Inheritance Lawyer in Ankara

How is a certificate of inheritance obtained?

A certificate of inheritance (veraset ilamı) is a document showing who the heirs are and what their shares are. Under the Turkish Civil Code (TMK) Art. 598, statutory heirs may obtain the certificate from the civil court of peace or from a notary.

The certificate is required for bank accounts, land registry transactions and all other transactions concerning the estate. Where the file involves a will or a foreign element, the appropriate route is assessed separately.

What is the deadline for renouncing an inheritance?

Statutory and appointed heirs may renounce the inheritance within three months (TMK Art. 606). For statutory heirs, the period starts on the date they learn of the death of the deceased; renunciation is made by an oral or written declaration to the civil court of peace.

If the insolvency of the deceased was clearly evident or officially established at the date of death, the inheritance is deemed to have been renounced (TMK Art. 605). For estates whose debts exceed their assets, this determination can be requested from the court.

What is the reserved share in inheritance, and when is an action for reduction filed?

The reserved share is the portion of the inheritance that the deceased cannot take away even through dispositions upon death. The heirs entitled to a reserved share are the descendants, the parents and the surviving spouse (TMK Art. 506).

An heir whose reserved share has been infringed may file an action for reduction (tenkis). The action must be filed within one year of learning of the infringement and, in any event, within ten years of the opening of the will for testamentary dispositions, or of the opening of the succession for other dispositions (TMK Art. 571).

How is a will drawn up under inheritance law, and when can it be annulled?

The law provides for three types of will: the official will, the handwritten will and the oral will, which is used in extraordinary circumstances. Failure to comply with the formal requirements is a ground for annulment of the will.

• The deceased lacked the capacity to make dispositions
• The will was made under error, fraud or duress
• Its content or the conditions attached to it are contrary to law or morality
• The form prescribed by law was not followed

Which court hears an inheritance case in Ankara?

Under the Code of Civil Procedure (HMK) Art. 11, actions for annulment of a certificate of inheritance, division of the estate, annulment of a will, reduction and recovery of the inheritance are filed with the court of the deceased’s last place of residence. If the deceased’s last place of residence was Ankara, these cases are heard by the Ankara courts, even if the heirs live in other cities.

The declaration renouncing the inheritance is made to the civil court of peace; as a rule, the competent court is that of the deceased’s last place of residence. If the estate includes real estate in other cities, the action for partition is filed where the property is located.

How is the estate divided if the heirs cannot agree?

Until the division takes place, the heirs own the assets of the estate jointly and cannot dispose of them individually. If the heirs cannot agree, they may request the appointment of a representative for the community of heirs or file an action for division.

For real estate in the estate, an action for partition is pursued; mediation is mandatory before these cases are filed. For details, see our real estate law page.