According to our inheritance law, the heirs of the deceased, that is, the deceased, acquire property rights on the inherited property with shares to be determined according to the inheritance provisions, upon the death of the deceased. Therefore, it is not necessary to carry out a constitutive transaction in order for the heirs’ inheritance rights to arise. However, it is necessary to clarify who the heirs are and how much their share of the inheritance is.

In other words, although the certificate of inheritance is not constitutive for the emergence of the right to inheritance, it is a notification of this right to third parties and institutions.

The certificate of inheritance, also known as the certificate of inheritance, serves exactly this purpose. The inheritance certificate is a document given to the heirs by the competent authorities and showing their inheritance shares in their capacity as heirs. The inheritance certificate issued by the civil court of peace or notary offices contains information about who is the heir and how much their shares are.

For this reason, a decree of inheritance must be obtained before inheritance sharing cases, partnership dissolution cases, cases related to muris collusion (smuggling property from the inheritance) and similar inheritance law cases.