When a foreign national passes away in Turkey—or leaves behind assets in the country—legal heirs must initiate inheritance proceedings under Turkish law. Whether you are a family member, spouse, or international investor inheriting property, you need a skilled Turkish Law Firm to navigate the probate process. At ER&GUN&ER, our English Speaking Turkish Lawyers represent foreign heirs in estate matters with transparency, urgency, and full legal protection. This guide outlines all stages of managing inheritance in Turkey as a foreigner.
Legal Framework: What Law Applies to Inheritance in Turkey?
The applicable law depends on the nationality, domicile, and nature of the assets:
- Turkish Law governs immovable assets (real estate) located in Turkey—regardless of the deceased’s nationality.
- For movable assets (money, shares, vehicles), the national law of the deceased may apply if invoked via international private law provisions.
- Foreigners inheriting Turkish property are bound by Turkish inheritance procedures, tax law, and succession registration rules.
Step-by-Step Inheritance Procedure in Turkey
1. Obtain Death Certificate
If the deceased passed away abroad, the foreign death certificate must be apostilled and translated into Turkish.
2. Request Certificate of Inheritance (Veraset İlamı)
We file a request with the Peace Civil Court (Sulh Hukuk Mahkemesi) or notary to establish the rightful heirs.
3. Secure Tax Registration
Each heir must be assigned a Turkish Tax Identification Number to proceed with the estate process.
4. File Declaration of Inheritance
This is submitted to the tax office within 4 months of death (or 6 months if the death occurred abroad).
5. Pay Inheritance Tax (Veraset ve İntikal Vergisi)
Rates range from 1% to 30% depending on heir category and asset value. Exemptions may apply under double tax treaties.
6. Title Deed Transfer (Tapu İntikali)
Once taxes are paid, we apply to the Land Registry for official transfer of title to heirs. This allows heirs to sell or lease the property.
Documents Required from Foreign Heirs
- Passport and notarized translation
- Death certificate (apostilled + translated)
- Birth/marriage certificates proving kinship
- Tax ID number (Vergi Numarası)
- Power of Attorney (if represented)
- Title deed or land registry details of the estate
Can Foreign Heirs Sell Inherited Property?
Yes. After the inheritance title is registered at the Land Registry, heirs may sell the property freely, subject to capital gains tax if applicable.
Special Considerations for Foreign Heirs
- Heirs residing abroad can appoint a lawyer via notarized Power of Attorney
- Inheritance disputes (e.g., unequal shares, will challenges) may require litigation
- If the deceased died intestate (without a will), Turkish legal succession rules apply
- Foreign wills can be recognized if formally valid and translated, though local formalities apply
- Embassies or consulates may provide assistance, but do not represent heirs legally
Rejection of Inheritance in Turkey
An heir may renounce (reddetme) their inheritance within 3 months of learning of the death. We prepare official court filings if the estate includes debts or risks.
Litigation and Disputes Among Heirs
- Disputes over shares or forged documents may require lawsuits
- Turkish courts hear inheritance litigation, with possible appeal stages
- We represent foreign heirs in all types of litigation: will nullity, hidden asset recovery, share correction
Why Work With ER&GUN&ER Law Firm?
- English-speaking legal team experienced in cross-border succession
- End-to-end management of the entire probate and title process
- Bilingual documentation and reporting
- Remote representation and embassy coordination
- Court representation for contested estates
Extended Frequently Asked Questions (FAQs)
- Can I inherit property in Turkey if I’m not a Turkish citizen? Yes. There are no nationality restrictions for heirs unless limited by reciprocity treaties.
- What happens if there’s no will? Turkish Civil Code determines shares among spouse, children, parents, or siblings.
- Can I contest a will in Turkey? Yes. Wills can be challenged based on form, capacity, undue influence or fraud.
- How long does the inheritance process take? Simple cases: 2–4 months. Disputed cases: 1–2 years depending on complexity.
- Can I send documents from abroad? Yes. With apostille + translation, we process everything remotely.
- Is there inheritance tax in Turkey? Yes. Rates depend on kinship and property value. Double taxation treaties may reduce liability.
- Can I transfer inherited property to a third party? Yes, after title registration is complete.
- What if one heir refuses to cooperate? We file partition or enforcement cases to protect your rights.
- Can the government confiscate unclaimed inheritance? Yes. If no heirs apply, assets eventually revert to the state.
- Do I have to come to Turkey in person? No. We manage the process fully through POA.
- Are shares always equal among heirs? No. Spouses and children have priority, but arrangements can vary.
- Can I inherit land or agricultural property as a foreigner? In most cases, yes—but military zone checks may apply.
- Is a Turkish will necessary? Not required, but highly recommended for asset control.
- Can inheritance include bank accounts? Yes. We help access and transfer Turkish bank assets via probate documentation.
- What if the deceased had debts? You can reject inheritance or accept with limited liability.
- Do I need a lawyer to complete inheritance? Not mandatory—but for foreigners, legal assistance is essential to prevent errors or fraud.
- How are inherited assets divided? Per the Civil Code. Real estate, cash, vehicles, company shares—all must be declared and distributed accordingly.
- Can I inherit if my parent was a Turkish citizen? Yes. Heirs by blood are eligible regardless of your current citizenship.
- Is a Turkish notary involved? For will deposits, POA, and translations—not for probate court cases.
- How do I get started? Contact us with the death certificate and we’ll begin the full process immediately.
Conclusion: Protect Your Inheritance with Confidence
Inheritance in Turkey can involve complex procedures—but with the help of the Best Lawyer in Turkey and our experienced English Speaking Turkish Lawyers, you can navigate every legal step with clarity and security. Whether it’s real estate, financial assets, or a contested estate, we are ready to assist foreign heirs worldwide.