Veraset ilamı and mirasçılık belgesi are two names for the same document: its name in the statute is mirasçılık belgesi (certificate of inheritance), and the name used in common parlance is veraset ilamı. It shows who the heirs are and their inheritance shares. As a rule, statutory heirs may obtain this document both from a notary public and from the Civil Court of Peace (TMK m.598). The statute and the regulation reserve certain cases to the court alone; these are listed one by one below.
The order of inheritance, the classes of heirs and the spouse’s share are explained on the Inheritance Law page. This article deals with how the document is obtained.
How is a veraset ilamı obtained? Short answer
- First determine which door to go to. If the file can be resolved by reference to the civil registry records alone, the notary public; if an examination is required, the Civil Court of Peace.
- At the notary public: you submit your request orally or in writing, it is recorded in the minutes, the notary public examines the civil registry records and, if it is established that you are a statutory heir, the document showing the inheritance shares is issued.
- At the court: you apply to the Civil Court of Peace; because the matter is one of non-contentious jurisdiction, the judge conducts the investigation of his or her own motion.
- If the document is wrong, the ways of objection and cancellation are open; the invalidity of the certificate of inheritance may be asserted at any time.
What is a veraset ilamı for?
The statute defines the document as follows: upon application, a document showing their capacity as heirs is issued by the Civil Court of Peace or by a notary public to those determined to be statutory heirs (TMK m.598/1). This power of notaries public was added to the article in 2011 by Law No. 6217.
The document is required in most transactions such as the transfer of title at the land registry, the handling of bank accounts, the transfer of vehicles and participation as an heir in files to which the deceased was a party. If you are considering renouncing the inheritance, the period continues to run separately; see how to renounce an inheritance.
The document has an important limit: the invalidity of the certificate of inheritance may be asserted at any time (TMK m.598/3). The document is not a ruling that conclusively determines who is an heir.
Notary public or court?
As a rule, both doors are open to a statutory heir. The distinction arises from this: a notary public may issue the document only in cases where he or she can decide by reference to the civil registry records alone.
Upon application, the notary public examines the civil registry records and first determines whether the person concerned is a statutory heir. The records may be submitted by the person concerned or obtained electronically by the notary public; if they cannot be obtained, they are requested in writing from the Turkish civil registry directorate. If it is established that the person is a statutory heir, the document showing the inheritance shares and copies of that document are issued (Yönetmelik m.4).
Cases in which the notary public cannot issue the document
The Noterlik Kanunu lists three cases: where the issue of a certificate of inheritance requires judicial proceedings, where the civil registry records are insufficient and where the document is requested by foreign nationals (m.71/B).
The regulation sets this out. Examples of situations requiring judicial proceedings are where the issue of the document requires an expert examination or the hearing of witnesses, and where the request has a foreign element (Yönetmelik m.5).
In addition, the Union of Turkish Notaries lists on its own service page the specific cases in which a certificate of inheritance cannot be issued by a notary public:
- where the parentage of the deceased and the applicant cannot be established
- where a person has parentage but is not a statutory heir
- where the deceased has a will
- where the deceased died before 04/04/1926
- where the deceased died before 23/11/1990 and his or her spouse is still alive
- where the deceased or one of the heirs died on the same day as an heir
- where the deceased or one of the heirs is a person declared absent
- where the deceased or one of the heirs is an adopted child
- having been deprived of citizenship or holding more than one nationality
If any of the situations in this list applies, going to the notary public would be a waste of time. If the notary public establishes a situation preventing the issue of the document, he or she draws up a “Red Belgesi” (document of refusal) and refers the person concerned to the Civil Court of Peace. If there is a deficiency in the civil registry records, he or she refers the person concerned to the Turkish civil registry directorate; once the records have been corrected, an application may be made to the notary public again.
What changes if there is a will?
Two distinct situations must not be confused.
If you are an appointed heir or a beneficiary under a will, you may obtain the document only from the court. Unless an objection is raised within one month from the notification to them by the heirs or other beneficiaries, running from the testamentary disposition concerning the appointment of an heir or the legacy, a document showing that the person in whose favour the disposition was made is an appointed heir or a beneficiary under a will is issued to that person by the Civil Court of Peace (TMK m.598/2). The statute does not mention the notary public in this paragraph: the 2011 amendment added the phrase “or by a notary public” only to the first paragraph.
If you are a statutory heir and there is a will, the statute does not take you outside the first paragraph. However, the Union of Turkish Notaries includes the existence of a will of the deceased among the cases in the list above in which a document cannot be issued by a notary public. In practice, an application to the Civil Court of Peace should be expected in such files.
How does the process work at the notary public?
The request may be made orally or in writing; upon application, the request is recorded in the minutes and the forms prepared by the Union of Turkish Notaries are used (Yönetmelik m.10).
The transaction is carried out by the notary public in person. It may also be carried out by a law faculty graduate authorised to sign in the notary’s office or by a notary trainee (Yönetmelik m.11, Noterlik K. m.71/B). The transactions and the exchange of information and documents may also be carried out electronically, using a secure electronic signature where necessary; transactions carried out in this way are recorded centrally (Yönetmelik m.13).
How does the process work at the court?
The issue of a certificate of inheritance is among the matters that the statute expressly lists as non-contentious jurisdiction (HMK m.382/2-c-6). This has four practical consequences:
- The court with jurisdiction is the Civil Court of Peace (HMK m.383).
- To the extent appropriate to its nature, the simplified procedure applies and, unless otherwise provided, the principle of investigation of the court’s own motion applies (HMK m.385). The judge is not bound solely by the evidence brought by the parties.
- Persons concerned who have a legal interest may, save for special statutory provisions, apply for appeal before the Regional Court of Appeal within two weeks from learning of the judgment (HMK m.387).
- The remedy of appeal on points of law before the Court of Cassation is not available: no appeal on points of law before the Court of Cassation may be made against judgments given in non-contentious jurisdiction matters (HMK m.362/1-ç). The remedy stops at the Regional Court of Appeal.
Which court should the application be made to?
The rule on jurisdiction in non-contentious jurisdiction matters is broad: unless otherwise provided in the statute, the court of the place where the applicant or one of the persons concerned resides has jurisdiction (HMK m.384).
The practical consequence is this: even if the deceased died in another province, an heir residing in Alanya may apply to the Alanya Civil Court of Peace for a certificate of inheritance.
How are the costs determined?
The fee to be charged by the notary public is separately shown in the Turkish notary fee tariff and the papers drawn up for these transactions are exempt from valuable paper charges (Noterlik K. m.71/B). In addition, the costs of queries made through the Kimlik Paylaşımı Sistemi and the Adres Paylaşımı Sistemi are collected from the person concerned against a receipt (Yönetmelik m.14). In other words, in addition to the fee in the tariff, a separate query cost arises.
On the court route, the application fee, the judgment and decision fee and the advance on costs come into play. Since both the notary fee tariff and the fee tariffs are renewed each year, no current amount is given on this page; for figures, the tariff in force should be consulted.
Can it be obtained from e-Devlet?
The Ministry of Justice has a service on e-Devlet called “Veraset İlamı Sorgulama” (query of veraset ilamı). According to the Ministry’s explanation, since 16 December 2016, certificates of inheritance can be viewed through e-Devlet, and citizens registered in UYAP as heirs can access the service. According to the Union of Turkish Notaries, from 4 February 2022, information relating to certificate of inheritance transactions carried out at notaries public can also be accessed through the same service.
The distinction is important: this service allows an existing record to be viewed; it is not an application channel for the document itself. If there is no previously issued document, an application must first be made to the notary public or the Civil Court of Peace.
What is to be done if the document is wrong?
Objection to the document issued by the notary public. In respect of a certificate of inheritance issued by a notary public, the applicant or those who claim that their interests have been infringed by reason of this document may object to the competent Civil Court of Peace. A copy of the judgment given on the objection is notified to the notary public that issued the document and to the Union of Turkish Notaries (Noterlik K. m.71/C, Yönetmelik m.6). In the event of an objection, the document is, upon the request of the court, taken out of its special file and sent directly to the court (Yönetmelik m.12). The statute and the regulation do not prescribe a period for this objection.
Cancellation. The invalidity of the certificate of inheritance may be asserted at any time (TMK m.598/3). As regards documents obtained from the court, the following is added: unless otherwise provided in the statute, judgments in non-contentious jurisdiction matters do not constitute substantive res judicata (HMK m.388).
In actions for the cancellation of a certificate of inheritance and the issue of a new certificate of inheritance, the court of the place where each of the heirs resides also has jurisdiction (HMK m.11/3). An heir residing in Alanya may also bring the action for cancellation in Alanya.
Foreign heirs and cases abroad
Foreign nationals cannot obtain a certificate of inheritance from a notary public; a request having a foreign element is also among the cases in which a notary public cannot issue the document (Noterlik K. m.71/B, Yönetmelik m.5). In such files, the application is made to the Civil Court of Peace.
As regards the applicable law, the rule is this: inheritance is governed by the national law of the deceased; Turkish law applies to immovable property situated in Türkiye. The provisions concerning the causes of the opening of the succession, its acquisition and its partition are governed by the law of the country where the estate is situated (MÖHUK m.20).
There is a separate rule on jurisdiction: actions relating to inheritance are heard by the court of the last place of residence in Türkiye of the deceased or, if the last place of residence is not in Türkiye, by the court of the place where the assets included in the estate are situated (MÖHUK m.43). In other words, in a file with a foreign element, the “place where you reside” rule above should not be regarded as applicable to every request.
Foreign documents, apostilles and powers of attorney are also dealt with on the Inheritance Law page. For the route to be followed where several heirs cannot agree on immovable property, see the dissolution of co-ownership action page.
Frequently asked questions
Is there a difference between a veraset ilamı and a mirasçılık belgesi?
No, it is the same document. Its name in the statute is mirasçılık belgesi (certificate of inheritance) (TMK m.598).
Can one of the heirs obtain the document alone?
The statute provides for the issue of the document “upon application to those determined to be statutory heirs” (TMK m.598/1) and the document is drawn up showing the inheritance shares (Yönetmelik m.4). The participation of the other heirs in the application is not required.
What documents are taken to the notary public?
The regulation lists no document other than the civil registry record extract; the records may be submitted by the person concerned or obtained electronically by the notary public (Yönetmelik m.4). Depending on the circumstances of the file, the notary public may request further information.
What happens if the notary public does not issue a certificate of inheritance?
The notary public draws up a “Red Belgesi” (document of refusal) and refers the person to the Civil Court of Peace. If the issue concerns a deficiency in the civil registry records, he or she refers the person first to the Turkish civil registry directorate.
How long is the document valid?
The statute does not prescribe a period of validity for a certificate of inheritance. However, its invalidity may be asserted at any time (TMK m.598/3); if the civil registry records change later, the document may also become disputed.
Can the judgment be objected to?
An appeal before the Regional Court of Appeal may be made against the court’s judgment within two weeks (HMK m.387); the remedy of appeal on points of law before the Court of Cassation is not available (HMK m.362/1-ç). Objection to the document issued by the notary public, by contrast, is made to the Civil Court of Peace (Noterlik K. m.71/C).
Legislation relied on
Turkish Civil Code No. 4721 — m.598 (certificate of inheritance) — mevzuat.gov.tr
Turkish Notary Law No. 1512 — m.71/A (other transactions notaries public may carry out), m.71/B (procedure and limits applicable), m.71/C (objection) — mevzuat.gov.tr
Yönetmelik on the Procedure and Principles Regarding the Carrying Out by Notaries Public of the Issue of Certificates of Inheritance and the Invitation of the Spouse Who Has Left the Family Residence to the Family Residence (RG 4.10.2011-28074) — m.4, m.5, m.6, m.10, m.11, m.12, m.13, m.14 — mevzuat.gov.tr
Turkish Code of Civil Procedure No. 6100 — m.11/3 (jurisdiction in the action for cancellation), m.362/1-ç (judgments not subject to appeal on points of law before the Court of Cassation), m.382/2-c-6 (non-contentious jurisdiction matter), m.383 (court with jurisdiction), m.384 (jurisdiction), m.385 (procedure and investigation of the court’s own motion), m.387 (appeal before the Regional Court of Appeal), m.388 (not constituting res judicata) — mevzuat.gov.tr
Code No. 5718 on Private International Law and Procedural Law — m.20 (law applicable to inheritance), m.43 (jurisdiction in inheritance actions) — mevzuat.gov.tr
Related pages
- Inheritance Law — parent page
- How is an inheritance renounced?
- Dissolution of co-ownership (izale-i şuyu) action
This article is intended for general legal information. Since the circumstances of each case and the state of the civil registry records differ, it is recommended that you obtain legal support from your attorney at law for your specific situation.