Inheritance
Certificate of inheritance and dividing the estate
Last reviewed: 10 مرداد 1405
After a death, none of the deceased's assets can be transferred without one official document: the certificate of inheritance, which states who the heirs are and what share each takes.
This guide sets out how to obtain it, and what happens afterwards when the assets — particularly jointly owned property — have to be divided in fact.
What the certificate is and where to get it
The certificate of inheritance officially declares who the deceased's heirs are and the share each takes in the estate. Without it there is no transfer of title to property, no withdrawal from the deceased's bank account and no transfer of a vehicle.
The application goes to the dispute-resolution council for the deceased's last place of residence. Any one heir, or any interested party, may apply — all the heirs need not act together — but every heir must be named in the application.
Documents and the publication stage
The core documents are the death certificate, the deceased's identity documents, identity documents for every heir, the marriage certificate where there is a surviving spouse, and a notarised sworn statement in which witnesses confirm who the heirs are. An inheritance-tax return is also required as the file progresses.
Where the estate exceeds the statutory threshold the certificate is "unlimited", and issuing it requires a public notice so that anyone claiming to be an heir can object; for a low-value estate a "limited" certificate is issued without notice, on a shorter route.
Inheritance tax: the real bottleneck
The certificate alone is not enough to transfer assets. Notary offices and the land registry also require evidence that inheritance tax has been paid or determined. That means filing an inheritance-tax return with the tax administration within the prescribed period, listing the deceased's assets.
The rate and method of calculation depend on the date of death and the type of asset, which is why the date of death carries real legal weight in these files and should not be treated as an administrative detail.
After the certificate: dividing the estate
The certificate declares the shares; it does not divide the assets. If the heirs agree, division is completed by notarised deed. If they do not, any heir may bring a claim for division of the estate.
Where property cannot be physically divided — one apartment among several heirs — the statutory answer is an order for sale of the jointly owned property: it is sold at auction and the proceeds split in proportion to the shares. No heir can force the others to hold on to it; partition or sale is every co-owner's right.
An inheritance case with Dadyar
- 1
Calculate the shares
Use Dadyar's inheritance calculator to see each heir's share under the Civil Code.
- 2
Complete the documents
Get the exact list of documents your particular case needs.
- 3
Draft the application
Use Dadyar's templates for the certificate application or a claim to divide the estate.
- 4
Get a lawyer where heirs disagree
If the assets are disputed, book a specialist consultation from Dadyar's lawyer network.
Frequently asked questions
Must all the heirs apply together?
No; any one heir or interested party may apply, but every heir must be named in the application and the sworn statement.
Can assets be transferred without the certificate?
No. Transferring title, withdrawing from accounts and transferring a vehicle all require both the certificate and a resolved inheritance-tax position.
One heir refuses to sell the property. What can I do?
If the property cannot be partitioned, any co-owner may seek an order for its sale; it goes to auction and the proceeds are divided in proportion to the shares.
What happens to the deceased's debts?
Debts are paid out of the estate before division, and the heirs are not liable beyond what they take from it. Dividing in haste, before the debts are settled, is therefore risky.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.