What is an Inheritance Certificate (Veraset İlamı)?
An inheritance certificate (veraset ilamı) is an official document that shows the heirs of the deceased and their respective shares. Heirs must present the inheritance certificate to relevant institutions and organizations to manage the inherited assets. Therefore, the first step for an heir to manage the inherited assets after the deceased’s death is to obtain an inheritance certificate.
To obtain an inheritance certificate, it is sufficient for only one of the heirs to apply. The inheritance certificate issued upon request specifies each heir’s share individually. It is not necessary for all heirs to act together; the person requesting the inheritance certificate can apply without needing the consent of the other heirs.
Anyone who believes they are an heir can apply for an inheritance certificate at notaries or civil courts. As stated in Article 598/1 of the Turkish Civil Code, “A document indicating their status as legal heirs is issued by the civil court or notary public to those determined as legal heirs upon their application.”
To request an inheritance certificate, the deceased must be dead or declared missing. Additionally, requests must be made by persons authorized to make such requests. According to Article 598/2 of the Civil Code, “A document showing the appointed heir or legatee is issued by the civil court unless an objection is raised within one month from the notification of the inheritance appointment or testamentary disposition to the heirs or other legatees.” Therefore, appointed heirs and legatees must not have raised any objections within one month to obtain an inheritance certificate.
An inheritance certificate can be obtained personally or through the person’s lawyer from the notary. However, if at least one of the heirs is a foreign national, the notary cannot issue the certificate. In such cases, the inheritance certificate can only be obtained from the Civil Court. Additionally, if the lineage of the deceased cannot be determined from the population records, if the records are unclear, or if there is a testament, the inheritance certificate can only be obtained from the Civil Court.
Documents Required for an Inheritance Certificate:
- Death certificate
- Population record excerpt
- Copy of the identity card
- Application petition for the inheritance certificate
Note:
The inheritance certificate or inheritance document is a crucial document. Mistakes in applying for the inheritance certificate or errors in objections can result in loss of rights and time for the heirs. Therefore, it is very important to seek assistance from a specialist inheritance lawyer. Our law firm provides professional assistance and follow-up services in the field of inheritance law.
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