Certificate of inheritance and identification of the estate
Obtaining the certificate of inheritance, identification of the estate and requests for an inventory.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 11
Inheritance Law
Disputes concerning the reserved portion, abatement, collusive transfer by the deceased, renunciation of inheritance and division of the estate.
Last updated: · UTU Hukuk & Danışmanlık
Inheritance disputes are family processes as much as legal ones. For that reason, in every file where it is possible, our work begins by putting the options for division on the table; litigation is the route of deadlock, not of resolution.
UTU Hukuk & Danışmanlık handles obtaining the certificate of inheritance, identification of the estate, actions for abatement for heirs whose reserved portion has been infringed, actions for cancellation of title and registration based on collusive transfer by the deceased, and proceedings for the annulment and enforcement of wills.
The three-month period for renouncing an inheritance runs from the death and from the date the heir learns of their status as heir. Failure to renounce an insolvent estate within the period has serious consequences.
Scope
Which Inheritance Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Inheritance Law on the following matters: Certificate of inheritance and identification of the estate, Action for abatement, Collusive transfer by the deceased, Wills, Renunciation of inheritance, Division of the estate and Inheritance agreements. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Action for abatement
Claims by heirs holding a reserved portion for the reduction of dispositions exceeding that portion.
Collusive transfer by the deceased
Actions for cancellation of title and registration against transfers made to keep property out of the estate.
Wills
Opening and enforcement of wills, and actions for annulment on grounds of form or capacity.
Renunciation of inheritance
Actual and deemed renunciation, annulment of renunciation, and limitation of heirs' liability.
Division of the estate
Distribution of the estate, dissolution of joint ownership and equalisation claims between heirs.
Inheritance agreements
Drafting of agreements for renunciation of inheritance, maintenance until death and division of the estate.
Authorities
Which authorities hear Inheritance Law cases?
Depending on their nature, Inheritance Law cases are handled before Civil Court of Peace, Civil Court of First Instance, Notary Public and Land Registry Directorate. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Civil Court of Peace
- Civil Court of First Instance
- Notary Public
- Land Registry Directorate
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Inheritance Law — frequently asked questions
If the transfer was made without consideration or in the guise of a sale, an action for cancellation of title based on collusive transfer by the deceased may be brought; if it infringes the reserved portion, an action for abatement arises. Which route is appropriate is determined from the land registry and bank records.
For statutory heirs it is three months from the date they learn of the deceased's death. Where it is clear that the estate is insolvent, deemed renunciation of the inheritance may also be pleaded.
Half of the statutory share for descendants, one quarter for the mother and father, and, for the surviving spouse, rates varying according to the class of heirs, are protected as the reserved portion.
No. Its annulment or abatement may be sought where the formal requirements are not met, or in cases of incapacity, defective intent or infringement of reserved portions.
Through an action for dissolution of joint ownership, the property is divided in kind or, if that is not possible, distributed by way of sale.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
12Family LawUncontested and contested divorce, custody, alimony, liquidation of the matrimonial property regime and protective measures.…View 08Real Estate LawTitle deed cancellation and registration, construction in return for flats, expropriation, dissolution of joint ownership a…View 05Tax and Administrative LawObjections to tax penalty notices, settlement negotiations, annulment and full remedy actions, and administrative sanct…View
Let us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.