Is a Certificate of Inheritance Required to Renounce Inheritance in Turkish Law?

Inheritance is the property left to heirs upon a person’s death in the Turkish Legal System. Heirs have the right to accept or reject the inheritance. However, is it mandatory to obtain a certificate of inheritance before renouncing the inheritance? In this article, we will seek the answer to this question.

What is a Certificate of Inheritance?

A certificate of inheritance is an official document that specifies who the heirs are and their inheritance shares. This document is necessary for legally determining the rights and obligations among the heirs. It is issued by a notary or civil court of peace and is a mandatory document for heirs to conduct official transactions.

What is Renunciation of Inheritance?

Renunciation of inheritance is the legal rejection of the inheritance by the heirs. In this case, the heir is not responsible for any positive or negative consequences of the inheritance. Renunciation of inheritance is done by applying to the civil court of peace in the last place of residence of the deceased. For renunciation of inheritance, heirs must apply within three months from the date of death.

Is a Certificate of Inheritance Required to Renounce Inheritance?

According to the Turkish Civil Code, obtaining a certificate of inheritance is not a requirement for renouncing the inheritance. In other words, having obtained a certificate of inheritance does not prevent the renunciation of inheritance. Moreover, an heir can still renounce the inheritance even after obtaining a certificate of inheritance. In this case, heirs can renounce their inheritance rights determined by the certificate of inheritance.

What is the Importance of the Certificate of Inheritance for Renunciation?

It is recommended to obtain a certificate of inheritance before renouncing the inheritance to avoid disputes among heirs and officially determine who inherits. This document facilitates the determination of rights among heirs and the legal process in case of renunciation of inheritance.

Conclusion

In conclusion, obtaining a certificate of inheritance is not mandatory for renouncing inheritance. However, obtaining a certificate of inheritance will be beneficial to clarify the rights of heirs and the status of the inheritance. This document is an important tool to avoid any legal issues during the process of renouncing inheritance.

For more help or consultation on this matter, you can contact us.

Attorney Ozan Soylu