REGISTRATION TO THE TITLE DEED ACCORDING TO THE WILL
After the decision on the execution of the will is made and this decision is finalised, the court shall issue a document (certificate of inheritance) to the legal and appointed heirs indicating that they are appointed heirs.
a) Registration Request of Legal Heirs:
The legal heirs may request a certificate of inheritance from the judge after the will is opened, read and enforced and this decision is finalised. In this certificate of inheritance to be given to the legal heirs, the name of the appointed heir, if any, is also included. Because, the appointed heir is also the heir of the estate within the proportion of the will. In this case, the legal heir, who is the creditor of the will, may request the Land Registry Office to carry out the transfer process with the certificate of inheritance he received. With this transfer process, the ownership of the immovable property is realised in the form of participation in inheritance.
b) Registration Request of Appointed (Mansup) Heirs
The heirs appointed by the will may request the judge to issue a certificate of inheritance showing that they are heirs after the decision on the execution of the will. The appointed heir may be one or more than one person. Therefore, each of them is authorised to request a certificate of inheritance separately. After the appointed heir receives the certificate of inheritance, there is no difference from the legal heir. He can apply to the land registry office alone and request the transfer of inheritance. In such a case, the Land Registry Office performs the transfer on behalf of all legal and appointed heirs in the certificate of inheritance brought by the appointed heir. As a rule, this transfer is registered as joint ownership. However, upon the request of all heirs (legal or appointed) or their authorised representatives whose names are mentioned in the probate deed, the registration of the transfer (inheritance) can also be made directly on the basis of joint ownership. In the request of the appointed heirs, there is no need to seek a copy of the will or the judge’s enforcement decision or registration letter in addition to the certificate of inheritance (TST.21/a). It is sufficient to bring only the certificate of inheritance.
c) Request for Registration in the Name of the One in Whose Favour a Certain Property is Testated:
The person in whose favour a certain property is willed is not given a probate deed. Because this person is not the heir of a certain proportion of the estate, but the person to whom a certain property will be left. This person has a right of claim against the heirs and the estate, therefore he is called musaleh or testament creditor. After the enforcement of the will is decided, other heirs are given a certificate of inheritance, but the person to whom a certain property is bequeathed is not given a certificate of inheritance for this reason. Since he/she does not have a probate deed in his/her hand, as a rule, this person (the testate creditor) will ask the heirs or the executor of the will, if any, to register the willed property in his/her name.
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