Certificate of Inheritance (Probate Certificate) — How to Obtain It and Its Cancellation

What is a certificate of inheritance (probate certificate), how is it obtained from a notary or the court under TMK Art. 598, what documents are required, how does the cancellation action work, and what about inheritance and transfer tax? A comprehensive legal guide.

What Is a Certificate of Inheritance (Probate Certificate)?

A certificate of inheritance, popularly known as a “probate certificate”, is an official document showing who the heirs are and each heir's share of the estate. Under Article 598 of the Turkish Civil Code No. 4721, statutory or appointed heirs may request a document evidencing their status as heirs. This document is a fundamental instrument enabling heirs to exercise their rights over the estate in official transactions.

A certificate of inheritance is required for many transactions relating to an estate. Heirs must produce a certificate of inheritance in order to transfer immovable property, transfer bank accounts, register vehicles, transfer company shares and carry out other asset transactions. Without the certificate it is in practice impossible for heirs to exercise their rights over the estate or to deal with third parties.

It is important to understand the legal nature of the certificate of inheritance. It does not have the force of res judicata; the contrary may always be proved. In other words, it may always be alleged that the persons shown in the certificate are not heirs, or that persons not shown are heirs, and such an allegation may be established by an action. This feature forms the legal basis of the action to cancel a certificate of inheritance.

Where Is a Certificate of Inheritance Obtained?

A certificate of inheritance may be obtained from the civil court of peace or from a notary. A notary will not issue the certificate, and will direct the applicant to the court, where the civil registry records are insufficient, where there is a foreign element, or where the application requires adjudication. The existence of an adoption or a will is not of itself an automatic bar to the notary's competence in every case; what matters is whether the records and the status of heirs can be determined without contention.

Issuing the certificate is a matter of non-contentious jurisdiction. The court's venue should not be reduced to the deceased's last place of residence alone; the general non-contentious jurisdiction rule in HMK Art. 384 and the special provisions on succession must be applied according to the particular application.

What Documents Are Required for a Certificate of Inheritance?

Identity documents and an application petition are the basic requirements; civil registry records are for the most part examined through the MERNİS system. Foreign records, proof of descent, an apostille or consular certification and translations may be requested in a particular case. A closed list stating that “no document other than the original or a notarised copy will be accepted” does not reflect current electronic verification practice. The processing time varies according to the clarity of the records and whether adjudication is required.

How Is a Certificate of Inheritance Drawn Up?

The notary or the civil court of peace examines the civil registry and descent records and determines the statutory or appointed heirs and their shares. The notary directs the application to the court where the records are insufficient to draw up the certificate, where there is a foreign element, or where adjudication is required. An allegation of a will, an adoption or disinheritance does not produce the same result in every case; it is assessed according to the records and the nature of the dispute. The issuing of the certificate by a court is a matter of non-contentious jurisdiction; a dispute as to cancellation or the determination of the true heirs may be a separate action to which the interested persons are parties. No guarantee of “the same day” or “a few weeks” can be given. The certificate shows the heirs' identities, their relationship to the deceased and their fractional shares; it does not constitute res judicata in the substantive sense.

Action to Cancel a Certificate of Inheritance

The certificate does not constitute res judicata in the substantive sense. Where the status of an heir or a share is incorrect, an interested person with a legal interest may seek cancellation and a determination of the true position as to succession. The parties are properly identified as the heirs named in the certificate and any other persons alleged to be entitled. Subject-matter jurisdiction and venue are determined according to whether the certificate came from a court or a notary and whether the dispute is a purely non-contentious correction or an inheritance action; it is not the case that “anyone may bring an action without limit”.

Inheritance and Transfer Tax

Under Art. 9 of the Inheritance and Transfer Tax Law, the declaration is filed within four months where the death occurred in Türkiye and the taxpayer is in Türkiye, and six months where the taxpayer is abroad; where the death occurred abroad, within four months if the taxpayer is in the same country, eight months if in another foreign country, and six months if in Türkiye. The exemption and the tariff must be checked against the current communiqué for the year of death; an outdated fixed amount is not used. Full payment of the tax is not in every case a precondition for the land registry transfer. Article 17 of the Law, on clearance, security and withholding, applies together with the land registry administration's electronic tax enquiry.

Transfer of Immovable Property

One of the heirs may request registration in joint ownership on behalf of all the heirs. Conversion to co-ownership in shares, or division, may require the concurrence of all the heirs, the procedure under TMK Art. 644, or a court order. The land registry office verifies the certificate of inheritance, identity and representation details and tax information through current electronic systems.

Special Situations in Certificates of Inheritance

A statutory heir who renounces the inheritance is treated as though they had not been alive when the succession opened; whether the share passes to their descendants or to the other heirs depends on the system of degrees and on special provisions such as renunciation by all the nearest heirs. In an estate with a foreign element, under MÖHUK Art. 20 succession is as a rule governed by the deceased's national law, while immovables in Türkiye are governed by Turkish law. The recognition of foreign wills and certificates of inheritance, and questions of form and public policy, are examined separately.

Uses of the Certificate of Inheritance

A certificate of inheritance may be used for land registry transfers, bank and investment accounts, vehicle and trade registry transactions, social security applications, and to evidence the status of heir in enforcement proceedings and court files. Each institution may require electronic verification of the certificate, the original or a duly certified copy, depending on the nature of the transaction; there is no invariable rule that “a photocopy will never be accepted”.

The certificate has no fixed period of validity; however, where its content ceases to reflect the true position — because a new heir has emerged, because of the effect of descent or a will, or because the certificate has been cancelled — a new or corrected certificate is required.

Points to Bear in Mind in Certificate of Inheritance Matters

Civil registry and descent records, any will or inheritance agreement, adoption and foreign documents should be examined before the application, according to the particular file. The calculation of shares in the certificate should be checked against the position of the surviving spouse, the descendants, the parental line and the other categories of succession.

The inheritance and transfer tax declaration is filed within the specific four-, six- or eight-month period in Art. 9 of the Inheritance and Transfer Tax Law. It cannot be said that the land registry transfer cannot be made until the whole tax has been paid; the provisions of Art. 17 on clearance, security and withholding, and the institution's electronic practice, are taken into account. In a file involving a foreign element, contested descent or a will, the notary and court routes must be determined separately.

Frequently Asked Questions

Can the certificate always be obtained from a notary?

No; where there is a foreign element, insufficient records or a need for adjudication, the court is required.

Must all the heirs apply together for a land registry transfer?

One heir may request registration in joint ownership on behalf of all the heirs.

Is the tax declaration period always four months?

No; it is four, six or eight months depending on the place of death and of the taxpayer.

Which law applies to an estate with a foreign element?

As a rule the deceased's national law; Turkish law for immovables in Türkiye.