The first document you need in order to begin handling inheritance matters after losing a loved one is the certificate of inheritance. Accessing a bank account, transferring title to real estate, or handling matters with the tax office — all of it starts with this document. In this article, we briefly explain what a certificate of inheritance is, where you can obtain one, and how it can be annulled if it was issued incorrectly.
What Is a Certificate of Inheritance?
A certificate of inheritance — known in Turkish as a veraset ilamı or mirasçılık belgesi — is an official document issued under Article 598 of the Turkish Civil Code that establishes who the legal heirs of a deceased person are and what share of the estate each is entitled to. Heirship itself is acquired automatically at the moment of death; however, to assert this status before banks, land registry offices, tax authorities, and other official bodies, you must actually present this certificate.
There is an important detail worth noting here: the law states that a certificate of inheritance proves heirship status “until proven otherwise.” In other words, this document is not final — if it later turns out to be incorrect or incomplete, it can be amended or annulled.
Where Can You Get a Certificate of Inheritance?
There are two ways to obtain a certificate of inheritance:
- Through a notary: If there is no foreign element among the heirs (such as a foreign national or a Mavi Kart holder), you can apply to a notary to obtain the certificate. This route is usually faster.
- Through the Civil Court of Peace: If there is a foreign element among the heirs, or if there is any uncertainty in the civil registry records, the certificate can only be obtained from the Civil Court of Peace (Sulh Hukuk Mahkemesi) at the deceased’s last place of residence.
The Lawsuit to Annul a Certificate of Inheritance
Because a certificate of inheritance is not final, a certificate later found to be incorrect or incomplete can always be annulled through a lawsuit. In practice, the most common grounds for annulment are:
- A new heir subsequently coming to light (for example, a child whose parentage is later established by a court)
- A genuine heir having been left off the certificate entirely
- A waiver of inheritance, disinheritance, or unworthiness to inherit not having been reflected in the certificate
- Material errors in civil registry records
- Shares having been incorrectly determined because the facts of a simultaneous death were not properly reflected
- A will surfacing after the certificate was obtained, resulting in new heirs or changed shares
Because an annulment case is a contentious lawsuit, the competent court is the Civil Court of General Jurisdiction (Asliye Hukuk Mahkemesi) rather than the Civil Court of Peace. Venue lies either at the place of residence of any of the heirs or at the deceased’s last place of residence.
The certificate of inheritance process involves more technical detail than it may appear to at first; getting legal advice — from which authority to apply to, all the way through to the grounds for annulment — helps ensure the process goes smoothly. If you live abroad, and particularly in Germany, you can find our detailed explanations of the certificate of inheritance process specific to Turkish citizens living there — including powers of attorney, Mavi Kart-holding heirs, and the validity of the German Erbschein in Turkey — in our article Certificate of Inheritance Guide for Those Living in Germany.
If, despite being a rightful heir, you risk losing part of your inheritance because of an unlawfully issued certificate, we recommend proceeding with the support of a lawyer. Feel free to contact us regarding obtaining a certificate of inheritance or annulling one.
