When a person dies, almost every step the survivors need to take, such as transferring property at the land registry (tapu), closing a bank account, transferring a vehicle or collecting rental income, begins with a certificate of inheritance (mirasçılık belgesi, commonly called veraset ilamı). This document shows who the heirs are and each heir’s share of the estate.
Who issues it?
Under Turkish Civil Code (TMK) art. 598, the certificate of inheritance is issued by notaries or by civil courts of peace (sulh hukuk mahkemesi). The notary route is usually faster: one of the heirs applies to any notary with their identity document, and the notary prepares the certificate on the basis of the civil registry records.
Cases where a notary cannot issue it
Under Notaries Law art. 71/B, a notary cannot issue the certificate in the following cases, and the application must be made to the civil court of peace:
- If proceedings are required: for example, a claim that there is an heir who does not appear in the civil registry, a situation requiring witnesses to be heard, or the existence of a will.
- If the civil registry records are insufficient: deaths that occurred long ago, confused records, or marriages, divorces or births that took place abroad and were not entered in the records in Türkiye.
- If the certificate is requested by foreigners.
If an heir has been appointed by will or a legacy has been made, the document showing that a person is an appointed heir or a legatee is also issued only by the court of peace. This document is issued if no objection is raised within one month of the disposition being notified to the other heirs (TMK art. 598(2)).
The court procedure
An application to the civil court of peace is a non-contentious matter (çekişmesiz yargı); any one of the heirs may apply alone, and the other heirs do not need to be named as defendants. The court obtains the civil registry records, hears witnesses if necessary and gives its decision. If nothing is missing from the file, the process is short.
A situation often seen in practice is a creditor requesting a certificate of inheritance. A bank or person whose debtor has died may, with authorisation obtained from the enforcement office (icra dairesi), request a certificate of inheritance from the court in order to pursue the debt against the heirs or to attach the debtor’s real estate. In that case, the heirs may only learn that a certificate was obtained through an application other than their own when the enforcement proceedings are served on them.
What if the certificate is wrong?
A certificate of inheritance is valid until the contrary is proven; it does not have the force of a final judgment (res judicata). For this reason, its invalidity can be raised at any time (TMK art. 598(3)). If an heir is not shown in the certificate, the shares are calculated incorrectly, or someone who is not an heir is included in it, a lawsuit for the annulment of the certificate of inheritance can be brought.
Against a certificate issued by a notary, a person whose interests are harmed can object to the civil court of peace (Notaries Law art. 71/C).
Deadlines to watch after obtaining the certificate
Renunciation of the inheritance: three months. If the deceased’s debts exceed their assets, the heirs can renounce the inheritance (mirasın reddi). For statutory heirs, the time limit is three months from the date they learned of the death and that they are heirs (TMK art. 606). Obtaining a certificate of inheritance does not by itself mean accepting the inheritance; however, carrying out acts within this period that go beyond the ordinary administration of the estate (such as selling assets or using money in the accounts) may extinguish the right to renounce (TMK art. 610). If the debt position is unclear, it is advisable to obtain legal support before such transactions.
Inheritance and transfer tax return. If the death occurred in Türkiye and the heirs are in Türkiye, the return is filed within four months of the date of death. A document showing that this return has been filed is also required for transfers at the land registry and for bank transactions.
In brief
- If the civil registry records are clear, there is no will and the heirs are Turkish citizens, a notary is sufficient.
- If there is a problem with the records, a will, a foreign heir or a situation requiring proceedings, the application is made to the civil court of peace.
- An error in the certificate can always be corrected; however, time-limited rights such as renunciation of the inheritance do not wait.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.