What is the Inheritance Law?
If a person dies, the written document stating who has the right to the inheritance at what rate is called the “Inheritance Statement”. The probate decree is also known as the certificate of Succession. Which is already the concept of inheritance law No. 4721 in the Medical Law No. 598. In the article it is expressed as a ”Certificate of Inheritance”.
How is the Probate Order Issued?
There are 2 ways to issue a probate decree, or, as it is also called, a Certificate of Inheritance. It can be done by submitting an application to the Magistrate’s Court or by requesting a probate order from a notary. But although it may seem easier to issue a probate order from a notary, it is possible within the provision of certain conditions. Accordingly, there should be no element of alien Dec between the heirs. In the event that there is an element of alienation between the heirs, the Decriminalization of inheritance can only be removed from the Magistrates’ Courts. In other words, if one of the heirs does not reside in Turkey or is a citizen of a foreign country, a probate order cannot be obtained from a notary if he is a citizen of a foreign country.
The Concept of Inheritance Law
A probate decree is a certificate of inheritance issued to determine the heirs of a deceased person by a court decision or through a Notary. In order to issue a probate order, it is necessary to be a legal or appointed heir. For legal heirs, the fact of becoming an heir can only be proved by submitting an identity document. However, in order to prove that he is the heir from the point of view of the appointed heirs, additional proof is required before a notary or a court.
In the inheritance decree or the certificate of inheritance, it is stated who is the heir and explain the shares they will receive from the inheritance. In this way, the heirs are entitled to the inheritance in question at the rate determined within the probate decree for the movable or immovable property of the person who left the inheritance and the receivables.
It is possible to object to the probate order or the certificate of inheritance issued. No statute of limitations has been set in terms of the law as to the period of appeal against the probate decision. Individuals who will appeal against the probate order must apply to the court for this. In the event that no objection is filed, it is assumed that the things specified in the probate decree are accepted by the heirs, and the inheritance sharing in question is also made according to these rates.
