Certificate of Inheritance

Inheritance Certificate, commonly known as the succession order, is an official document that identifies the legal or designated heirs of a deceased person and specifies the proportion of the estate each heir is entitled to. This document enables heirs to prove their rights to the estate against third parties and serves as the primary instrument for conducting legal and financial transactions related to the estate, such as banking procedures and property transfers.

Obtaining the Document and Competent Authorities

According to Article 598 of the Turkish Civil Code (TCC), the inheritance certificate is issued by a peace civil court or a notary public upon the application of the legal heirs. This means that heirs have the right to choose between these two competent authorities.

The process of issuing the document may vary depending on the type of heir:

• Legal Heirs: Upon application, a document confirming their status as legal heirs is issued to those determined as such by the peace court or notary public.

• Designated Heirs and Beneficiaries of a Will: In cases where a testamentary disposition—such as a designation of heir or a will—exists, if no objection is raised by other heirs or beneficiaries within one month of being notified, the peace court issues a document confirming the designated heir or beneficiary as entitled under the testamentary disposition.

Legal Nature and Consequences

The inheritance certificate is not a court ruling that definitively establishes who the heirs are or carries the force of a conclusive evidentiary judgment. Instead, it establishes a rebuttable presumption that remains valid until proven otherwise. The key legal characteristics of this document are as follows:

• Evidentiary Function: The certificate constitutes strong evidence proving the heir’s status. Institutions and organizations handling matters related to the estate are required to act on the basis of this document.

• Challengeability: The validity of the inheritance certificate can always be challenged if it contains information contrary to the facts. For instance, if a previously unlisted heir emerges or a later will is discovered, it may be claimed that the certificate does not reflect the true situation.

• Preservation of Other Legal Rights: The issuance of an inheritance certificate does not extinguish the right to initiate legal proceedings to annul or reduce testamentary dispositions (such as a will or inheritance contract) or to protect reserved shares. Heirs may still pursue legal remedies alleging that the deceased’s dispositions were invalid or infringed upon their reserved shares, even after obtaining the certificate.