What is an Inheritance Certificate (Certificate of Succession)?
An inheritance certificate (certificate of succession) is an official document that shows the heirs of the deceased along with the shares of each heir. It is mandatory for the heirs of the deceased to present the inheritance certificate to the relevant institutions and organizations in order to dispose of the inherited estate. Therefore, the first thing an heir must do after the death of the deceased is to obtain the inheritance certificate in order to manage the inherited assets.
To obtain the inheritance certificate, it is sufficient for just one of the heirs to apply. The inheritance certificate issued upon request specifies the share of each heir separately. There is no need for the heirs to act together; it is enough for the person requesting the inheritance certificate to apply without the consent of the other heirs.
Anyone who believes they are an heir can apply to the notary office or the civil court of peace to obtain a certificate of inheritance. Indeed, Article 598/1 of the Civil Code states:
“Upon application, those determined to be legal heirs shall be given a document by the civil court of peace or the notary showing their status as heirs.”
To be able to request a certificate of inheritance, it is mandatory that the deceased has either passed away or been declared missing. Additionally, the application must be made by persons authorized to request the inheritance certificate.
According to Article 598/2 of the Civil Code:
“Unless an objection is made within one month from the notification of heirs or other testamentary creditors regarding the death-related disposition concerning the appointment of heirs or a will, a document showing that the person in whose favor the disposition was made is an appointed heir or testamentary creditor shall be given by the civil court of peace.”
As understood from this provision, there is a one-month objection period for appointed heirs and testamentary creditors to obtain the inheritance certificate, and no objection must be raised within this period for the certificate to be issued.
The inheritance certificate can be obtained personally or through the person’s lawyer from the notary office. However, if at least one of the heirs is a foreign national, the certificate of inheritance cannot be issued by the notary. In such cases, the inheritance certificate can only be obtained from the civil court of peace.
Furthermore, if the lineage of the deceased cannot be determined from the population records, if the population records are not sufficiently clear, or if a valid will has been prepared, the inheritance certificate can only be obtained from the civil court of peace.
Documents Required for the Inheritance Certificate
- Death certificate of the person
- Copy of the population registration record
- Photocopy of the identity card
- Petition/request letter for the certificate of inheritance
Antalya Inheritance Lawyer – Antalya Inheritance Law Attorney
The certificate of inheritance (veraset ilamı) is an extremely important document. Mistakes made during the application process or incorrect objections can cause heirs to lose their rights and valuable time. Therefore, it is highly important to seek assistance from an expert inheritance lawyer.
Our law office provides you with professional support and legal follow-up services in the field of inheritance law.
