What is a Certificate of Inheritance? | Certificate of Inheritance | Lawyer in Izmir | Inheritance Lawyer
Certificate of inheritance, Civil code This is regulated in Article 598. Upon the death of the testator, a document is issued to the legal or appointed heirs, upon their request, stating who the heirs are and in what proportions. This document is called a certificate of inheritance or heirship certificate.
Documents Required to Obtain a Certificate of Inheritance
- Identity register copy,
- Death certificate and
- A certificate of inheritance application is required..
The validity period of a certificate of inheritance is not limited to a specific time. As long as the inheritance status remains unchanged and no objection is raised against the certificate of inheritance, it remains valid.
Inheritance certificates issued by notaries or civil courts can, in some cases, only be obtained from the courts. (For example, if the heir lives abroad or is a foreigner, an inheritance certificate cannot be obtained from a notary. If there is a dispute or confusion regarding the transfer of the inheritance or its distribution, an inheritance certificate cannot be obtained from a notary.)
The certificate of inheritance, a legal document showing the distribution of the estate after death, reveals the shares of the heirs and, consequently, their responsibilities.
The heirs of the deceased who have not renounced their inheritance are jointly and severally liable for all debts and liabilities without limitation.
From a tax law perspective, the heirs of the taxpayer are liable for the tax debts in proportion to their shares.
Who can apply for a Certificate of Inheritance?
The certificate of inheritance must be obtained within a certain period following the death of the testator. This period must fall within the time limit for rejecting the inheritance. (For time limits and other information regarding the rejection of inheritance, see...) From here, we will continue our relevant study. You can reach us.
Those who can apply for the document during this process are as follows:
- Legal Heirs:
- The surviving spouse, blood relatives, and adopted child of the deceased are considered legal heirs. If a person has no legal heirs, the inheritance is deemed to pass to the state.
- Designated Heirs:
- In addition to legal heirs, certificates of inheritance are also issued for appointed heirs. These individuals are those designated by a will or inheritance agreement, whom the deceased intended to benefit from their inheritance. They are entitled to the inheritance even if they are not related to the deceased by blood.
- Creditors of the Deceased or Heir:
- Sometimes, creditors may apply for a certificate of inheritance due to the debts of the deceased or an heir. This allows them to recover their debts. A court order or an enforcement office order is required for this.
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