Inheritance Law
This section addresses certificates of inheritance, wills, reduction (tenkis) and testator-collusion actions, and the partition of estates under the Turkish Civil Code.
Certificate of Inheritance: Application to a Notary or to the Civil Court of Peace
Documenting heirship under TMK art.598
How to obtain a certificate of inheritance; notary or court? Required documents, time frames and choosing the correct route.
The certificate of inheritance (formerly known as 'veraset ilamı') is the official document evidencing a person's status as an heir. It is required for many estate-related transactions, including withdrawing bank balances, registering the transfer of real property and motor vehicles, and completing tax procedures.
Legal Basis and Competent Authorities
TMK m.598 provides for proof of heirship through the peace court or a notary. Notarial authority introduced by Law No. 6217 is subject to Articles 71/A–71/B of the Notary Public Act and the implementing regulation. Certificates for appointed heirs or legatees follow the separate procedure in TMK m.598/2.
An heir may, as a rule, apply either to any notary or to the Civil Court of Peace. However, where there is a foreign element, where heirship is disputed, or where civil registry records do not clearly establish heirship, the notary must refuse the application and refer the matter to the Civil Court of Peace.
Application to a Notary
An heir seeking a certificate of inheritance from a notary needs only an identity document together with a death certificate or a civil registry extract. Notary applications are usually concluded on the same day or within a few days, and notarial fees and stamp duties apply per the official tariff.
The notary verifies the data through the MERNİS and KPS systems operated by the General Directorate of Civil Registration and Citizenship Affairs. Accurate and up-to-date civil registry records are therefore essential to the smooth running of the process.
Court Application and the Annulment Action
An application is made to the Civil Court of Peace where there is a will, an adoption, a parentage dispute, or where the deceased held foreign nationality. The court reviews civil registry records and any will, and, if needed, hears witnesses before issuing the certificate.
Where the certificate does not reflect the true position, any person claiming an entitlement may at any time bring an action for annulment of the certificate of inheritance (TMK art.598/3). This action is not subject to any limitation period.
The certificate does not have the force of res judicata; where parentage, adoption or a will is disputed, a separate action may be required.
Practical Considerations
In inheritance disputes, the first step is to clarify the status of the heirs, the scope of the estate and any dispositions on death. Civil-registry records, certificates of inheritance, land-registry records, bank correspondence, the records of the opening of a will and any transfers made by the deceased during their lifetime should be reviewed together.
The time limits and types of action for matters such as reduction, testator collusion, renunciation of inheritance, annulment of a will and inheritance waiver differ from one another. Correctly identifying the date of knowledge, the opening of the estate, the opening of the will and the date of any renunciation declaration prevents the loss of rights.
Because intra-family transactions are often conducted without written documents, bank receipts, the values reflected in the deed, the testator's economic needs, witness accounts and patterns of actual use are particularly important. The earlier the evidence is prepared, the more soundly the legal framework of the dispute can be established.
Statutory Provisions
The Turkish version of this page provides the relevant statutory texts or selected excerpts in Turkish. For the current consolidated legislation, our primary reference is mevzuat.gov.tr ; the Official Gazette and relevant court decisions should also be consulted for amendments, commencement and annulment provisions.
Conclusion
Where matters are straightforward, applying to a notary is significantly faster and cheaper. Where a will, parentage issue or foreign element is involved, applying directly to the court tends to deliver a sounder result.
This article is for information purposes only and does not constitute legal advice. If you would like professional assistance on a specific matter, you may request a consultation.
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