The decree of inheritance, which allows the official determination of a person's right to inheritance after his or her death, is one of the basic documents that form the legal basis of the inheritance process. This document is requested in many official processes, from title deed transactions to bank accounts, from vehicle transfer to other inheritance transactions. The deed of inheritance, which is of great importance for the heirs to exercise their rights, is issued by the authorized institutions under certain conditions and officially documents the title of heir. You can find details of questions such as what is inheritance and how to get it, in the content.
What is a Certificate of Inheritance?
The deed of inheritance, also known as the certificate of inheritance, is an official document showing who the legal heirs of the deceased person are and their share rates in the inheritance. This document, which takes its legal basis from Article 598 of the Turkish Civil Code No. 4721, is issued by the Civil Court of Peace or the notary office to those who are determined to be legal heirs upon their application.
The deed of inheritance is a basic document for the heirs to exercise their rights over the inheritance. This document is requested to prove inheritance in the land registry, access to assets in bank accounts, vehicle transfer, inheritance and transfer tax transactions and many official processes related to inheritance. The General Directorate of Land Registry and Cadastre also considers the presentation of the inheritance certificate among the mandatory documents in inheritance transfer transactions. The document only includes who the heirs are and their legal inheritance shares; Details regarding the real estate, bank accounts or other assets of the testator are not shown in this document.
How to Obtain a Certificate of Inheritance?
The certificate of inheritance can be obtained from notary public offices or Civil Courts of Peace upon the application of any of the heirs. The institution to which the application should be made may vary depending on the nature of the inheritance situation. In cases where the inheritance relationship can be determined clearly and without hesitation through population records, notaries can issue a deed of inheritance. However, in cases where there are foreign heirs, there are deficiencies or contradictions in the population records, there is a dispute regarding lineage, or in other cases where the notary is not authorized to act, the application must be made to the Civil Court of Peace.
Although presenting an identity document during the application is sufficient, the court may request additional documents or information if deemed necessary. As a result of the examination, the identities of the heirs and their legal inheritance shares are determined and a certificate of inheritance is issued. The issued document enables the heirs to officially carry out title deed transfer, access to bank accounts, vehicle transfer and other inheritance transactions. In accordance with Article 598 of the Turkish Civil Code, the inheritance certificate is issued upon the request of legal or appointed heirs. In practice, transactions are carried out through notary offices or Civil Courts of Peace.
Where to Get a Certificate of Inheritance?
The certificate of inheritance can be obtained from notary offices or Civil Courts of Peace. Which institution to apply to varies depending on the characteristics of the inheritance situation. In cases where the inheritance relationship can be clearly and completely determined through population records, a deed of inheritance can be issued by notaries. However, in cases where the notary is not authorized to act or the inheritance requires additional examination, the application must be made to the Civil Court of Peace.
In addition, people who meet the appropriate conditions can also access the issued inheritance documents through the e-Government Gateway. e-Government is not an institution that issues a new inheritance certificate; It provides a service that provides electronic access to inheritance documents created by a notary or court and suitable for viewing in the system. In this way, the document can be accessed digitally for many transactions without the need to obtain a physical document.
How to Obtain a Certificate of Inheritance from E-Government?
The inheritance decree issued by the Notary Public or the Civil Court of Peace and suitable for viewing in the system can be easily accessed via e-Government. For this you can follow the steps below:
T.R. e-Government Gateway Log in with your ID number and password, mobile signature, electronic signature or internet banking methods.
Type "Inheritance Certificate Inquiry" or "Inheritance Certificate Inquiry" in the search section on the home page.
Open the relevant service and view the inheritance certificate issued in your name.
If necessary, you can download or print the document in PDF format.
However, not every inheritance certificate can be viewed via e-Government. Especially in cases where there are foreign heirs, missing population records, or requiring legal review, the document can only be obtained through the relevant court or notary office. In addition, the document accessed via e-Government is a digital image of the official inheritance document previously issued by the notary or the court.
Documents Required for Certificate of Inheritance
One of the issues that people who will apply for a writ of inheritance are most curious about is the question of what is required for a writ of inheritance. Although the documents to be requested may vary depending on whether the application is made from the notary or the Civil Court of Peace, the following documents are generally requested:
Valid identity document of the applicant (T.R. identity card, identity card or passport)
T.R. of the inheritor. identification number or identification information
Information on the death certificate when necessary
Application petition if requested in court applications
In case there is a foreign heir or if the population records are not sufficient, additional official documents and other documents requested by the relevant institutions.
In applications made from the notary, if the population records can be verified electronically, it is often sufficient to present only the identity document. However, in cases where there is hesitation in determining the status of inheritance or in cases that require additional examination, the Civil Court of Peace may request additional documents and information.
How Many Days Does It Take to Issue a Certificate of Inheritance?
The period for issuing the inheritance certificate may vary depending on the institution to which the application is made and the nature of the inheritance situation. In cases where population records are complete and the inheritance relationship can be clearly determined, applications made from the notary office are usually completed on the same day.
In cases where the application must be made to the Civil Court of Peace, the processing time may vary depending on the workload of the court, the characteristics of the file and whether additional examination is required. In practice, the deed of inheritance can be issued within a few days, but in some cases it is also possible for the process to take up to a few weeks.
Situations such as the presence of foreign heirs, incompleteness or contradiction in the population records, or requesting additional documents may extend the period for the issuance of the inheritance decree. Therefore, preparing the necessary information and documents completely before the application contributes to the faster completion of the process.
The deed of inheritance is one of the basic documents that officially document the rights of the heirs and ensure that inheritance transactions are carried out in accordance with the law. Providing this document, which is needed in many transactions such as title deed transfer, access to bank accounts, vehicle transfer and inheritance sharing, from the right institution and with complete documents, contributes to the rapid progress of the process. It is important to act in accordance with the current legislation, especially in order to avoid loss of rights during the inheritance process and to complete the official procedures smoothly.
