WHAT IS A CERTIFICATE OF INHERITANCE?
WHAT IS A CERTIFICATE OF INHERITANCE?
A certificate of inheritance, also known as a certificate of succession (veraset ilamı), is an important document that shows the shares of the estate left by the deceased to their heirs.
With the death of the deceased, the entire estate is opened. During the period between the death and the division of the estate, the heirs collectively own all assets and may use these assets in their capacity as heirs. Heirs have the right to use the movable and immovable property left by the deceased. After the death of the deceased, a certificate of inheritance must be obtained in order to transfer the deceased's immovable properties to the heirs in the land registry or to sell them to third parties. Once the certificate of inheritance is issued, the heirs of the deceased and their respective inheritance shares are determined. A certificate of inheritance must also be obtained for the liquidation and distribution of the deceased’s bank deposits. The primary purpose of a certificate of inheritance is to prove to third parties who the heirs of the deceased are. The deceased may have determined an appointed heir via a will or an inheritance contract before their death. In such cases, obtaining a certificate of inheritance remains highly important, as appointed heirs also use it to prove their rights to the estate. 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 heirs due to the deceased’s debts so that creditors can pursue them through enforcement proceedings, the established case law of the Court of Cassation also acknowledges that creditors have the right to obtain a certificate of inheritance.
Upon the death of the deceased, it is sufficient for only one of the heirs to apply for a certificate of inheritance. It is not necessary for each heir to file a separate application. The issued certificate of inheritance covers all heirs and can be used by all of them.
A certificate of inheritance is requested from the Civil Court of Peace at the place of the deceased's last residence through a lawsuit "requesting a certificate of succession." However, with recent changes, applications can now be made to a Notary Public to obtain a certificate of inheritance. There are certain conditions for the heirs of the deceased to request a certificate of inheritance through a notary. Specifically, the heir requesting the certificate must be a legal heir. Furthermore, neither the deceased nor any of the heirs must be a foreign national, an adoptee, or have a status of disappearance, and the dates of death must not be on the same day. The deceased must not have made a will or an inheritance contract to appoint an heir before their death. Additionally, if the deceased died before 23.11.1990 and their spouse is still 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 with the deceased's death certificate, a detailed population registration record, and an application form for the certificate of inheritance. To follow these procedures with a lawyer, a power of attorney issued by a notary is required. Following the death of the deceased, the lawyer carries out the procedures for obtaining the certificate of inheritance using the power of attorney obtained from one of the heirs.
In addition, heirs can apply to the Civil Court of Peace to request the issuance of a certificate of inheritance through a lawsuit by submitting the death certificate of the deceased, a detailed population registration record, and a petition. As this lawsuit is of significant importance, it is among the matters that are resolved urgently. The judge of the Civil Court of Peace examines the documents attached to the petition and determines the heirs of the deceased and their inheritance shares. It is important to follow all processes for requesting a certificate of inheritance with a lawyer to avoid any loss of rights. 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 should be obtained within 3 months from the death of the deceased. Inheritance and gift tax payments are also made. A separate regulation is provided in the law for appointed heirs. An appointed heir has the right to request the issuance of a certificate of inheritance 1 month after the date on which they are notified that they are an heir.