Certificate of Inheritance (Succession Document): What It Is, How and Where to Obtain It

The Certificate of Inheritance, also known as the Succession Document (Veraset İlamı), is a crucial official document that determines the legal status and inheritance shares of the heirs following the death of the deceased (the muris). This document is mandatory for heirs to exercise disposition over assets belonging to the deceased, such as bank accounts, real estate, and vehicles, and to assert claims against third parties.

According to the Turkish Civil Code (TCC/TMK) provisions, the right of inheritance passes automatically to the heirs upon the death of the deceased, without the need for any constitutive legal act, under the principle of universal succession (TCC Article 599). However, this legal status must be formalized and proven by obtaining the Certificate of Inheritance.

I. What is the Certificate of Inheritance (Succession Document)?

The Certificate of Inheritance is a document issued by competent authorities which indicates who the heirs are and what their respective shares in the inherited property are. It is a declaratory (izhari) document. This document is not a constitutive act that gives rise to the right of inheritance; rather, it is an instrument that proves the pre-existing right to official institutions and third parties.

The definition and procedure for issuing the Certificate of Inheritance are clearly regulated by Article 598 of the Turkish Civil Code. The text of the Article states:

Turkish Civil Code Article 598:

"Upon application, a document showing the status of the heir shall be issued by the court of peace (Sulh Hukuk Mahkemesi) or by a notary public to those determined to be legal heirs.

...

The invalidity of the Certificate of Inheritance may be claimed at any time. The right to file a lawsuit for the annulment of a testamentary disposition is reserved."

Pursuant to this article, the primary function of the Succession Document is to officially determine the status of both legal and appointed heirs. Since the document's nature is declaratory, its invalidity can always be claimed, meaning it can be subject to an annulment lawsuit at any time.

II. Why is the Certificate of Inheritance Obtained and Who May Apply?

The Certificate of Inheritance is essential not only for the internal distribution among heirs but also for the transfer and safeguarding of inherited assets. Land Registry Offices, banks, and other financial institutions mandatorily require this document when any transaction is requested regarding the deceased's assets. Furthermore, the Certificate of Inheritance is necessary to prove heirship status before initiating inheritance-related lawsuits such as suits for dissolution of co-ownership (izale-i şüyu), fraudulent disposition by the deceased (muris muvazaası), or suits for abatement (tenkis).

A. Persons Entitled to Apply

Persons who may apply for the Certificate of Inheritance fall into two main categories:

• Legal and Appointed Heirs: Those who are legal heirs under the TCC provisions (blood relatives, surviving spouse, adopted children) and those who are appointed heirs through a testamentary disposition such as a will or inheritance contract prepared by the deceased.

• Creditors and Right Holders: Creditors who have claims against the deceased and need to direct their claims against the heirs (establish standing or husumet) may also apply to the court for the issuance of the Succession Document.

B. Required Documents for Application

To ensure the swift progression of the Succession Document process, it is highly recommended that the following essential documents are prepared before application:

• The Death Certificate of the deceased.

• Official Population Registration Samples (Nüfus Kayıt Örnekleri) showing the complete line of kinship between the deceased and the heirs (usually obtained via e-Devlet or the relevant Directorate of Population).

• A copy of the applicant heir's Identity Document.

• The Petition for the Succession Document (mandatory for court applications).

III. How and Where is the Certificate of Inheritance Obtained?

In the Turkish legal system, the Certificate of Inheritance can be obtained through two competent authorities: the Notary Public and the Civil Courts Of Peace (Sulh Hukuk Mahkemesi).

A. Obtaining the Certificate via Notary Public

The authority granted to Notary Public offices has enabled heirs to obtain the Certificate of Inheritance more practically and quickly. Heirs may apply to any notary public with the required documents.

However, notaries do not have the authority to issue the document in every situation. Notaries can only issue the certificate in cases where the heirship status is clear and uncontested, and the kinship can be easily determined from the registry records.

Primary Circumstances Where the Notary Cannot Issue the Document:

Notaries are limited to examining records available under Law No. 5490 (Population Services Act). In the event of complex situations, they cannot issue the certificate and must direct the heirs to the court:

• Cases where the line of kinship cannot be clearly established from the population records (e.g., missing or erroneous entries).

• The existence of a testamentary disposition (will or inheritance contract) made by the deceased. Since this alters the legal shares, the investigation must be conducted by the court.

• The presence of foreign national heirs among the beneficiaries.

• Cases requiring extensive investigation, such as expert examination or hearing witnesses, to establish the heirship status.

In these circumstances, heirs must pursue the process through the court to prevent the loss of rights, even after receiving a rejection from the notary.

B. Obtaining the Certificate via Application to the Court of Peace

In situations where the notary cannot issue the document or where there is a dispute among the heirs, applicants must apply to the competent Court of Peace. This application is classified as a matter of non-contentious jurisdiction under the Code of Civil Procedure (HMK Law No. 6100).

Competent and Authorized Jurisdiction:

The competent and authorized courts for Certificate of Inheritance applications are determined by TCC Article 598 and HMK Article 383:

• Competent Court (Görevli Mahkeme): The court responsible for issuing the Certificate of Inheritance in non-contentious matters is the Civil Courts Of Peace (Sulh Hukuk Mahkemesi).

• Authorized Court (Yetkili Mahkeme): Pursuant to HMK Article 11, the authorized court is the Civil Courts Of Peace of the deceased's last domicile or the Court of Peace of any of the heirs' places of residence.

The court, upon application, investigates the necessary population records and any existing wills ex officio (res'en / on its own motion) and examines all evidence to definitively determine the identities of the heirs and their inheritance shares, subsequently issuing the certificate.

IV. Conclusion and Recommendations

The Certificate of Inheritance (Succession Document) constitutes the starting point for all legal transactions concerning inheritance, serving as indispensable proof of legal heirship status. While Notary Public offices and Civil Courts Of Peace are the authorized authorities for obtaining this document, the Notary route is generally preferred for its practicality. However, resorting to the judicial process is mandatory when the legal situation is complex.

Given that the application to the court, even though non-contentious, requires proper application of procedural rules and that contentious procedures (such as annulment suits) may arise, it is highly recommended that a specialized inheritance lawyer be consulted. Professional legal assistance is paramount to prevent potential loss of rights and to ensure the process is conducted correctly, swiftly, and efficiently.