When a person dies, their estate passes to their statutory and appointed heirs. The document that officially shows who the heirs are and what their inheritance shares are is the certificate of inheritance, commonly known in Turkish as the veraset ilamı. This document is required to release bank accounts, transfer title to real property, transfer vehicles and file the inheritance tax return.
Obtaining it from a notary
Where civil registry records are clear and consistent, a certificate of inheritance can be obtained from a notary public on the same day. It is enough for any one of the heirs to apply with their identity document. The notary identifies the heirs through the civil registry system and issues the certificate.
Obtaining it from a court
In the following cases, a notary cannot issue the certificate and the application must be made to the civil court of peace:
- One of the heirs is a foreign national
- There is a dispute concerning adoption or the establishment of parentage
- The civil registry records are incomplete or contradictory
- An heir has been appointed by a will or an inheritance contract
- One of the heirs has been declared absent by court order
The court application is a non-contentious proceeding. No opposing party is named, and the matter is usually concluded in a single hearing. The death certificate, a civil registry extract and any will are attached to the petition.
Challenging and annulling the certificate
A certificate of inheritance creates a presumption that stands until proven otherwise. It does not have res judicata effect. A person who is not listed in the certificate, or who believes their share has been stated incorrectly, may file an action for annulment of the certificate of inheritance and issuance of a new certificate. This is a contentious proceeding, and the other heirs are named as defendants.
After obtaining the certificate
Heirs must file the inheritance and transfer tax return within four months of the date of death. If the estate's debts exceed its assets, an application for renunciation of inheritance may be made to the civil court of peace within three months of learning of the death. For real property that cannot be divided by agreement, a partition action may be filed.