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LAW OF CIVIL PROCEDURE
303
The Regulation on Procedures and Principles Pertaining to
Vest Public Notary with Power to Grant Probate and Issue
Letter of Invitation to Spouse Who Left the Matrimonial
Home
9
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Att. Süleyman Sevinç
The Regulation on Procedures and Principles Pertaining to Vest
Notary Public with power to Grant Probate -also known as Certificate
of Inheritance- and Issue Letter of Invitation to Spouse Who Left the
Matrimonial Home (the “Regulation”) entered into force through
publication in the Official Gazette dated 04.10.2011 and numbered 28074.
The Regulation sets forth procedures and principles pertaining to legal
transactions; grant of probate and invitation letter to return matrimonial
home for spouse who left the home. The Regulation shall be implemented
for issues where the national identification register deeds are satisfactorily
sufficient; the probate is non-contentious; or the applicant is not a foreign
citizen. According to the Regulation, the execution of transactions shall
be made by the notary himself/herself or authorized employee, who has a
law degree or the notary trainee.
Grant of Probate
The probate or certificate of inheritance is a document set forth in
Article 598 of Civil Code numbered 4721 certifying the inheritors and
their rights on how to administer or deal with deceased person’s affairs.
The applications for grant of probate were previously being dealt by the
by the courts prior to entry into force of the Regulation.
According to the Regulation, the notary publics are now responsible
and authorized bodies to grant probate and issue representation letters for
the deceased’s person estates. Upon the request of issuance of certificate
of inheritance, the current registers provided by the relevant persons or
electronic registers shall be taken as basis to assess and determine the
correct persons. The certificate of inheritance certifying heritage shares
shall be issued for the relevant person who has proved that it is the legal
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Article of October 2011