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Certificate of Inheritance

What is a Certificate of Inheritance?

Under inheritance law, a person's assets pass to their heirs upon their death. However, an official document is required to determine who the heirs are and their respective shares in the inheritance.

This document is called a certificate of inheritance , or in other words, a certificate of heirship

A certificate of inheritance is an official document that shows who the heirs are and the proportions of their inheritance after the death of the testator.

This document is of great importance for the heirs to be able to act on the estate.


The Legal Nature of the Certificate of Inheritance

A certificate of inheritance is an official document that establishes heirship. This document shows who the heirs are and their respective shares of the inheritance.

However, a certificate of inheritance is not a definitive judgment. In other words, if the certificate of inheritance is incorrectly prepared, it can be annulled or corrected by the court.

Therefore, a certificate of inheritance that .


Why is a Certificate of Inheritance Necessary?

In order for transactions to be carried out regarding the assets of the deceased, it is necessary to determine who the heirs are.

A certificate of inheritance is required for the following procedures:

  • title deed transactions

  • transfer of bank accounts

  • inheritance sharing

  • sale of real estate

These procedures cannot be carried out without a certificate of inheritance.


Where can I obtain a Certificate of Inheritance?

A certificate of inheritance can be obtained from two different places.

These institutions are:

  1. Peace courts

  2. Notaries

Heirs can apply to any of these institutions to request a certificate of inheritance.


Certificate of Inheritance from the Civil Court of Peace

Certificates of inheritance are most often obtained from civil courts.

The heirs of the deceased are determined through an application to the court, and the court issues a certificate of inheritance.

This process is usually completed quickly.


Certificate of Inheritance from a Notary Public

In Turkish law, notaries can also issue certificates of inheritance.

However, in some cases, notaries cannot issue inheritance certificates. Specifically, the following situations may make the notary process impossible:

  • having foreign national heirs

  • Issues related to kinship

  • the inheritance situation is unclear

In such cases, a certificate of inheritance can only be issued by a court.


Inheritance Certificate via e-Government

In recent years, with digitalization, some notary transactions can be carried out through the e-Government system.

However, inheritance certificates cannot be obtained directly through e-Government. Only certain applications can be made through e-Government.

Certificates of inheritance are usually issued through a notary or a court.


Information Included in the Certificate of Inheritance

A certificate of inheritance is an official document that identifies the heirs and lists their respective shares of the inheritance.

This document typically contains the following information:

  • Identity information of the deceased

  • Identity information of the heirs

  • inheritance share ratios

This information is of great importance in terms of inheritance sharing.


Cancellation of the Certificate of Inheritance

In some cases, the certificate of inheritance may have been incorrectly prepared.

For example, some heirs may not have been included in the document, or the share ratios may have been incorrectly determined.

In this case, an application can be made to the court to have the certificate of inheritance annulled.

The court can annul the inheritance certificate and issue a new one.


The Importance of the Certificate of Inheritance

A certificate of inheritance is a very important document in inheritance law. This document allows heirs to act on behalf of the estate.

A certificate of inheritance is required for many transactions, such as the division of inheritance, the transfer of real estate, and banking transactions.

Therefore, one of the first things to do after the death of a deceased person is to obtain a certificate of inheritance.


Conclusion

A certificate of inheritance is an official document that identifies the heirs and their respective shares of the inheritance. This document is necessary for heirs to act upon the estate after the death of the deceased.

A certificate of inheritance can be issued by civil courts or notaries. This document is of great importance in inheritance law for the distribution of inheritance.

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