REGISTRATION OF THE WILL WITH THE LAND REGISTRY
Once the decision to execute the will has been made and this decision has become final, the court issues a document (certificate of inheritance) to the legal and appointed heirs who request it, confirming their status as appointed heirs.
a) Registration Request by Legal Heirs:
Legal heirs may request a certificate of inheritance from the judge after the will has been opened, read, and the decision to execute it has been finalized and become final. This certificate of inheritance to be issued to legal heirs also includes the name of the appointed heir, if any. This is because the appointed heir is also an heir to the estate within the proportion specified in the will. In this case, the legal heir who is the beneficiary of the will may request the Land Registry Office to carry out the transfer procedure with the certificate of inheritance they have received. With this transfer procedure, the ownership of the immovable property is shared in the inheritance. The rules of joint ownership apply between the parties.
b) Registration Request of Appointed (Designated) Heirs
After the decision to execute the will, heirs appointed by the will may request a certificate of inheritance from the judge proving that they are heirs. An appointed heir may be one or more persons. Therefore, each of them has the right to request a separate certificate of inheritance. Once the appointed heir has received the certificate of inheritance, they are no different from a legal heir. They may apply to the land registry office alone to request the transfer of the inheritance. In such a case, the land registry office will carry out the transfer process in the name of all legal and appointed heirs listed on the certificate of inheritance presented by the appointed heir. As a rule, this transfer is registered as joint ownership. However, if requested by all heirs (legal or appointed) or their authorized representatives whose names appear on the inheritance certificate, the transfer (inheritance) may also be registered directly on the basis of joint ownership. When appointed heirs request transfer, there is no need to search for a copy of the will or the judge’s enforcement decision or registration letter in addition to the inheritance certificate (TST.21/a). It is sufficient to bring the inheritance certificate.
c) Request for Registration on Behalf of the Beneficiary of a Specific Bequest:
A certificate of inheritance is not issued to the beneficiary of a specific bequest. This is because this person is not an heir to a specific share of the estate, but rather a person to whom a specific asset is bequeathed. This person has a claim against the heirs and the estate, and is therefore referred to as a legatee or beneficiary. After the decision to enforce the will, a certificate of inheritance is issued to the other heirs, but not to the person to whom a specific asset is bequeathed. As a rule, since this person (the beneficiary) does not have a certificate of inheritance, they will request that the item bequeathed to them be registered in their name from the heirs or, if applicable, from the executor of the will.
