Where and How to Obtain a Certificate of Inheritance in Turkey?

Where and How to Obtain a Certificate of Inheritance?

1. Introduction

The certificate of inheritance is an official document that identifies the legal heirs of a person after their death and is of critical importance in the distribution of inheritance in Turkey. This document forms the basis for conducting inheritance proceedings and protects the rights of heirs. In this comprehensive guide, we will discuss what a certificate of inheritance is, how to obtain it, and its importance in the inheritance process in the Turkish Legal System.

2. What is a Certificate of Inheritance?

2.1 Definition and Importance

A certificate of inheritance is an official document that shows the legal heirs of the deceased person (testator) and each heir’s share of the inheritance. This document is a legal document necessary for heirs to exercise their inheritance rights in Turkey.

2.2 Content of the Certificate of Inheritance

A typical certificate of inheritance contains the following information:

• Identity information of the testator
• Date of death of the testator
• Names and identity information of legal heirs
• Each heir’s share of the inheritance
• Date and place of issuance of the document
• Information and approval of the issuing authority (court or notary)

2.3 Areas of Use for the Certificate of Inheritance

The certificate of inheritance is used in many official transactions:

• Transfer of bank accounts to heirs
• Land registry transactions and real estate transfer
• Vehicle transfer transactions
• Collection of insurance and pension payments
• Transfer of company shares
• Presentation as evidence in inheritance lawsuits

3. Where to Obtain a Certificate of Inheritance?

A certificate of inheritance can be obtained from two main institutions in Turkey:

3.1 Civil Courts of Peace

Civil Courts of Peace are the judicial authorities authorized to issue certificates of inheritance. Courts may be preferred in more complex inheritance situations.

Advantages:

• More detailed examination is conducted
• More suitable for complex family structures or inheritance disputes
• Has a stronger legal status as it is a court decision

Disadvantages:

• Processing time is generally longer
• May require lawsuit costs

3.2 Notaries

Notaries also have the authority to issue certificates of inheritance in the Turkish Legal System. They may be preferred especially in simpler inheritance situations.

Advantages:

• Generally faster processing time
• Requires less formality
• Often more economical

Disadvantages:

• May have jurisdiction limitations in complex situations
• Some institutions may request a court decision

4. How to Obtain a Certificate of Inheritance?

4.1 Required Documents

To obtain a certificate of inheritance, you need to prepare the following documents:

1. Population register copy of the testator (deceased person)
2. Photocopies of heirs’ identity cards
3. Death certificate of the testator
4. Petition requesting certificate of inheritance
5. Will, if any
6. Last residence document of the testator
7. Current address information of heirs

4.2 Application Process

Step 1: Prepare the Documents

Collect all the required documents listed above completely.

Step 2: Apply

Apply to the Civil Court of Peace or a notary with the documents you have prepared.

Step 3: Submit a Petition

Write a petition or fill out a ready form for requesting a certificate of inheritance. This petition should include the identity information of the testator, date of death, and information of known heirs.

Step 4: Pay Fees and Expenses

Pay the necessary fees and expenses for the certificate of inheritance. These fees may vary depending on the institution you apply to and the value of the inheritance.

Step 5: Waiting Process

After your application is reviewed, necessary investigations are conducted. This period may vary depending on the complexity of the situation.

Step 6: Receiving the Document

When the procedures are completed, the certificate of inheritance is delivered to you.

4.3 Special Situations

4.3.1 Death in a Foreign Country

If the testator died in a foreign country, the death certificate obtained from that country must be translated into Turkish and notarized. Also, a certificate of inheritance from the relevant authorities of that country may be required.

4.3.2 If There is a Will

If the testator has left a will, this document must also be submitted during the application for the certificate of inheritance. The will may affect the content of the certificate of inheritance.

4.3.3 Missing Heirs

If one of the heirs is missing or unreachable, this situation should be reported to the court. The court will take necessary measures to protect the rights of the missing heir.

5. Time to Obtain a Certificate of Inheritance

The time to obtain a certificate of inheritance varies depending on the institution where the application is made and the complexity of the situation:

5.1 Certificate of Inheritance Obtained from a Notary

A certificate of inheritance obtained from a notary is generally prepared faster. When all documents are submitted completely, the document can be prepared within 1-3 business days.

5.2 Certificate of Inheritance Obtained from Court

The process for obtaining a certificate of inheritance from court is generally longer. In simple cases, it can be concluded within 1-2 weeks, while in complex cases, this period may extend up to several months.

5.3 Factors Affecting the Process

• Number and availability of heirs
• Complexity of the testator’s assets
• Existence and content of a will
• Whether there is a dispute among heirs
• Workload of the court or notary

6. Fee for Certificate of Inheritance

The fees and expenses to be paid for the certificate of inheritance vary depending on the institution applied to and the value of the inheritance.

6.1 Notary Fees

Fees for obtaining a certificate of inheritance from a notary include:

• Fixed notary fee
• Fee varying according to the value of the inheritance
• Stamp duty
• Photocopy and other expenses

6.2 Court Fees

The fees to be paid for obtaining a certificate of inheritance from court are:

• Application fee
• Decision and judgment fee
• Power of attorney fee if applying with a proxy
• Notification expenses

6.3 Determination of Fees

Fees are redetermined every year. Please review the 2024 notary fee tariff here.

7. Legal Nature of the Certificate of Inheritance

7.1 Validity Period

The certificate of inheritance does not have a specific validity period. However, the document may need to be updated in cases such as the emergence of a new heir or the death of an existing heir.

7.2 Cancellation and Amendment

The certificate of inheritance can be cancelled or amended if new information emerges or an error is detected. In this case, an application is made to the relevant court requesting the cancellation or correction of the document.

7.3 Use Abroad

If the certificate of inheritance needs to be used abroad, the document may need to have an apostille or be approved by the consulate of the relevant country.

8. Process After the Certificate of Inheritance

8.1 Distribution of Inheritance

The certificate of inheritance alone is not sufficient for the distribution of inheritance. An agreement may need to be reached among the heirs or a lawsuit may need to be filed in case of disagreement.

8.2 Inheritance and Transfer Tax

After obtaining the certificate of inheritance, an inheritance and transfer tax declaration must be submitted within the legal period. This tax is calculated based on the value of the inheritance and the degree of kinship between the heir and the testator.

8.3 Transfer of Assets

With the certificate of inheritance, the transfer procedures of the testator’s assets (real estate, vehicles, bank accounts, etc.) to the heirs can be initiated.

9. Frequently Asked Questions

What should be done if one of the heirs is abroad?

A power of attorney can be arranged for the heir abroad, or a certificate of inheritance can be requested from the Turkish consulate in the relevant country.

Is it necessary to hire a lawyer for the certificate of inheritance?

There is no legal obligation to hire a lawyer, but it may be beneficial to consult a lawyer in complex situations.

Can inheritance be rejected?

Yes, it is possible to reject the inheritance within the legal period (within 3 months after learning of the death).

How many copies of the certificate of inheritance should be obtained?

It is generally useful to obtain more than one copy, as you may need to submit it to different institutions.

10. Conclusion

The certificate of inheritance is an important part of the inheritance process in Turkey and protects the rights of legal heirs. It is important to carefully follow the necessary steps to obtain this document and submit all required documents completely. Consulting a legal expert in complex situations or when in doubt will help the process proceed smoothly. After obtaining the certificate of inheritance, being informed about inheritance distribution and other legal obligations will enable you to manage the inheritance process more healthily.

 

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