After the notaries have prepared a will, they inform the relevant population directorate of this situation to be annotated on the population register of the testator. Here, in practice, the magistrates are generally aware of the existence of the will upon the notification of the population directorates. When the magistrate becomes aware of the existence of a will, it requests a copy of it from the notary public. Then, it notifies all the presumed heirs on the day the will will be opened. The will is opened on the specified day. If the interested parties do not object or when their objections and lawsuits are concluded, the court decides that “the will shall be deemed to have been opened and read, and a certificate of inheritance shall be given to the heirs upon request”.
Since legal remedies are made open and subject to appeal, this decision must be final. . The fact that it is said to give certificate of inheritance to those who want it strengthens this opinion.
REGISTRATION ACCORDING TO THE WILL
After the decision on the enforcement of the will and the finalization of this decision, a document (inheritance certificate) is given to the legal and appointed heirs, showing that they are the heirs appointed by the court.
a) Registration Request of Legal Heirs:
Legal heirs can request a certificate of inheritance from the judge after the decision to open, read and enforce the will and after this decision is finalized. In this inheritance certificate to be given to the legal heirs, the name of the appointed heir, if any, is also included. Because, the appointed heir is also the heir of the estate within the willed ratio. In this state, the legal heir, who is the creditor of the will, may request the transfer from the Land Registry Directorate with the certificate of inheritance he received.
b) Registration Request of Appointed (Mansup) Heirs
Heirs who are appointed by a will can ask the judge to issue a certificate of inheritance showing that they are heirs after the enforcement of the will is decided. The appointed heir can be one or more than one person. For this reason, each has the authority to request separate succession certificates. After the appointed heir receives the certificate of inheritance, it is no longer different from the legal heir. You can request the transfer of the inheritance by applying to the land registry directorate alone. In such a case, the land registry directorate carries out the transfer process on behalf of all the legal and appointed heirs in the heirship certificate brought by the appointed heir. As a rule, this transfer is registered as ownership in partnership. However, upon the request of all heirs (legal or appointed) or their authorized representatives whose names are mentioned in the succession deed, the transfer (inheritance) can be registered directly on the basis of joint ownership. There is no need to search for a copy of the will or the judge’s enforcement decision or registration letter, apart from the inheritance certificate, for the transfer of the appointed heirs (TST.21/a). It is sufficient only to have a certificate of inheritance brought.
c) Request for Registration in the Name of a Certain Property Willed:
A certificate of inheritance is not given to a person in favor of whom a certain property is bequeathed. Because this person is not the inheritor of a certain portion of the estate, but the person to whom a certain property will be left. This person has a right to claim against heirs and estates, therefore he is called musaleh or testator. After the decision on the enforcement of the will, the other heirs are given a certificate of inheritance, but for this reason, the inheritance certificate is not given to the person to whom a certain property is bequeathed. Since he does not have a will, as a rule, this person (the testator) will ask the heirs or the testator, if any, to have the will to be registered in his name.
1) Demand of Registration by Heirs on Behalf of the Legislator:
The heirs or the testator may register this particular property directly in the name of the testator, based on the testamentary certificate, the certified copy of the testament and the enforcement decision. This situation constitutes an exception to the rule of unregistered disposition (due to respect for the will of the deceased disposition) (MK.705/2) In such a case, the name of the inheritor after the request of the heirs and the testator is written on the registration request document (if before that, the name of the heirs is also transferred to the name of the heirs). the name of the heirs) is canceled and registered in the name of the testator.
2) Requesting the Registration on Behalf of the Will by the Execution Officer:
If a testamentary officer is appointed by a will, the executor of the will may also register this certain property in the name of the inheritance creditor to whom a certain property has been left. Make a will for this
