Akkas & Associates Law Firm has been assisting clients in probate and inheritance matters in Turkey since 1992. One of the most important legal documents required during the inheritance process is the Turkish Certificate of Inheritance, also known as the veraset ilamı. This document legally identifies the heirs and determines their respective shares in the deceased person’s estate.
Whether you are a Turkish citizen or a foreign national inheriting property in Turkey, understanding the procedure for obtaining this certificate in 2025 is crucial.
Table of Contents
- What Is the Turkish Certificate of Inheritance?
- Why Is the Certificate of Inheritance Necessary?
- Where and How to Apply for a Certificate of Inheritance in 2025
- Certificate of Inheritance for Foreign Nationals
- Timeframe for Obtaining the Certificate
- Validity of the Certificate of Inheritance
- FAQs About Turkish Certificate of Inheritance
- Q1: Can a Certificate of Inheritance be challenged or cancelled?
- Q2: What happens after the Turkish Certificate of Inheritance is issued?
- Q3: How does a Turkish will affect the certificate?
- Q4: Is a lawyer mandatory for getting the certificate?
- Q5: If the deceased was an American citizen, which country's law applies to their Turkish real estate?
- Contact us for Obtaining a Turkish Certificate of Inheritance
What Is the Turkish Certificate of Inheritance?
The Certificate of Inheritance is a court-issued document proving who the legal heirs of the deceased are and how the estate should be distributed. In Turkey, both civil courts of peace and notaries may issue this certificate, depending on the circumstances.
Foreign nationals dealing with assets in Turkey—such as real estate, bank accounts, or company shares—must obtain this document before the estate can be transferred.
Understanding the Turkish Certificate of Inheritance
The Turkish Certificate of Inheritance is a legally binding document issued by a competent Turkish authority (either a Civil Court of Peace or a Notary Public) that declares who the rightful heirs of a deceased person are, based on the Turkish Civil Code (Law No. 4721).
It acts as legal proof of heirship, allowing the beneficiaries to exercise their rights over the deceased’s property and assets located in Turkey.
Who is Eligible to Apply for the Certificate?
Any legal heir of the deceased person can apply for this certificate. Heirship is determined according to the rules of intestate succession in Turkish law, which prioritizes:
- First Degree: The descendants (children, grandchildren).
- Second Degree: The parents of the deceased and their descendants (siblings, nephews, nieces).
- Third Degree: The grandparents of the deceased and their descendants (aunts, uncles).
- The Surviving Spouse: The spouse inherits alongside the heirs of the first, second, or third degree, with varying proportions.
- The State: If no legal heirs are found, the estate passes to the State.
Crucial Note: If a valid Turkish will exists, the certificate will reflect the distributions outlined in the will, provided it has been successfully submitted for execution (will probate) to the court.
Why Is the Certificate of Inheritance Necessary?
Heirs cannot legally take possession or transfer ownership of assets in Turkey without this certificate. It is required for:
- Property transfer at the Land Registry
- Accessing bank accounts
- Transferring vehicles
- Handling company shares
- Completing probate procedures
- Paying inheritance tax
Without the certificate, heirs cannot proceed with any estate-related actions.
Where and How to Apply for a Certificate of Inheritance in 2025
Applications for a Turkish Certificate of Inheritance can be filed with:
- Civil Courts of Peace (Sulh Hukuk Mahkemesi)
- Notaries (if all heirs are Turkish citizens)
Foreigners or dual nationals must apply through the courts, as notaries generally do not issue inheritance documents to non-Turkish nationals.
The method for obtaining the Certificate of Inheritance depends on whether the deceased was a Turkish citizen or a foreign national, and the complexity of the case.
1. Via Notary Public (Simpler Cases)
For cases involving Turkish citizens and when the deceased has a registered lineage in the Turkish Population Register, the simplest path is often a direct application to a Turkish Notary Public. This method is generally faster.
2. Via Civil Court of Peace (Complex Cases)
A Court application is necessary in the following circumstances:
- The deceased was a foreign national (non-Turkish citizen).
- The deceased was a Turkish citizen, but there is no registered lineage (e.g., no population record).
- There is a dispute among the heirs.
- The application includes a will that needs to be officially executed.
Akkas & Associates Law Firm regularly handles these court applications, ensuring all necessary documentation is presented correctly. For more details on the court process, you can explore our page on Turkish Inheritance Law.
Required Documents
- Death certificate
- Passport copies of heirs
- Family registry or genealogy reports
- Proof of last residence of the deceased
- Power of attorney (if a lawyer will handle the process)
Please note that foreign documents must be apostilled or legalized, translated into Turkish, and notarized.
Certificate of Inheritance for Foreign Nationals
In 2025, Turkey continues to recognize foreign succession laws in certain circumstances. However, when the deceased owns real estate in Turkey, Turkish inheritance law applies exclusively.
Foreign nationals often face additional procedural steps, including obtaining a foreign probate decision or family certificate from their home country. This is why legal representation in Turkey is highly recommended.
For more information about probate processes, visit our page on Istanbul probate lawyers.
You may also review our guide on Turkish inheritance law for an in-depth understanding of applicable rules.
Timeframe for Obtaining the Certificate
Most cases are concluded within 1–3 months, depending on:
- Completeness of documentation
- Number of heirs
- Whether documents must be legalized abroad
- Whether the court requests additional information
Proper legal preparation can significantly shorten the process.
Validity of the Certificate of Inheritance
The Certificate of Inheritance does not expire. However, if a new heir is discovered later or if the will is contested, the certificate may be updated by the court.
FAQs About Turkish Certificate of Inheritance
Q1: Can a Certificate of Inheritance be challenged or cancelled?
A: Yes. An existing Certificate of Inheritance can be challenged in the Civil Court of Peace by any person who believes they have a better right to the inheritance or that the shares are incorrect. This is called a Certificate of Inheritance Annulment Case.
Q2: What happens after the Turkish Certificate of Inheritance is issued?
A: Once issued, the certificate allows the heirs to take control of the estate. The key steps are: 1. Payment of the Inheritance Tax (due within 4 months for residents, 6-8 months for non-residents). 2. Transfer of immovable property titles (Tapu) at the Land Registry Office. 3. Accessing and liquidating bank accounts and other movable assets.
Q3: How does a Turkish will affect the certificate?
A: If a valid Turkish will exists, it must first be submitted to the Civil Court of Peace for probate. Once the court verifies the will and pronounces it valid, the Certificate of Inheritance will be issued, reflecting the terms of the will (while still respecting the compulsory reserve portions, or saklı pay, of forced heirs).
Q4: Is a lawyer mandatory for getting the certificate?
A: While not legally mandatory, it is highly recommended, especially for foreign nationals or cases involving property and complex heirship. A Turkish lawyer simplifies the process, particularly regarding document legalization, court filings, and the subsequent tax and property transfer procedures.
Q5: If the deceased was an American citizen, which country’s law applies to their Turkish real estate?
A: The Turkish Private International and Procedural Law (Law No. 5718) explicitly states that the law of the location of the immovable property governs the transfer and succession of that property. Therefore, Turkish inheritance law applies to all real estate located in Turkey, regardless of the deceased’s nationality.
Contact us for Obtaining a Turkish Certificate of Inheritance
If you need assistance obtaining a Turkish Certificate of Inheritance, our experienced team can guide you through every step, from document preparation to court representation. Akkas & Associates Law Firm is committed to providing clear, efficient, and reliable legal solutions for heirs in Turkey and abroad.
For professional support regarding probate, wills, estate planning, and inheritance certificates in Turkey, please contact us today.
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