WHAT IS A CERTIFICATE OF INHERITANCE AND HOW IS IT OBTAINED A certificate of inheritance, also known as
WHAT IS A CERTIFICATE OF INHERITANCE AND HOW IS IT OBTAINED
A certificate of inheritance, also known as a certificate of succession, is an important document that shows the heirs and their shares of the estate left by the decedent.
The entire estate is opened upon the death of the decedent. Until the inheritance is partitioned by the heirs, the heirs may use all assets in the capacity of heirs by being joint owners of all property. The heirs have the right to use the movable and immovable property of the decedent. A certificate of inheritance must be obtained if the immovable property left by the decedent after their death is to be transferred to the heirs in the land registry or sold to third parties. When a certificate of inheritance is issued, the heirs of the decedent and their inheritance shares are determined. A certificate of inheritance must also be obtained 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. The decedent may have designated an appointed heir through a will or an inheritance contract before their death. In this case, obtaining a certificate of inheritance is also of great importance. Appointed heirs also prove their rights to the estate in the certificate of inheritance. According to the authority granted by the Turkish Civil Code, a certificate of inheritance can be requested by legal and appointed heirs. However, in order to identify the heirs due to the decedent's debts and to ensure that the debts are demanded through enforcement proceedings, it is accepted in established Supreme Court precedents that creditors also have the right to obtain a certificate of inheritance.
It is sufficient for one of the heirs to apply to obtain a certificate of inheritance upon the death of the decedent. Each heir does not have to apply separately to request the issuance of a certificate of inheritance. The issued certificate of inheritance covers all heirs and can be used by all of them.
A certificate of inheritance is requested through a lawsuit for a "Certificate of Inheritance" at the Civil Court of Peace in the place where the decedent last resided. However, with recent changes, a certificate of inheritance can be 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. Namely; the heir requesting the certificate of inheritance must be a legal heir. In addition, neither the decedent nor any of the heirs should 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 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 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 a certificate of inheritance through a Notary Public with the death certificate, the detailed civil registry record, and the certificate of inheritance application form of the decedent. A power of attorney issued by a notary is required to follow all these procedures with a lawyer. After 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 apply to the Civil Court of Peace and request the issuance of a certificate of inheritance through a lawsuit with the death certificate, the detailed civil registry record, and the petition of the decedent. Since this lawsuit is of 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 person and their inheritance shares. Following all processes with a lawyer to request a certificate of inheritance is important to avoid the 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 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 are notified that they are an heir.