What Is A Certificate Of Inheritance? How Is A Certificate Of Inheritance Obtained?
What is a Certificate of Inheritance?
A written document specifying who is entitled to what share of an estate upon the death of an individual is called a “Certificate of Inheritance.” A Certificate of Inheritance is also known as an Inheritance Certificate. In fact, the concept of a Certificate of Inheritance is referred to as an “Inheritance Certificate” in Article 598 of the Civil Code No. 4721.
How is a Certificate of Inheritance Obtained?
There are two ways to obtain a Certificate of Inheritance, also known as an Inheritance Certificate. It can be obtained by applying to the Peace Court or by requesting a certificate of inheritance from a notary public. However, although obtaining a certificate of inheritance from a notary public may seem easier, it is only possible under certain conditions. Accordingly, there must be no foreign element among the heirs. If there is a foreign element among the heirs, the certificate of inheritance can only be obtained from the Peace Courts. In other words, if one of the heirs does not reside in Turkey or is a foreign citizen, a certificate of inheritance cannot be obtained from a notary public.
Concept of Certificate of Inheritance
A certificate of inheritance is a document issued to determine the heirs of the deceased by court decision or through a notary public. To obtain a certificate of inheritance, one must be a legal or appointed heir. For legal heirs, heir status can be proven simply by presenting identification. However, for appointed heirs, proof of heir status must be provided in the presence of a notary or court.
The inheritance certificate or inheritance document clearly states who the heirs are and the shares they will receive from the inheritance. Thus, the heirs become entitled to the movable or immovable property of the deceased in the proportion specified in the inheritance certificate.
It is possible to object to the issued inheritance certificate or inheritance document. There is no statute of limitations for challenging the inheritance certificate under the law. Individuals wishing to challenge the inheritance certificate must file a lawsuit with the court. If no challenge is filed, it is presumed that the heirs have accepted the terms of the inheritance certificate, and the inheritance is distributed according to the specified proportions.