How is Inheritance Transfer Done?
How is Inheritance Transfer Done?Inheritance transfer is based on universal succession. Heirs are universal successors. Accordingly, upon death, a person’s assets are transferred partially or completely to another person. However, there are some necessary procedures for transfers such as obtaining property deeds and bank funds.
What is Inheritance Transfer?
The phenomenon of the deceased’s assets being passed to the heirs as an estate is called “”inheritance transfer”” or “”succession of inheritance””. This means that upon the death of the testator, their rights are transferred to the heirs. Thus, these rights belong to the heirs, and the heirs are also responsible for the debts they are obligated with. Inheritance transfer is a type of gratuitous acquisition.
What is Inheritance Transfer 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 name of the heirs specified in the certificate of inheritance (heirship) obtained from the court or notary is called transfer. With this registration, the transfer to the heirs is directly realized in the land registry.
For inheritance transfer, one or all of the heirs must apply to the relevant Land Registry Office with the necessary documents. Upon this application, the Land Registry Office ensures that the transfer procedures are carried out. Additionally, web land registry inheritance transfer, that is, application can also be made via e-Government over the internet.
Are all Heirs Necessary for Transfer in the Land Registry?
For the inheritance transfer process, it is sufficient for one of the heirs to apply to the relevant Land Registry Office. This is because the transfer procedures do not need to be carried out by all heirs. This process can be carried out by any heir. With the application of one heir, the inheritance will be transferred to all heirs.
What Happens if Inheritance Transfer is not Done?
If the land registry transfer procedures are not carried out by the heirs within two years, the Land Registry Office can obtain a certificate of inheritance from the authorized Civil Court of Peace and perform the registration process on behalf of the heirs.
How is Land Registry Inheritance Transfer Done?
The following steps are followed for inheritance transfer in the land registry:
- Obtaining Certificate of Inheritance: A “”certificate of inheritance”” or “”decree of inheritance”” showing that you have a share in the property must be obtained. This document can be obtained from a notary or civil court of peace.
- Checking Property Tax Debt: After obtaining the document, apply to the municipality where the property is located and request a document showing that there is no property tax debt.
- Inheritance and Transfer Tax Payment: Apply to the inheritance and transfer tax office, pay the necessary taxes, and obtain a document stating that the relationship has been terminated.
- Application to the Land Registry Office: Apply to the Land Registry Office with all necessary documents and request the registration of the property in the name of the heirs.
- Land Registry Registration: The Land Registry Office carries out the transfer procedures and the property is registered in the land registry in the name of the new owners, the heirs.
What is Needed for Inheritance Transfer?
Documents required for inheritance transfer procedures:
- The title deed of the property to be transferred or a document specifying the parcel number if not available
- Identity documents of the heirs
- Document related to representation if done through a representative
- Mandatory earthquake insurance (if the property is a building)
- Inheritance and transfer tax clearance document
- Document showing no property tax debt
How to Do Inheritance Transfer via E-Government?
Today, inheritance and transfer procedures have become easier and can be done via the internet through e-Government. By entering the system with a Turkish ID number and e-Government password, application procedures can be easily carried out.
Lawyer Support for Inheritance Transfer
The transfer and distribution of inheritance is a very sensitive matter. If an incorrect or incomplete transaction is made during this process, loss of rights may occur, as well as unfair gains.
Therefore, it is very important to get support from an Izmir lawyer. Gürbüz Law Office, with its expert staff in the field of inheritance law, provides you with the best service, protects your rights, and ensures that the process is carried out smoothly.
To carry out these processes quickly, contact us immediately…
