Probate is the legal procedure of administering the estate of a deceased individual. The legal framework of probate in Turkey is essential, making it easier for people to divide and administer their estates civilly and efficiently when they pass away. For this reason, comprehending the legal structure that oversees probate in Turkey is essential for individuals managing all aspects of inheritance and estate planning. The article aims to offer a perceptive examination of the legal complexities surrounding probate in Turkey, highlighting the steps of the procedure, how it is for foreign people and the details of inheritance tax.
The Probate Process in Turkey
According to Article 517 of the Turkish Civil Code, the probation period in Turkey is opened by death. The location of the inheritance opening is regarded as the deceased person's final residence court. For instance, as stated by Article 42 of Law No. 5718 of International Private Law and Procedural Law (MOHUK rules), guardianship, trusteeship, restriction, absence, and death decrees for a foreigner who does not have a residence in Turkey are given by the court of the place where the relevant person is a resident of Turkey, or if he is not a resident, the court of the place where his property is located.
After this, an inheritance certificate is received regarding the probate in Turkey. The court's ruling identifying the deceased's heirs and their respective estate shares is an inheritance certificate. In Turkey, the heirs cannot receive the deceased's estate without obtaining an inheritance certificate from the courts, regardless of whether the deceased left a will. The court will decide how to distribute the deceased's movables by their country's legislation if they did not depart a will. Under Turkish law, the deceased's real estate shall be divided among his or her lawful heirs.
The probate in Turkey can be challenging, yet you can get help from skilled and experienced Turkish inheritance lawyers. You can consult our English-speaking and experienced lawyers at Istanbul Lawyer Firm for this.
Determination of the Inheritors
Regarding determining the inheritors for the probate in Turkey, according to Turkish inheritance law, surviving spouses, children, parents, and other relatives can be accepted as inheritors.
Inheritance Tax Procedure
Addressing inheritance tax processes is the next phase in the probate in Turkey after the inheritors have been determined. The inheritance tax in Turkey is determined according to the value of the inherited assets and may apply to estates.
The executors' or administrators' responsibility is to ensure that any applicable inheritance taxes are accurately assessed and paid to the appropriate tax authorities. The estate will be shared and given to the heirs once the deceased's debts have been paid. Yet, the decision of how it is done should be made among the heirs within the context of probate in Turkey.
Registration of the Related Assets
Probate in Turkey involves the registration of related assets, which includes recording and documenting the assets that belonged to the deceased and is a crucial step in the Turkish probate process. Asset identification and valuation are two of the many components of this registration.
Upon completion of the registration procedure, the necessary authorities confirm the registration of the assets to the executor or administrator. This verification proves the rightful ownership or inheritors' entitlement to the property.
Disposal of The Assets
Regarding the probate in Turkey, the disposal of assets entails transferring ownership or liquidating assets following the deceased's wishes, as stated in their will or by the legal order of succession if there is no will. This process occurs after the deceased's assets have been located and valued and any outstanding debts have been paid off.
Probate Process for Foreigners
Foreigners may have to navigate the Turkish probate system if they have assets in Turkey or if their heirs live there. In these situations, it is critical to acknowledge the possible complications brought on by variations in inheritance laws, legal systems, and documentation requirements. Working with attorneys knowledgeable about Turkish probate law and who have previously handled overseas estate problems becomes necessary. Identification and assessment of the deceased's assets, handling of any tax consequences, and complying with Turkish legislation and any applicable foreign treaties or agreements are all common steps in the process.
If you are wondering about the probate process for foreign people in Turkey, you can also consult a lawyer in Turkey. The Turkish inheritance lawyers at our Turkish lawyer firm, Istanbul Lawyer Firm, can provide you with a consultancy in Turkish inheritance law. Also, language obstacles and unfamiliarity with Turkish legal terminology might be challenging for foreigners navigating the probate process. You can expect detailed and attentive services from our English-speaking lawyers in Turkey.
Inheritance Tax in Turkey
By the Turkish inheritance law, if assets are inherited or transferred within the boundaries of Turkey, foreigners are subject to inheritance tax like Turkish citizens. Inheritance tax in Turkey ranges from 1% to 30%, depending on the value of the inheritance and the degree of family ties between the deceased and his heir. It is also worth mentioning that every property has a unique proportion regarding probate in Turkey.
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