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What Is Inheritance Certificate (Inheritance Declaration)?

What Is Inheritance Certificate (Inheritance Declaration)?

The certificate of inheritance does not conclusively establish the existence of the inheritance right of the heirs. The invalidity of the certificate of inheritance can be claimed at any time. However, it remains valid until proven otherwise.

The certificate of inheritance explains not only the person making the request, but also all the heirs and the shares of the heirs on the estate. After the opening of the will, a certificate of inheritance is also issued to the legal heirs upon request.

In the certificate of inheritance, along with the legal heirs, the appointed heirs must also be shown by mentioning the will.

The appointed heir has the right to receive a certificate of inheritance, and the document to be given to the testament creditor only states that that person is the testament creditor. Persons who are appointed heirs with the inheritance contract have the same rights as legal heirs.

Where to Obtain a Certificate of Inheritance?

The certificate of inheritance is a document that can be requested after the death of the heir and can be obtained from the Civil Court of Peace in the place of residence of one of the heirs or from all notaries in Turkey.

Who Can Request?

– Legal heirs; blood relatives, surviving spouse, adoption, state (if there is no legal heir)

– Appointed heirs; heirs appointed by will and inheritance contract

– Testamentary creditors; When the heir makes a testamentary gain without appointing an heir

– Creditors of the heir or the heiress; creditors of the heir or the heiress by court or execution office decision

– In cases of disinheritance, disinheritance, disinheritance, refusal of inheritance or renunciation of inheritance, these persons.

What are the Conditions for Requesting a Certificate of Inheritance?

In order to request the document, a number of conditions must be met, these conditions;

– The heir is dead or absenteeism has been decided

– Being one of the persons who can request a certificate of inheritance above, provided that they are alive, capable of inheritance and not deprived of inheritance

– Knowing all heirs

– Failure of those who have the right to object to object within one month from the notification of the death-dependent act regarding the appointment of heir or will.

 

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