What is a Certificate of Inheritance?
A certificate of inheritance, also known as a certificate of succession, is an important document that shows the shares of the inheritance left by the decedent to the heirs.
Upon the death of the decedent, the entire inheritance is opened. During the period between the death and the stage of partition of the estate, heirs possess all assets collectively and may use these assets in their capacity as heirs. Heirs have the right to use the movable and immovable properties of the decedent. A certificate of inheritance must be obtained for the transfer of the decedent's immovable properties to the heirs in the land registry or for their sale to third parties after death. By obtaining a certificate of inheritance, the heirs of the decedent and their respective inheritance shares are determined. It is also necessary to obtain a certificate of inheritance for the liquidation and distribution of the decedent's bank accounts. The primary purpose of the certificate of inheritance is to prove to third parties who the heirs of the decedent are. The decedent may have designated an appointed heir via a will or an inheritance agreement before death. In such cases, obtaining a certificate of inheritance remains highly significant, as appointed heirs also prove their rights over the inheritance through this certificate. According to the authority granted by the Turkish Civil Code, a certificate of inheritance can be requested by both legal and appointed heirs. However, in order to identify the heirs due to the decedent’s debts and ensure that such debts can be collected through enforcement proceedings, it is accepted in established Court of Cassation precedents that creditors also have the right to obtain a certificate of inheritance.
Upon the death of the decedent, it is sufficient for one of the heirs to apply for a certificate of inheritance. Each heir is not required to apply individually to request the issuance of the certificate. The certificate obtained covers all heirs and can be used by all of them.
The certificate of inheritance is requested through a lawsuit titled "Request for Certificate of Inheritance" at the Civil Court of Peace in the place where the decedent last resided. However, with recent changes, certificates of inheritance can also be obtained by applying to a Notary Public. There are certain conditions for the heirs of the decedent to be able to request a certificate of inheritance through a notary. Specifically, the heir requesting the certificate must be a legal heir. Furthermore, neither the decedent nor any of the heirs may be a foreign national, an adopted person, or have a status of disappearance (in absentia), and the dates of death must not be on the same day. The decedent must not have made a will or an inheritance agreement to designate an appointed heir before death. Additionally, if the decedent passed away before November 23, 1990, and the spouse is still alive, it is necessary to apply to the Civil Court of Peace to obtain the certificate. If all these conditions are met, the heirs may request the certificate of inheritance through a notary by providing the decedent’s death certificate, a detailed civil registration record, and the certificate of inheritance application form. A power of attorney issued by a notary is required for a lawyer to track these proceedings. After the death of the decedent, the lawyer performs the procedures to obtain the certificate of inheritance using a power of attorney received from one of the heirs.
In addition, heirs may apply to the Civil Court of Peace and request the issuance of a certificate of inheritance through a lawsuit by submitting the decedent’s death certificate, a detailed civil registration record, and a petition. As this lawsuit is of significant importance, it is among the proceedings that are resolved urgently. The judge of the Civil Court of Peace examines the documents attached to the petition to determine the heirs and their inheritance shares. Following all these processes with a lawyer is important to avoid loss of rights. There is no statute of limitations in the law for requesting a certificate of inheritance; heirs have the right to request its issuance at any time. However, the certificate of inheritance must be obtained within 3 months from the death of the decedent, as inheritance and transfer tax payments are also processed. A separate regulation exists in the law for appointed heirs. An appointed heir has the right to request the issuance of the certificate of inheritance 1 month after the date they were notified that they were an heir.