The Certificate of Inheritance is a document that determines the heirs. This document is an official document showing who the heirs are after a person's death and how much their shares of the inheritance are, and it is necessary to carry out transactions related to the assets of the deceased. The Certificate of Inheritance, also known as "veraset ilamı/mirasçılık belgesi" in Turkish, is regulated under Article 598 of the Turkish Civil Code.
What is the Purpose of the Certificate of Inheritance?
The Certificate of Inheritance, is a necessary document for the distribution of the deceased's assets. Without the Certificate of Inheritance, heirs cannot conduct any transactions related to the deceased's assets. The Certificate of Inheritance determines the following rights and obligations of the heirs:
· Being responsible for the debts of the deceased
· Collecting the receivables of the deceased
· Preserving and managing the assets of the deceased
· Distributing or transferring the assets of the deceased
Who Can Request a Certificate of Inheritance?
According to the first paragraph of Article 598 of the Turkish Civil Code, a Certificate of Inheritance may be issued to legal heirs. Designated heirs have the right to request a Certificate of Inheritance. According to decisions of the Court of Cassation, creditors of the deceased can also obtain a Certificate of Inheritance on behalf of the heirs; they can ensure the identification of heirs for the purpose of securing their claims. Since the Certificate of Inheritance is a document obtained from the court through contentious proceedings, without designating any adversary in the lawsuit, the presence and request of a single heir are sufficient. It is not necessary for all heirs to request a certificate of inheritance.
Scope of the Certificate of Inheritance
The Certificate of Inheritance is a document that determines the heirs. Therefore, in the Certificate of Inheritance, not only the inheritance rights of the requester but also the inheritance shares of other known heirs by the court must be indicated.
Nature and Functions of the Certificate of Inheritance
The Certificate of Inheritance is a document that demonstrates and proves one's status as an heir, constituting a presumption of inheritance in favor of the individual for whom it is issued; until proven otherwise, this individual is considered an heir. Although serving as evidence of inheritance, the Certificate of Inheritance, being a document for proving inheritance, does not constitute conclusive evidence. Other heirs can always dispute and prove otherwise. As the Certificate of Inheritance establishes a presumption of inheritance in favor of the recipient, until proven otherwise, it confers inheritance rights and powers upon that individual. However, anyone contesting this presumption can render the Certificate of Inheritance void by proving otherwise.
Upon obtaining the Certificate of Inheritance, the heir has the authority, depending on possession of the estate assets, to claim and collect debts of the estate, carry out registration procedures for immovable properties within the estate, and perform other relevant transactions. As emphasized in a decision of the Court of Cassation, for an heir to exercise the rights passed on from the deceased, it is necessary to present the Certificate of Inheritance. Similarly, the presentation of the Certificate of Inheritance is a requirement for any transfer process to be executed at the land registry.
How to Obtain a Certificate of Inheritance?
The lawsuit for obtaining a Certificate of Inheritance can be filed either at the last residence court of the deceased or at the court where the heir resides. The competent court for this matter is the Peace Civil Courts. Additionally, with the provisions added by Law No. 6217, amending certain laws for the acceleration of judicial services, to Law No. 1512 on Notaries, Articles 71/A, 71/B, and 71/C stipulate that Notaries may also issue a Certificate of Inheritance under certain conditions.
Cancellation or Correction of the Certificate of Inheritance
Since the Certificate of Inheritance is a document issued by the court through non-contentious proceedings, a person who is not a party to the case can apply to the Peace Civil Court to request the cancellation of the inheritance certificate by providing contrary claims and evidence. The lawsuit for the cancellation of the Certificate of Inheritance can be filed either at the court that issued the certificate or at another Peace Civil Court. Alternatively, instead of seeking the cancellation of the Certificate of Inheritance, a request and lawsuit for its correction can be initiated. In a lawsuit for the cancellation or correction of the Certificate of Inheritance, claims can be proven with any kind of evidence.
If the court decides to cancel or correct the Certificate of Inheritance, the transactions carried out by the individual based on this document, especially the registrations in the land registry, must be corrected accordingly; however, the rights acquired by third parties in good faith remain unaffected.
The Certificate of Inheritance is regulated in Article 598 of the Turkish Civil Code and is formulated as a single provision. The lack of sufficient provisions in our Law regarding the Certificate of Inheritance may lead to difficulties in practice. Therefore, it is advisable to seek assistance from a specialized lawyer for the preparation of the Certificate of Inheritance.
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