What is an Inheritance Certificate? An inheritance certificate is a document that indicates who can be an heir upon the death of the deceased. According to Article 598 of the Turkish Civil Code, “Upon application, those who are determined to be legal heirs are provided with a document indicating their status as heirs by the peace court or notary.” However, foreign nationals need to obtain an inheritance certificate from the court.
An inheritance certificate is a document that proves one’s status as an heir. It serves as evidence and is required in inheritance and property transfer procedures. Without an inheritance certificate, it cannot be determined whether someone has the status of an heir. If the inheritance certificate is to be obtained by proxy, special authorization is necessary. Proxy transactions cannot be conducted without specific authorization.
How to Obtain an Inheritance Certificate? To obtain an inheritance certificate, it is necessary to acquire official records, such as birth certificates or court-issued documents, demonstrating the genetic relationship with the deceased, issued by the courts or civil registry offices in the country of citizenship. Next, an application should be made to the Peace Civil Court to request the issuance of an inheritance certificate, followed by applying to the Land Registry Offices with this document. Documents such as wills prepared in accordance with the laws of foreign countries are not accepted by Turkish courts in accordance with the decisions of the Court of Cassation. Therefore, a certificate of inheritance is obtained from Turkish courts according to Turkish law. Documents Required for Registration of Movable or Immovable Property:
- Identity card with a recent passport-sized photograph
- Death certificate (with an apostille endorsement if issued in a foreign country) and inheritance certificate
- Birth certificate and marriage certificate (if applicable)
- Copy of the civil registry records (depending on whether the country of citizenship issues such records)
- Declaration of transfer to be obtained by presenting the death certificate at the Tax Office, along with proof of termination of tax liability
- All required documents and any additional documents requested by the Land Registry Office should be submitted.
- A new title deed indicating the new heirs should be obtained for the immovable property.
If transactions are to be carried out at the Land Registry Office or the Tax Office through a power of attorney, separate authorization is required for each transaction (e.g., the power of attorney should specifically mention the inheritance transfer procedure).
Is the consent and signature of all heirs required for transfer transactions? For the transfer of immovable property, the consent and signature of all heirs are not required. A single person can perform the inheritance procedures and make an individual application to the Land Registry Office.
How is the transfer fee charged for the transfer of immovable property? If the property is not subject to any specific fees according to Law No. 492, the only fee that needs to be paid is the property tax if there is any outstanding tax debt on the property. To determine this, a request should be made to the local municipality for a statement of the appraised value. After obtaining a document from the tax office confirming the termination of the inheritance and transfer tax relationship, the Land Registry Office should be visited. The Land Registry Office will only request a revolving capital fee.
Once all these procedures are correctly completed, the Land Registry Offices will issue new title deeds to the heirs.
