Inheritance distribution is based on comprehensive inheritance. Heirs are the comprehensive successors. Accordingly, upon the occurrence of a person’s death, their assets partially or entirely pass to another person. Certain procedures are required for transfers such as obtaining title deeds and withdrawing money from banks.
1. What is Inheritance Distribution?
The phenomenon of the deceased’s assets passing to the heirs under the name of estate is called “inheritance distribution.” This means that upon the death of the deceased, the rights they possessed pass to their heirs. Thus, they become the property of the heirs, and the heirs become responsible for the debts they owed. Inheritance distribution is a form of acquisition without consideration.
2. What is Inheritance Distribution and How is it Done?
In the event of the death of the owner registered in the land registry, the process of registering the inheritance right in the names of the heirs mentioned in the inheritance (heirship) certificate obtained from the court or notary is called transfer. With this registration, the transfer of ownership to the heirs is directly realized in the land registry.
For inheritance distribution, one or all of the heirs must apply to the relevant Land Registry Directorate with the necessary documents. Upon this application, inheritance distribution is carried out through the completion of transfer procedures by the land registry directorate. Additionally, inheritance distribution can now also be applied for online via the e-government system known as “Web Tapu.” However, physical procedures at the land registry are still necessary despite this.
3. What Happens if Inheritance Distribution is Not Made?
If the transfer procedures are not completed by the heirs within 2 years, the Land Registry Directorate can obtain an inheritance certificate from the authorized Peace Civil Court and carry out the registration process on behalf of the heirs.
4. How is Inheritance Distribution Done in the Land Registry? (How is Succession Transfer Done?)
For inheritance distribution in the land registry:
Firstly, an “inheritance certificate” or “certificate of succession,” which proves that the heirs are shareholders of the said property, must be obtained from a notary or peace civil court.
After obtaining the inheritance certificate, an application is made to the municipality where the property is located. A document showing that there are no property tax debts on the property is requested from the municipality. Because if there are property tax debts, they must be paid.
Then, an application is made to the inheritance and transfer tax office. Inheritance and transfer taxes are paid, and a document stating that the relationship has been terminated is requested from the tax office.
After these steps are completed, the heirs can apply to the land registry with all the necessary documents and request the registration of the property in their names. Each heir can apply to the Land Registry Directorate for transfer. It is not necessary for all heirs to carry out transfer procedures; it can be done by any one of the heirs.
Once the application is completed, the transfer procedures are carried out by the land registry directorate, and a new title deed is issued in the names of the new owners.
5. Are All Heirs Required for Transfer in the Land Registry?
For inheritance distribution, it is sufficient for one of the heirs to apply to the relevant Land Registry Directorate for transfer. It is not necessary for all heirs to carry out transfer procedures. It can be done by any one of the heirs. With the application of one heir, the inheritance will be transferred to all heirs.
6. Legal Support for Inheritance Distribution
Inheritance law, regulated in the Turkish Civil Code, includes the transfer of the deceased’s estate to the heirs and the distribution among the heirs following a person’s death. Disputes arising in these matters are referred to as inheritance lawsuits. An inheritance lawyer is the name given to a lawyer who deals with inheritance lawsuits and handles legal matters related to inheritance law.
The transfer of inheritance and the distribution of inheritance are crucial matters. Incorrect or incomplete procedures in these matters can result in loss of rights or unjust gains. Therefore, it is advisable to seek legal support from a competent lawyer for inheritance transfer. At Ebibli Law Office, we provide professional consultancy services regarding the issues arising from the dissolution of partnership process and meticulously follow up on your lawsuits.