What is a Certificate of Inheritance?

What is a Certificate of Inheritance?

A document that shows who the heirs are following the death of the testator is called a certificate of inheritance. Another name for the certificate of inheritance is the "veraset ilamı" (declaration of succession). An application by even a single heir is sufficient to obtain a certificate of inheritance. Prior to 2011, certificates of inheritance could only be issued by civil courts of peace; however, following a legal amendment, notaries may now also issue certificates of inheritance. Nevertheless, if there are heirs living in a foreign country or who are citizens of a foreign country, notaries do not issue certificates of inheritance. Not only legal heirs but also appointed heirs may request a certificate of inheritance.

What is the Renunciation of Inheritance?

Renunciation of inheritance is the declaration of intent by a legal or appointed heir to reject the inheritance that has passed to them. Those who have the right to renounce an inheritance are the legal and appointed heirs. An appointed heir may renounce the inheritance even if they were appointed as an heir through an inheritance contract. In contrast, there is no need for a legatee (a person to whom a specific asset has been bequeathed) to renounce a legacy; if they do not claim it within the specified period, the right to demand the fulfillment of the legacy expires.

What are the Reasons for Disinheritance?

Those who intentionally and unlawfully kill or attempt to kill the testator, those who intentionally and unlawfully render the testator unable to make a testamentary disposition, those who, through fraud, threat, or duress, cause the testator to make a testamentary disposition or revoke such a disposition or prevent them from doing so, and those who intentionally and unlawfully destroy or spoil the testator's testamentary disposition at a time and in a situation when the testator can no longer make it again, are unworthy of inheriting.

Who are the Reserved Portion Heirs?

According to our law, reserved portion heirs in the first group are the testator's descendants (the entire first group), namely children, grandchildren, and great-grandchildren. In the second group, the deceased's mother and father are entitled to a reserved portion. Conversely, siblings and siblings' children do not have a reserved portion. There are no reserved portion heirs in the third group. Beyond these, our law also grants a reserved portion to the surviving spouse.

Does an Adopted Child Have a Legal Right of Inheritance?

An adopted child is an heir in the first group and has the same inheritance rights as a child born within marriage. The most fundamental characteristic of an adopted child's legal right of inheritance is that it is a unilateral inheritance. This means that while an adopted child is a legal heir of the adopter, the adopter is not a legal heir of the adopted child. In the event of the death of the adopted child, their legal heirs are their own blood relatives and spouse. Another feature is that the adopted child is only a legal heir of the adopter. They are not a legal heir of the adopter's blood relatives (father, mother, sibling, etc.). This is because the adoption bond creates a kinship relationship only between the adopted child and the adopter. The adopted child is a legal heir to the adopter, as well as a legal heir to their own blood relatives, if any.

What is the Inheritance Right of the Surviving Spouse?

The inheritance share of the testator's surviving spouse varies according to the group with which they are inheriting. If the surviving spouse inherits together with the descendants—that is, the children of the deceased—1/4 of the inheritance belongs to the surviving spouse, and the remaining 3/4 is distributed equally among the children. If the surviving spouse inherits together with the testator's mother and father, half of the inheritance belongs to the surviving spouse, and the remaining half is distributed equally between the testator's mother and father. If the surviving spouse inherits together with the testator's grandparents, 3/4 of the inheritance is given to the surviving spouse, and the remaining 1/4 is distributed equally among the testator's grandparents.

Can an Unmarried Partner and Children Born Out of Wedlock Inherit?

In terms of inheritance law, an unmarried partner does not belong to any of the groups defined for inheritance cases. Therefore, for an unmarried partner to become an heir, there must be a will or a testamentary disposition. Since the inheritance right of an unmarried partner is only possible through a contract, the unmarried partner has no reserved portion. However, it is accepted that support compensation may be requested even if there is no official marriage. Support compensation must be calculated until the date of marriage, whether official or unofficial. The inheritance rights of children are not dependent on marriage. Children born within and outside of marriage inherit in the same proportion.