This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Veraset İlamı (Mirasçılık Belgesi) Nasıl Alınır?.
A certificate of inheritance can be obtained from two places: a notary or the civil court of peace. Where the population records are clear and the succession is undisputed, a notary is the fastest route; where there is a foreign element, a will, or a dispute among the heirs, only the court can issue it. Without the certificate, no transfer of property, bank account or vehicle can be made.
After losing a relative, a great deal of official business has to be dealt with, and for most of it the first step is a certificate of inheritance — the official document establishing who the legal heirs are and what their shares are, valid against everyone. It is required for transferring title to property, closing bank accounts, changing vehicle registrations and ending pension payments.
Where Is It Obtained?
- The civil court of peace. The most common route. An application is made by petition to the civil court of peace at the deceased's last domicile. No fee is charged, but it can take from a few days to a few weeks. This is the route for complex successions (a foreign connection, children born outside marriage and the like).
- A notary. A certificate can usually be issued more quickly, for a fee, where the population details of all the heirs are clear. The document a notary issues has exactly the same legal effect.
- The e-government portal. For straightforward successions meeting the conditions, an electronic certificate can be obtained online. This works only for simple structures consisting of a spouse and children; complex situations require the court.
| Notary | Civil court of peace | |
|---|---|---|
| Time | Usually the same day | Depends on the court's list |
| When suitable | Records clear, no dispute | In every case |
| Foreign heir or foreign element | Cannot be issued | Can be issued |
| Where there is a will or a contract of succession | Cannot be issued | Can be issued |
| Where the records are incomplete or contradictory | Cannot be issued | Can be issued |
| Effect of the document | The same | The same |
A certificate of inheritance is not res judicata; the contrary can always be proved and its annulment sought.
Which Documents Are Required?
- Identity document of the heir making the application.
- The death certificate or a population register extract showing the date and place of death, obtainable from the population directorate or online.
- A full population register extract showing the deceased's family record including spouse, children and parents. All the heirs must appear on it.
- The marriage certificate or divorce judgment, where relevant.
- A petition to the court requesting the certificate.
The list varies slightly with the court and the circumstances. Additional documents may be required where heirs live abroad, where there are children born outside marriage, or where there are children of an earlier marriage.
Whether to accept or disclaim the inheritance is a separate decision. Where the estate may carry debts, consider exercising the right to disclaim after obtaining the certificate — the period for that is three months from the opening of the succession, and it is a forfeiture period.
Can It Be Obtained Online?
Certain conditions must be met:
- the deceased must have been a Turkish citizen and registered in the population records
- all the heirs must be registered and identifiable; otherwise the system will not process the request
- you log in with e-government credentials or an electronic signature
- the document produced is accepted as valid by banks, land registries and other institutions
The online route suits simple cases with clear heirs such as a spouse and children. Where the deceased had more than one marriage, children born outside marriage, acknowledged or unacknowledged children, or a foreign connection, the court route must be used.
“A certificate of inheritance is the official document showing who the heirs are and what their shares are; it is valid against everyone.”
Turkish Civil Code, Article 598
What Happens Once You Have It?
- Deciding whether to accept or disclaim. Heirs may disclaim within three months of the opening of the succession. That period is a forfeiture period. Where debts are suspected, consider disclaiming or applying for an official inventory of the estate.
- Land registry transactions. The certificate is produced so that title to the deceased's property can be transferred.
- Bank accounts. Banks require it before closing accounts and transferring balances to the heirs.
- Vehicle registration. The registration is changed on application with the certificate.
- Shares and investments. The certificate is produced to the relevant intermediary institution.
A separate obligation should not be overlooked: an inheritance and transfer tax return must be filed within the period the tax legislation prescribes, and it runs independently of the certificate.