10 May About Probate
What Is A Probate?
In the event of the death of the person, the written document stating who has the right to the inheritance is called” inheritance decree”. A probate is also known as a certificate of inheritance. Which is already the concept of probate decree 4721 in the Law No. 598 Meden. It is stated in the article as “Certificate of inheritance”.
How To Issue A Probate?
There are 2 ways to issue an inheritance certificate or other name. It can be made by applying to the Magistrates Court or by requesting a warrant of succession from the notary public. However, although it may seem easier to obtain a warrant of succession from the notary public, it is possible to provide certain conditions. Accordingly, there must be no element of alienation among the heirs. In the case of alienation among the heirs, probate 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, it is not possible to obtain a decree of succession from the notary.
The Concept Of Probate Decree
A warrant of succession is a certificate of inheritance issued to determine the heirs of the deceased by court order or by notary public. In order to obtain a warrant of succession, it is necessary to be a legal or appointed heir. For legal heirs, it can only be proved by identification. However, for the appointed heirs, further proof is required before a notary public or court to prove that they are heirs.
Who is the heir and the shares they will receive from the inheritance are clearly stated in the inheritance certificate or inheritance certificate. In this way, the heirs are entitled to such inheritance at the rate determined in the probate for their receivables with the movable or immovable property of the inheritor.
It is possible to object to the issued probate or inheritance certificate. No statute of limitations has been set in terms of the law as to the period of Appeal for probate. Individuals who will appeal the probate warrant must apply to the court for this. In the event that no appeal is filed, it is assumed that those mentioned in the probate are accepted by the heirs and that inheritance sharing is done according to these rates.
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