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 deceased to their heirs.
With the death of the deceased, the entire inheritance is opened. During the period until the heirs reach the stage of dividing the inheritance, the heirs may use these assets in the capacity of an heir, as they jointly own all the assets. The heirs have the right to use the movable and immovable properties of the deceased. In the event that the immovable properties left by the deceased after their death are 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 heirs of the deceased and their inheritance shares are determined. A certificate of inheritance must also be obtained for the liquidation and distribution of the deceased's money in the bank. The main purpose of the certificate of inheritance is to prove to third parties who the heirs of the deceased are. The deceased may have designated an appointed heir through a testament or inheritance contract before their death. In this case, obtaining a certificate of inheritance is also very important. Appointed heirs also prove their rights to 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, it is accepted in established precedents of the Court of Cassation that creditors also have the right to obtain a certificate of inheritance in order to identify the heirs of the deceased due to the debts of the deceased and to ensure that the debts are demanded through enforcement proceedings.
With the death of the deceased, it is sufficient for one of the heirs to apply to obtain a certificate of inheritance. Each heir does not have to apply separately to request the certificate of inheritance. The obtained certificate of inheritance covers all heirs and can be used by all of them.
The certificate of inheritance is requested from the Civil Court of Peace in the place of the deceased's last residence via a lawsuit "Requesting a Certificate of Inheritance". However, with recent changes, it is also possible to obtain a certificate of inheritance by applying to a Notary Public. There are certain conditions for the heirs of the deceased to be able to request a certificate of inheritance through a notary. Namely; the heir requesting the certificate of inheritance must be a legal heir. Furthermore, neither the deceased nor any of the heirs must be a foreign national, adopted, or in a state of disappearance, and the dates of death must not be on the same day. The deceased must not have made a testament or inheritance contract to appoint an appointed heir before their death. Additionally, if the deceased 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 in this case. If all these conditions are met, the heirs can request the certificate of inheritance through a Notary Public with the death certificate of the deceased, the detailed population registration record, and the certificate of inheritance application form. A power of attorney issued by a notary is required for all these procedures to be followed by a lawyer. After the death of the deceased, the lawyer carries out the procedures for obtaining the certificate of inheritance with the power of attorney taken from one of the heirs.
In addition to this, heirs can apply to the Civil Court of Peace and request the issuance of a certificate of inheritance through a lawsuit with the deceased's death certificate, detailed population registration record, and a petition. As this lawsuit is of importance, it is among the procedures 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 with a lawyer to request a certificate of inheritance in order not to experience 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 must be obtained within 3 months from the date of the deceased's death. Inheritance and transfer tax is also paid. 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 1 month after the date on which they are notified that they are an heir.