After preparing a will, notaries inform the relevant civil registry office so that this information can be recorded in the testator’s civil registry. In practice, magistrates usually become aware of the existence of a will after receiving notification from the civil registry office. When a magistrate becomes aware of the existence of a will, they request a copy from the notary.
Then, they notify all potential heirs of the date the will will be opened. The will is opened on the specified date. If the relevant parties do not object or if their objections and lawsuits are resolved, the court decides that “the will shall be deemed opened and read, and a certificate of inheritance shall be issued to the heirs upon request.”
This decision must be final due to the openness and appealability of legal proceedings. The fact that the inheritance certificate will be issued to those who request it reinforces this view.
Registration according to the will
After the decision on the execution of the will has been made and this decision has become final, the legal and appointed heirs are issued a document (inheritance certificate) by the court showing that they are appointed heirs.
a) Registration Request of Legal Heirs:
Legal heirs may request a certificate of inheritance from the judge after the decision to open, read, and execute the will has been made and this decision has become final. If there is an appointed heir, their name is also included in the inheritance certificate to be issued to the legal heirs. This is because the appointed heir is also an heir to the inheritance within the proportion specified in the will. In this case, the legal heir who is the beneficiary of the will may apply to the Land Registry Office for the transfer of title with the inheritance certificate they have received.
b) Registration Request of Appointed (Designated) Heirs:
Heirs appointed by will may apply to the judge for the issuance of an inheritance certificate proving their status as heirs after the decision to execute the will has been made. An appointed heir may be one or more persons. Therefore, each has the right to request a separate inheritance certificate. Once the appointed heir has obtained the inheritance certificate, they are no different from a legal heir. You can request the transfer of the inheritance by applying to the land registry office on your own.
In this case, the land registry office will carry out the transfer on behalf of all legal and appointed heirs listed in the inheritance certificate 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 authorized representatives mentioned in the inheritance certificate, the transfer (inheritance) can be registered directly on the basis of joint ownership. There is no need to search for a copy of the will, the judge’s enforcement decision, or the registration document for the appointment of heirs; it is sufficient to bring the inheritance certificate along with the inheritance certificate (TST.21/a).
c) Request for Registration in the Name of a Specific Asset:
An inheritance certificate is not issued to a person to whom a specific asset is bequeathed. This is because this person is not the heir to a specific part of the estate, but the person to whom a specific asset is bequeathed. This person has the right to claim rights against the heirs and assets, and is therefore referred to as the legatee or beneficiary. After the decision on the execution of the will is made, a certificate of inheritance is issued to the other heirs, but for this reason, no certificate of inheritance is issued to the person to whom a specific asset is bequeathed by will. As there is no will, this person (the legatee) will, as a rule, request that the will be registered in their name from the heirs or, if applicable, from the testator.
1) Request for Registration on Behalf of the Heirs:
The heirs or the testator can have this specific property registered directly in the name of the testator based on the will document, a certified copy of the will, and the enforcement decision. This situation constitutes an exception to the rule of unregistered disposal (disposal made out of respect for the deceased’s will) (MK.705/2). In this case, upon the request of the heirs and the testator, the heir’s name is written on the registration request document (if the heirs’ names have already been transferred to the heirs’ names). The heirs’ names are deleted and registered in the testator’s name.
2) Registration Request by the Executor of the Will:
If an executor of the will has been appointed by a will, the executor of the will may also register this specific property in the name of the heir to whom it has been bequeathed. Prepare a will for this purpose.