WHAT IS A CERTIFICATE OF INHERITANCE?
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.
With the death of the decedent, the entire inheritance is opened. During the period until the heirs reach the stage of partitioning the inheritance, the heirs, as joint owners of all assets, may use these assets in their capacity as heirs. The heirs have the right to use the movable and immovable property of the decedent. In the event that the immovable property left behind by the decedent after their death is transferred to the heirs in the land registry or sold to 3rd parties, it is necessary to obtain a certificate of inheritance. When a certificate of inheritance is obtained, the decedent’s heirs 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 funds in the bank. The main purpose of a certificate of inheritance is to prove to third parties who the heirs of the decedent are. Before their death, the decedent may have determined their appointed heir through a will or an inheritance contract. In this case, obtaining a certificate of inheritance is also of great importance. Appointed heirs also prove their rights over the inheritance through the certificate of inheritance. According to the authority granted by the Turkish Civil Code, the issuance of a certificate of inheritance can be requested by legal and appointed heirs. However, in order to identify the heirs due to the debts of the decedent and to ensure that the debts can be claimed through enforcement proceedings, it has been accepted in the established case law of the Court of Cassation 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 to obtain a certificate of inheritance. Each heir is not required to apply individually to request the issuance of a certificate of inheritance. The obtained certificate of inheritance covers all heirs and can be used by all of them.
A 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 are now obtained by applying to a Notary Public. There are certain conditions for the heirs of the decedent to request a certificate of inheritance through a notary. Specifically, the heir requesting the certificate of inheritance must be a legal heir. In addition, neither the decedent nor any of the heirs must be a foreign national, an adoptee, or have a declaration of absence (gaiplik), and their dates of death must not be on the same day. The decedent must not have made a will or an inheritance contract to appoint an heir before their death. Furthermore, if the decedent died before 23.11.1990 and their spouse is alive, it is necessary to apply to the Civil Court of Peace to obtain a certificate of inheritance. If all these conditions are met, the heirs can request the certificate of inheritance through a Notary Public with the decedent’s death certificate, a detailed civil registry record, and a certificate of inheritance application form. For all these processes to be followed by a lawyer, a power of attorney issued by a notary is required. Following the death of the decedent, the lawyer carries out the procedures for obtaining the certificate of inheritance with a power of attorney taken from one of the heirs.
In addition, heirs can request the issuance of a certificate of inheritance through a lawsuit by applying to the Civil Court of Peace with the decedent’s death certificate, a detailed civil registry record, and a petition. As this lawsuit is of importance, it is among the matters resolved with urgency. The judge of the Civil Court of Peace examines the documents attached to the petition and determines the deceased person’s heirs and their inheritance shares. To avoid the loss of rights, it is important to follow all processes for requesting a certificate of inheritance with a lawyer. There is no statute of limitations in the law for requesting a certificate of inheritance. Heirs have the right to request the issuance of a certificate of inheritance whenever they wish. However, the certificate of inheritance must be obtained within 3 months from the death of the decedent. Inheritance and transfer tax payments are also made. A separate regulation has been made in the law for appointed heirs. An appointed heir has the right to request the issuance of a certificate of inheritance after 1 month has passed from the date they were notified that they are an heir.