For inheritance procedures to be carried out after a person’s death, it must first be officially established who the heirs are. The basic legal document used at this point is the certificate of inheritance (veraset ilamı), also called “mirasçılık belgesi”.

The certificate of inheritance is an official document showing the heirs left behind after a person’s death and their shares in the inheritance. A certificate of inheritance may be needed for land registry transactions, bank applications, vehicle transfers and many other official procedures.

The certificate of inheritance does not on its own create the right to inherit. However, by showing who the heirs are and in what proportions they share in the inheritance, it forms the legal basis of the inheritance process.

What Is a Certificate of Inheritance?

A certificate of inheritance is an official document showing the people who became heirs on the death of the deceased.

The document states who the heirs are and the proportions of their inheritance shares. In this way, third parties and official institutions can determine who is entitled to act in inheritance procedures.

The certificate of inheritance is an important step, especially for the transfer of inherited property, transactions involving bank accounts and official applications.

Where Is a Certificate of Inheritance Obtained?

There are different ways of applying for a certificate of inheritance. In Turkish law, a certificate of inheritance can, as a rule, be obtained from the civil courts of peace (sulh hukuk mahkemesi) or from notaries.

Notaries can issue a certificate of inheritance where the necessary conditions are met. However, in some cases the procedure cannot be carried out through a notary and an application to the court may be necessary.

Court proceedings may arise, in particular, where the inheritance relationship is complex, where there is a foreign element or where there is doubt in the civil registry records.

Obtaining a Certificate of Inheritance from a Notary

Where the conditions are suitable, applying to a notary is one of the quickest ways of obtaining a certificate of inheritance.

In the notary’s examination, the inheritance relationship is assessed on the basis of the civil registry records. If the legal conditions are met, a certificate of inheritance can be issued.

However, not every inheritance relationship can be concluded by a notary. If there is a legal problem in identifying the heirs or special circumstances arise, a court decision may be needed.

Obtaining a Certificate of Inheritance from the Civil Court of Peace

A certificate of inheritance can also be obtained by applying to the civil court of peace.

In the court proceedings, the family relationship between the deceased and the heirs, the civil registry records and other necessary documents are assessed.

As a result of the court’s examination, the heirs and their inheritance shares are determined and a certificate of inheritance is issued.

Can a Certificate of Inheritance Be Obtained Through e-Devlet?

Although many official procedures can now be followed on digital platforms, it is not possible in every case to create a certificate of inheritance directly and solely through e-Devlet (the Turkish e-Government portal).

Some queries about existing certificates of inheritance can be made, or access to related services can be obtained, through the e-Devlet system. However, a notary or court procedure may be required to obtain a new certificate of inheritance.

Documents Required for a Certificate of Inheritance

The main purpose of the application for a certificate of inheritance is to identify the heirs correctly.

During the application, the deceased’s death details, identity details and records showing the inheritance relationship are usually assessed.

However, the documents required may vary according to the particular features of the inheritance relationship. A more comprehensive examination may be needed, especially in files with a connection to a foreign country or involving special circumstances regarding descent.

Is There a Time Limit for Obtaining a Certificate of Inheritance?

There is no mandatory application period set by law for obtaining a certificate of inheritance.

However, since a certificate of inheritance is usually needed to carry out inheritance procedures, it is important to obtain this document after the death so that the procedures are not delayed.

Especially if a property transfer, bank transactions or division of the inheritance is to take place, obtaining the certificate of inheritance in good time allows the process to run more smoothly.

What Procedures Can Be Carried Out with a Certificate of Inheritance?

The certificate of inheritance is used to show that the heirs are entitled in official procedures.

With this document, the transfer of inherited property, transactions involving bank accounts, vehicle transfers, company shares and other asset transactions can be carried out.

However, the certificate of inheritance only shows the status of heir. How the inheritance will be divided, or how disputes between the heirs will be resolved, is assessed separately.

Does a Certificate of Inheritance Mean the Inheritance Has Been Divided?

One of the common misconceptions in practice is the belief that obtaining a certificate of inheritance means the division of the inheritance has been completed.

In fact, the certificate of inheritance is only a document showing who the heirs are. Which assets of the estate go to which heir, and how, is determined separately through a partition agreement or the necessary legal procedures.

If there is disagreement between the heirs, the division process can be resolved through different legal routes.

Can a Certificate of Inheritance Be Challenged?

If it is believed that the heirs are shown incorrectly in the certificate of inheritance or that the inheritance shares were determined wrongly, legal remedies may be available.

The certificate of inheritance may need to be reassessed, in particular because of disputes about descent, heirs who come to light later or incomplete information.

The Certificate of Inheritance Process in Foreign Countries

Where the deceased or the heirs are in a foreign country, inheritance procedures may become more complex.

Where foreign nationality, assets located abroad or international inheritance relationships are involved, the rules on the applicable law must be assessed separately.

The Importance of the Certificate of Inheritance in Inheritance Law

The certificate of inheritance is one of the starting points of the inheritance process. Identifying who the heirs are is important so that all subsequent procedures are carried out by the right people.

However, not every inheritance relationship has the same features. It is necessary to act after assessing together the number of heirs, the nature of the assets, family relationships and past transactions.

Choosing the Right Legal Route in Inheritance Procedures

Obtaining a certificate of inheritance is one of the first official steps in the inheritance process. However, inheritance procedures are often not limited to this document.

The division of the inheritance, the carrying out of a will, reserved share (saklı pay) rights or disputes between heirs may require a separate legal assessment.

For this reason, it is important for preventing loss of rights that every step in the inheritance process is planned taking into account the particular facts of the case.