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 estate is opened. During the period until the heirs reach the stage of partitioning the estate, the heirs may use these assets in the capacity of heirs as joint owners of all the assets. 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, a certificate of inheritance must be obtained. When a certificate of inheritance is obtained, the heirs of the deceased and their respective inheritance shares are determined. It is also necessary to obtain a certificate of inheritance 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 will or inheritance contract before their death. In this case, obtaining a certificate of inheritance is also of great importance. Appointed heirs also prove their rights over the inheritance in the certificate of succession. According to the authority granted by the Turkish Civil Code, the issuance of a certificate of succession can be requested by legal and appointed heirs. However, it is accepted in the established case law of the Court of Cassation that creditors also have the right to obtain a certificate of inheritance in order to identify the heirs due to the debts of the deceased and ensure that the debts are collected through enforcement proceedings.
Upon 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 make a separate application to request the issuance of a certificate of inheritance. The certificate of inheritance obtained 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 Succession” at the Civil Court of Peace in the place where the deceased last resided. However, with the changes made in recent times, certificates of inheritance are also obtained 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. In addition, neither the deceased nor any of the heirs may be a foreign national, adopted, or in a state of declared death, and the dates of death must not be the same day. The deceased must not have made a will or inheritance contract for the purpose of appointing an heir before their death. Furthermore, 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. 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, a detailed population registration record, and the inheritance certificate 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 performs the procedures for obtaining the certificate of inheritance with the power of attorney taken from one of the heirs.
In addition, 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, a detailed population registration record, and a petition. Since this lawsuit is of great importance, it is among the matters 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 succession in order 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 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 deceased. Inheritance and gift 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 after 1 month has passed since the date they were notified that they are an heir.