Probate is the legal process through which a deceased person's estate is administered, their assets are distributed, and debts are settled. In Turkey, this process is governed by a structured legal framework designed to ensure a fair and orderly distribution of inheritance. In this article, ER&GUN&ER Turkish Law Firm, a reliable Istanbul Lawyer Firm, outlines the probate process in Turkey for both Turkish citizens and foreign nationals.
The Probate Process in Turkey
According to Article 517 of the Turkish Civil Code, probate proceedings begin upon the individual’s death. The competent court is located where the deceased had their last residence. If the deceased was a foreigner without residence in Turkey, Turkish courts located where the deceased’s property is situated have jurisdiction under Article 42 of the Law on International Private and Procedural Law (Law No. 5718).
Certificate of Inheritance
This certificate, issued by the civil court of peace, identifies the rightful heirs and their respective shares of the estate. Whether or not a will exists, no estate transfer can occur without first obtaining this document.
Determining Heirs
As per Turkish inheritance law, legal heirs include the surviving spouse, children, parents, and in some cases, extended relatives. If no legal heirs exist, the estate may pass to the Turkish state.
Inheritance Tax
Inheritance tax in Turkey is calculated based on the value of the estate and the degree of kinship between the deceased and the heir. Tax rates typically range from 1% to 30%. The executor or legal representative must ensure all tax liabilities are fulfilled before distribution.
Asset Registration and Distribution
Assets belonging to the deceased must be identified, recorded, and valued. Once all debts and taxes are cleared, the remaining assets are distributed to heirs based on the certificate of inheritance or the deceased’s will.
Disposal of Assets
If the deceased left a will, the property is transferred as directed. In the absence of a will, the estate is divided according to Turkish succession law. The probate court oversees the process to ensure lawful distribution.
Probate for Foreign Nationals in Turkey
Foreigners who own assets in Turkey or have heirs residing in the country may face unique challenges. The probate procedure for foreign citizens involves cross-border documentation, translation requirements, and adherence to international treaties. Legal representation by an experienced Turkish Lawyer is crucial for managing these complexities.
Inheritance Tax for Foreign Heirs
Foreigners inheriting property in Turkey are subject to the same inheritance tax rates as Turkish citizens. The amount depends on the property's value and familial relationship. Proper reporting and timely filing are essential to avoid penalties.
At Istanbul Lawyer Firm, our English-speaking lawyers in Turkey assist clients in probate matters, inheritance disputes, and cross-border estate planning.
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