CERTIFICATE OF INHERITANCE

CERTIFICATE OF INHERITANCE

When a person has died, the document that shows who is entitled to the property left behind is called a certificate of inheritance. This document which is requested after the death of the testator proves the authority of the heirs to dispose of the heritage.

The certificate of inheritance can be applied for by anyone who believes that they are an heir through the civil court of peace or a notary public. The request for certificate of inheritence through a notary public is preferred because this way is fast. In cases where the conditions set by the notary law are not complied with, a 'Rejection Certificate' is issued. In this case, the only place to obtain the certificate of inheritance is the civil court of peace. The requirements set out in the Notary Act may vary depending on lineage, date of death and citizenship. Persons who do not have Turkish citizenship cannot apply to the notary for inheritance, and persons who are Turkish citizens but do not reside in Türkiye cannot apply to the notary. These persons must request the certificate of inheritance directly from the civil court of peace.

As a result of the application made to the civil court of peace with a civil registry copy, death certificate and petition, the court conducts research on the population status of the requester and the deceased and decides on the issuance of the certificate of inheritance. Civil courts of peace have jurisdiction and general authority. In addition, the civil courts of peace where each of the heirs reside are authorized to request the certificate of inheritance.

The certificate of inheritance is valid until proven otherwise.  The annulment of the certificate of inheritance may be filed before the Civil Court of First Instance at the place of residence of each of the heirs. The application for the annulment of the certificate of inheritance is not subject to any statute of limitations or a grace period.

For legal advice regarding the request for a certificate of inheritance from Türkiye, please contact us at av.basakcavusogullari@gmail.com or +90 531 933 63 16.

[1] TMK m.598/1

[2] TMK m.598/3