The probate order can be requested from the Magistrate’s Court or it can be obtained from Notaries. It is necessary to apply to the court with a petition to request the transfer of inheritance from the Magistrate’s Court. In this case, the Magistrate’s Court will request the registration of the population from the relevant population directorate and determine whether you are the heir or not. In the case where the inheritance order is notarized, when you apply for a inheritance order to a notary, first of all, your population records are examined and checked to see if you are the heir, and if it is certain that you are the heir, the inheritance order is issued. In case of hesitation of the title of heir, the Notary Public Office directs the applicant for probate to the Magistrate’s Court.
Documents required to issue a probate order;
It consists of a petition to be written addressed to the Magistrate’s Court and a family population register to be obtained from the population directorate registered with the population.
It can be applied to any Magistrate’s Court located in Turkey. However, in terms of the speed of the proceedings, preference should be given to the court of the place of residence and registration of the population.
In the event that there is more than one legal heir, it is enough for only one of the heirs to file a claim. But other heirs should also be added to the petition. The provision established as a result of the trial has consequences not only for the applicant’s heir, but also for all heirs.
At the trial stage, the court writes a thank-you letter to the population directorate at the place where the population register of the deceased muris is located and summons the family status table of the bequeathed person. In practice, in general, two witnesses are heard and a decision is made by holding a hearing after the paperwork is completed. As a result of these stages, the court determines the heirs and their share in the inheritance.