Certificate of Inheritance, Compulsory Share and Acquisition of an Estate

People who lose a relative usually face questions such as: Who is an heir? Where is the certificate of inheritance obtained? How much can a will cover? Who is liable for the debts? This article gives a general overview under the Turkish Civil Code (TCC); it does not replace an assessment of your case.

1. The certificate of inheritance

Upon application, persons found to be statutory heirs are issued a document showing their capacity as heirs by the civil court of peace or by a notary (TCC Art. 598/1). The notary's authority was added by Law No. 6217 in 2011. The certificate lets heirs show their status in many transactions such as bank, land registry and vehicle matters.

For appointed heirs or legatees, the court of peace issues the document unless an objection is made within one month of the heirs or other legatees being notified of the testamentary disposition (Art. 598/2). The invalidity of a certificate of inheritance can be raised at any time, and the right to sue to annul the testamentary disposition is reserved (Art. 598/3-4).

2. Who are the heirs?

The testator's first-degree heirs are the descendants; children inherit equally. Children who died before the testator are replaced at every degree by their own descendants (TCC Art. 495). The shares of parents, other statutory heirs and the surviving spouse, alongside or in the absence of descendants, are regulated in the relevant articles and vary with the family situation.

3. Compulsory share and freedom of disposition

A testator with descendants, parents or a spouse may make testamentary dispositions (a will, appointment of heirs) only over the part of the estate outside the compulsory shares; if none of these heirs exists, the whole estate may be disposed of (TCC Art. 505). The compulsory shares are (Art. 506):

• Descendants: half of the statutory share,
• Parents: one quarter of the statutory share each,
• Surviving spouse: the entire statutory share where an heir together with descendants or the parents' group, otherwise three quarters of the statutory share.

An heir whose compulsory share is infringed may assert the right by the routes provided by law (for example an action for reduction). Time limits and conditions vary with the case.

4. Acquisition of the estate and liability for debts

Heirs acquire the estate as a whole, by operation of law, on the testator's death; no separate act of acceptance is needed. They directly acquire the testator's real rights, receivables and other property rights and become personally liable for the testator's debts (TCC Art. 599). Where the debts may exceed the assets, disclaiming the estate therefore becomes important.

5. Disclaiming the estate and the time limit

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See also our article on disclaiming an inheritance.

Statutory and appointed heirs may disclaim the estate. If the testator's insolvency was obvious or officially established on the date of death, the estate is deemed disclaimed (Art. 605). The estate can be disclaimed within three months; for statutory heirs the period runs from learning of the death unless it is proven they learned later that they are heirs, and for appointed heirs from the date the disposition was officially notified (Art. 606).

6. Practical tips

• Obtain the death record, identity details and any will.
• Apply to the court of peace or a notary for the certificate of inheritance; find out beforehand which route suits you.
• Assess early whether the testator had debts; the disclaimer period is short.
• Take compulsory shares into account where a will or appointment of heirs is involved.

To have your documents assessed, you can create an appointment or reach us via the contact page. See our Yalova guide for the courthouse and filing routes.

This article is for general information only, contains no promise of results and is not legal advice.