Proof of Inheritance and Succession Procedures


                                     Proof of Inheritance and Succession Procedures


          Certificate of Inheritance: Certificate of Inheritance and Succession Procedures

Inheritance certificate, in other words, is the document that shows who the heirs of the inheritor are and how much their share is. Official institutions and organizations will request the presentation of the inheritance certificate for inheritance sharing and transfer transactions.


                                                         What is a Certificate of Inheritance?

So, what is a certificate of inheritance, so what is a certificate of inheritance? The certificate of inheritance is a document given to the heirs and it is the document that shows the right and share of the heirs on the inheritance after the death of the heir. For this reason, it is an important document. Because the inheritance is distributed to the heirs in proportion to their rights and shares in the certificate of inheritance. Therefore, the certificate of inheritance is legally important as it directly affects the sharing of the inheritance.


                                                   How to Get a Writ of Inheritance?

How to get a certificate of inheritance? There are two ways to get a Certificate of Succession. These two ways are different from the public institutions where the inheritance certificate is obtained. After the death of the inheritor, the heirs can receive the certificate of inheritance through a notary public or by applying to the Civil Court of Peace.

The Certificate of Inheritance is regulated in Article 598 of the TMK, titled "Inheritance Certificate". As a matter of fact, it can be stated in the law how it will be taken.


                                     Where can I get a Certificate of Inheritance-Heritage Certificate?

So, where to get the inheritance certificate? First of all, this road is also the shortest road. For the certificate of inheritance, you can first apply to the notary public. However, the notary public's authority to issue a certificate of succession is limited according to the "Notary Law". There are also certain conditions.

One of these conditions is that all of the heirs must reside in Turkey. As a second condition, the heirs must not be foreign nationals. If even one of the heirs does not reside in Turkey or is a foreign national, then notaries will not issue a certificate of inheritance in this case.

Most of the time, this way is preferred by the heirs because it is a short way in practice. Because, the alternative of applying to the Civil Court of Peace, which is the other way, is not preferred much because of the high number of courts.

But it is also worth noting that; If the heirs who apply for the certificate of inheritance received from the notary public or the heirs who think that their rights have been violated due to the ratios in the document, have the right to apply to the Civil Court of Peace. In other words, the heirs have the right to object to the inheritance certificate obtained from the notary public.

At the same time, the certificate of succession obtained from the notary public does not have an expiry date. Certificate of inheritance by the notary public is given to the heirs without time.


                                     Obtaining the Certificate of Inheritance from the Civil Court of Peace

All heirs can apply together, or a certificate of heirship can be obtained through the court with the application of a single heir. There is a possibility that this road will take a little longer than the way of getting it through a notary public. Because the workload of the courts is very high. However, in case of application, a certificate of inheritance is given based on the result of the evaluation in a shorter period of time rather than the normal trial. Depending on the workload, the court can give a decision in 1 week or after 1 month.

Whichever way the heirs choose, they need to prepare some documents while applying for the certificate of inheritance.





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