Certificate of Inheritance (Probate Decree)

An inheritance certificate, commonly known as a "veraset ilamı," is the official document that shows who the heirs of a deceased person are and what share each of them holds in the estate. The answer to the question of how to obtain an inheritance certificate depends on whether the heirship relationship is clearly evident from the civil registry records: if the records are clear, it can be obtained quickly from a notary; in cases that require further examination, an application is made to the civil court of peace (sulh hukuk mahkemesi).

Without this document, a transfer of title cannot be registered at the land registry, bank accounts cannot be accessed, vehicle transfers cannot be completed, and many institutions will not carry out transactions with the heirs. For this reason, the inheritance certificate is usually the first step on the road to dividing the estate.

What is an inheritance certificate and what is its legal nature?

Under Article 598 of the Turkish Civil Code, upon their application, statutory heirs are issued a document showing their capacity as heirs, either by the civil court of peace or by a notary. For heirs appointed by a will and for beneficiaries of legacies, the certificate is issued by the civil court of peace if no objection is raised within one month of the notification of the testamentary disposition to the heirs and other legatees.

The certificate is valid until proven otherwise. In other words, it is not a court judgment that definitively determines heirship, but a presumption; interested parties may request the annulment of the certificate at any time. Because an inheritance certificate is a non-contentious judicial matter, no opposing party is named in the application.

Who are the heirs, and how are the shares determined?

In Turkish law, statutory inheritance is based on the parentelic (degree-group) system. The first group consists of the descendants of the deceased (their children, or if they have died, their grandchildren); the second group consists of the parents and their descendants; and the third group consists of the grandparents and their descendants. If there is an heir in an earlier group, the later groups cannot inherit.

The surviving spouse is an heir alongside every group, and the spouse's share varies depending on the group with which they inherit (Turkish Civil Code Art. 499):

• One quarter of the estate together with descendants,
• One half of the estate together with the parents' group,
• Three quarters of the estate together with the grandparents' group,
• The entire estate if there are no heirs from these groups.

An adopted child and their descendants inherit in the same way as blood relatives of the adoptive parent (Turkish Civil Code Art. 500). You can make a general calculation of your shares with our inheritance share calculator; however, the result of the tool is for informational purposes only.

Notary or court?

If the heirship relationship is clearly evident from the civil registry records, one of the heirs can apply to a notary and obtain the certificate on the same day. Under the Notary Law, however, a notary cannot issue the certificate where issuing it requires a judicial examination, where the civil registry records are insufficient, or where the certificate is requested by foreigners; the relevant regulation also lists requests involving a foreign element among the cases requiring judicial proceedings. In these cases, an application is made to the civil court of peace.

In practice, the main situations that require applying to a court are as follows:

• The certificate being requested by a foreign national, or the request involving a foreign element for another reason,
• Inconsistencies in the civil registry records regarding names, dates of birth, or kinship ties,
• Situations requiring investigation, such as a declaration of absence, a death not reflected in the records, or multiple marriages,
• The existence of heirs appointed by a will.

Application process and required documents

1. Determining where to apply: The status of the records is reviewed, and either a notary or the civil court of peace is chosen.
2. Preparing the documents: The applicant's identity document, the deceased's death record, and civil registry extracts showing the heirship relationship. Courts and notaries mostly access these records electronically.
3. Examination: The court obtains the civil registry records; if it deems necessary, it hears witnesses or writes to the relevant institutions.
4. Issuance of the certificate: The heirs and their shares are indicated in the certificate. All heirs named in the certificate can use it.

One of the heirs can apply alone; the consent of the other heirs is not required. Persons with a legal interest, such as the creditors of the deceased, can also obtain a certificate under certain conditions.

Time limits to watch after obtaining the certificate

Obtaining an inheritance certificate does not mean accepting the inheritance. However, some time limits run independently of the certificate process and must not be missed:

• Renunciation of the inheritance: For statutory heirs, the period is three months from the date they learn of the deceased's death (Turkish Civil Code Art. 606). If the estate is thought to be insolvent, an application must be made to the civil court of peace within this period. For details, see our article on renouncing an inheritance.
• Inheritance and transfer tax return: If the death occurred in Türkiye and the heirs are in Türkiye, the return is filed within four months following the date of death; if the heirs are abroad or the death occurred abroad, the period is different. The exemptions and brackets used in calculating tax amounts are redetermined every year.

How is the estate managed after the certificate is obtained?

If there is more than one heir, until the estate is divided the heirs jointly own all of the rights and debts of the estate as joint owners (Turkish Civil Code Art. 640). During this period, as a rule, the heirs must act together with respect to the estate's assets; for example, a transfer of title can be registered at the land registry, but an individual heir cannot sell on their own. If the heirs agree, a consensual partition agreement can be made; if no agreement is reached, a partition lawsuit or a lawsuit for the dissolution of co-ownership comes into play. At this stage, it is useful to prepare an inventory of the estate, to query bank and land registry records, and to identify the debts.

Annulment of an incorrect inheritance certificate

If an heir is not shown in the certificate, a person who is not an heir is entered in it, or the shares are determined incorrectly, the annulment of the certificate and the issuance of a new one may be requested. In lawsuits for the annulment of an inheritance certificate and the issuance of a new one, in addition to the court of the deceased's last place of residence, the court of the place where each of the heirs resides is also competent (Code of Civil Procedure Art. 11/3). Under the law, the invalidity of the certificate can be asserted at any time. Children born out of wedlock whose lineage was later established, adopted children not shown in the records, and claims of disinheritance are common grounds for annulment lawsuits.

Every case is unique; the family structure, the status of the records, and whether there is a will directly affect the path to be followed. The specific circumstances must be assessed separately.

Our firm's support

We provide support in obtaining the inheritance certificate, conducting the court process in cases requiring correction of records, annulment of the certificate, and planning land registry, bank, and tax procedures after the certificate. Before moving on to the division of the estate, we also assess together with you whether there is common ground for agreement among the heirs. We also provide guidance on the power of attorney and document procedures for heirs living abroad.