of inheritance (veraset ilamı) is obtained first. This document shows the heirs and their share ratios. For this reason, heirs cannot perform transactions without this document.
You can obtain the certificate of inheritance from the following places:
- Notary Public
- Civil Court of Peace
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Time Limit for Disclaiming the Inheritance
In some cases, an inheritance includes debts. In this situation, heirs exercise their right to disclaim. However, one must not miss the deadline, as the law limits this period to 3 months.
The heir starts the process from the moment they learn of the death. Otherwise, they are considered to have accepted the inheritance.
Reserved Portion Rights
The law provides special protection for certain heirs. These individuals are called forced heirs.
Those in this group include:
- Children
- Surviving spouse
- Mother and father
Therefore, a testator cannot leave all their assets to a single person.
Sale of Real Estate
Inherited real estate belongs to all heirs collectively. Therefore, a single person cannot sell it. First, all heirs must reach an agreement. Alternatively, a court order must be obtained.
Consequently, a joint decision is important in sales transactions.
Checking for a Will
The testator may have prepared a will. However, heirs must verify the validity of this document, because if formal requirements are not met, the will becomes invalid.
Valid types:
- Notarized will
- Holographic (handwritten) will
- Oral will (exceptional)
Why is the Agreement Process Important?
If heirs reach an agreement, the process accelerates. Furthermore, the litigation process does not drag on and costs are reduced. Therefore, parties proceed by drafting a partition agreement.
Lawsuit for Partition of Inheritance
If the parties cannot reach an agreement, they file a lawsuit. In this case, the court either decides on a sale or performs a distribution. This process is known in practice as "izale-i şuyu" (termination of joint ownership).
Inheritance Debts
An inheritance does not only contain assets. It also covers debts. For this reason, heirs must evaluate both assets and debts together.
Statute of Limitations
Some rights are subject to time limits. For example, a reduction lawsuit (tenkis davası):
- 1 year (from the date of discovery)
- Maximum 10 years
These periods prevent the loss of rights.
Bank and Title Deed Transactions
There are different assets included in an inheritance:
- Real estate
- Bank accounts
- Vehicles
- Company shares
Therefore, transactions must be handled carefully.
Conclusion
Inheritance law is a field that must be managed carefully. Thus, heirs should conduct the process consciously. Additionally, they should seek expert support when necessary. This reduces the risk of loss of rights.
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