How to Obtain a Certificate of Inheritance in Turkey

A certificate of inheritance is the official document establishing who inherits and in what proportions following a person's death, and is generally the first document needed to transfer inherited assets such as bank accounts and land registry records.

Legal Basis for the Certificate of Inheritance

Under Article 598 of Turkish Civil Code No. 4721, the document evidencing heir status is issued, upon request, by the civil court of first instance or by a notary. This document serves as a rebuttable presumption of heir status until proven otherwise.

Obtaining a Certificate of Inheritance From a Notary

In ordinary cases where civil registry records are clear and complete, it is sufficient for just one of the heirs to apply to any notary with identification; all heirs do not need to apply together. The notary checks the civil registry records through the MERNIS system to identify the heirs and their shares, and generally issues the document the same day.

Cases Requiring a Court Application

Where a foreign element is present (the deceased or one of the heirs holds foreign nationality), a will or inheritance contract exists, there is uncertainty in establishing parentage, or civil registry records are inadequate or conflicting, the certificate of inheritance can only be obtained from the civil court of first instance; in these cases, the application is made to the court of the deceased's last place of residence.

Uses of the Document

The certificate of inheritance is used to withdraw balances from bank accounts, register the transfer of title in the land registry, transfer vehicle ownership, transfer company shares, and prove heir status in inheritance-related lawsuits and enforcement proceedings.

Challenging a Certificate of Inheritance

An interested party who believes the certificate of inheritance was issued incorrectly (for example, an heir was omitted or shares were miscalculated) may file an action to annul the certificate before the civil court of first instance; this action is not subject to any time limit.

Practical Recommendations

Check in advance whether there are any deficiencies or inconsistencies in the civil registry records; if there is no complication such as a foreign element or a will, you can obtain the document quickly and at low cost through a notary.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.