What is a Certificate of Inheritance (Writ of Inheritance)?
An inheritance certificate (certificate of inheritance) is an official document that shows the heirs of the inheritor together with the shares of each heir. The testator’s heirs must present a certificate of inheritance to the relevant institutions and organizations to dispose of the property they inherit. For this reason, the first thing the heir should do to dispose of the inheritance after the death of the inheritor is to obtain a certificate of inheritance.
Even the application of one of the heirs is sufficient to obtain a certificate of inheritance. In the inheritance certificate received upon request, the share of each of the heirs is indicated separately. The heirs don’t need to act together, and it is sufficient for the person requesting a certificate of inheritance to apply without the consent of the other heirs.
Anyone who thinks he is an heir can apply to the notary public or the magistrates' courts to get a certificate of succession. As a matter of fact, Civil Code 598/1, "Those who are determined to be legal heirs upon their application are given a document showing their title of the heir by the magistrate or notary public." has decreed.
To be able to request a certificate of inheritance, the decedent must have died, or his absence has been decided. In addition, a request must be made by the authorized persons for the certificate of inheritance. Civil Code 598/2 "Unless an objection is made within one month after the heirs or other testament creditors are notified of the testamentary disposition regarding the assignment of heirs or wills, a document showing that he is an heir or testament creditor appointed by the magistrate's court shall be given to the person in whose favor the disposition is made". There is a 1-month objection period for the appointed heirs and testament creditors to issue a certificate of inheritance.The notary public can obtain the certificate of inheritance in person or through the person’s lawyer. However, if at least one of the heirs is a foreign national, the certificate of inheritance cannot be issued by a notary public. In these cases, the certificate of inheritance can only be obtained from the Civil Court of Peace. In addition, if the paternity of the deceased cannot be determined from the population records, if the population records are not clear enough, or if there is a will, the certificate of inheritance can only be obtained from the Civil Court of Peace.
Documents Required for Certificate of Inheritance
1-Person’s death certificate
2-For example, the population Register
3-Copy of Identity Card
4-Letter of request for a certificate of inheritance
Footnote
A certificate of inheritance or inheritance certificate is an essential document. Errors in requesting the certificate of inheritance or making incorrect objections will cause the heirs to lose their rights and time. For this reason, getting help from an inheritance lawyer who is an expert in the field is extremely important. In our law firm, we offer you professional assistance and follow-up services in the field of inheritance law.
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