Turkish probate law governs how a deceased person’s estate is administered, distributed, and legally transferred to rightful heirs. As Akkas & Associates Law Firm, we have been assisting clients with probate, inheritance, and estate matters since 1992. Our team provides multilingual legal support to help families navigate the legal complexities surrounding Turkish probate procedures.
Understanding how probate works is crucial for both Turkish citizens and foreigners with assets in Turkey. Our probate lawyers in Istanbul explain the essentials of Turkish probate law in 2025, including certificate of inheritance proceedings, court procedures, estate administration, and the role of probate lawyers.
Table of Contents
- The Cornerstone of Turkish Inheritance: Applicable Law
- FAQs on Turkish Probate Law
- Q1: What is the main difference between Turkish and Western probate law?
- Q2: Can a foreigner inherit real estate in a military zone in Turkey?
- Q3: What happens if the deceased did not leave a will?
- Q4: How long does the entire probate process take in Turkey?
- Q5: If I am a foreign heir, do I have to travel to Turkey to complete the probate process?
- Contact us for Turkish Probate Law Services
Probate, or Inheritance Law, in Turkey is a structured and highly regulated field, crucial for anyone with assets—especially immovable property—within the Republic’s borders. For international heirs, understanding the specific procedures governed by the Turkish Civil Code and international private law is not just helpful—it’s essential for a successful claim.
As Akkas & Associates Law Firm, a leading full-service law firm in Istanbul since 1992, we specialize in providing clear, professional, and multilingual guidance through these complex processes.
The Cornerstone of Turkish Inheritance: Applicable Law
When a person passes away leaving behind assets in Turkey, the first crucial step is determining the applicable law. This is where Turkey’s legal framework distinguishes between types of assets:
- Immovable Property (Real Estate): Regardless of the deceased’s nationality or residence, the inheritance of all real estate in Turkey (land, apartments, houses) is always governed by Turkish law. This is a non-negotiable principle under the Turkish International Private and Procedural Law Act.
- Movable Property (Bank Accounts, Vehicles): For movable assets, the law of the deceased’s nationality generally applies. However, the legal procedure to claim and transfer these assets still takes place in Turkey, often requiring a Turkish court process.
This dual system means a foreign heir will almost certainly need expert local legal counsel to navigate both the Turkish law governing property and the foreign law potentially governing other assets.
The Core Legal Document: Certificate of Inheritance
The most vital document in the Turkish probate process is the Certificate of Inheritance, known in Turkish as a Veraset İlamı.
- This official document legally confirms the deceased’s death, identifies all rightful heirs (legal or appointed), and specifies the proportional share of the estate each heir is entitled to receive.
- For Turkish citizens with simple inheritance cases, this certificate can often be obtained from a notary public.
- For foreign nationals, and in all cases involving complex or contested matters, the application for the Veraset İlamı must be made to a Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi).
Obtaining this certificate requires submitting translated and Apostilled or legalized documentation, such as the death certificate, proof of kinship (birth, marriage certificates), and, if one exists, the foreign or Turkish will. Our Turkish inheritance lawyers are experts at preparing and submitting the entire application package to ensure its smooth acceptance by the court.
Reserved Shares and the Role of a Will in Turkey
Turkish inheritance law strictly protects the shares of certain close relatives, known as the “forced share” or reserved portion (saklı pay). Even if a deceased person left a will (testate succession), they cannot entirely exclude their closest family members from the estate.
The legally protected heirs and their reserved portions include:
- Descendants (Children): A portion of their statutory share.
- Parents: A portion of their statutory share, if no descendants exist.
- Surviving Spouse: Their share varies based on which class of heirs they inherit with.
A will in Turkey can only distribute the remaining portion of the estate, known as the “disposable share” (tasarruf edilebilir kısım).
Key Steps in the Turkish Probate Process
The process for claiming inheritance in Turkey typically follows these crucial steps:
- Obtain the Death Certificate: The death must be officially registered, either in Turkey or through a foreign authority with Apostille/legalization and sworn Turkish translation.
- Apply for the Certificate of Inheritance (Veraset İlamı): This is the mandatory court/notary process described above, confirming legal heirship and shares.
- Pay Inheritance Tax: Before any transfer of immovable property can occur, the applicable inheritance and transfer tax (Veraset ve İntikal Vergisi) must be calculated and paid to the Turkish Tax Office. This tax is progressive, ranging from 1% to 10% for the closest relatives, depending on the asset value.
- Transfer the Assets:
- Real Estate: The heir(s) must apply to the Land Registry Office (Tapu and Cadastre Directorate) for a title deed transfer (Tapu İntikali), presenting the Veraset İlamı and proof of tax payment.
- Movable Assets: Bank accounts and other financial assets are released or transferred via the relevant institutions upon presentation of the court-issued Veraset İlamı.
Foreign Heirs and International Considerations
As an international law firm, we frequently assist foreign nationals inheriting assets in Turkey. Navigating this process requires specialized knowledge of international law principles:
- Recognition of Foreign Wills: A foreign will is not automatically recognized. It must undergo a recognition and enforcement process, known as tanıma ve tenfiz, in a Turkish court to be validly executed for assets located in Turkey.
- Double Taxation Treaties: Turkey has treaties with many countries to prevent heirs from being taxed on the same inheritance twice. Legal advice is necessary to leverage these treaties and minimize tax liability.
- Renunciation of Inheritance: Heirs in Turkey inherit both assets and the deceased’s liabilities (debts). The law allows an heir to officially reject or renounce the inheritance within a strict three-month period from the date of learning about the death.
FAQs on Turkish Probate Law
Q1: What is the main difference between Turkish and Western probate law?
The key difference is the concept of reserved portion (saklı pay). Turkish law strictly reserves a mandatory share of the estate for descendants, parents, and the surviving spouse, which cannot be overridden entirely by a will.
Q2: Can a foreigner inherit real estate in a military zone in Turkey?
No. There are specific restrictions on property ownership and inheritance for foreign nationals concerning military zones and certain strategically important regions. An expert lawyer must perform due diligence on the property’s status.
Q3: What happens if the deceased did not leave a will?
In cases of intestate succession (no valid will), the deceased’s assets are distributed strictly according to the statutory order of legal heirs defined in the Turkish Civil Code (Heir Classes: 1st-Descendants, 2nd-Parents, 3rd-Grandparents, plus the surviving spouse).
Q4: How long does the entire probate process take in Turkey?
A straightforward case with no disputes and complete, properly legalized documents can take a few weeks to a couple of months to secure the Certificate of Inheritance and pay the tax. However, complex cases, those involving disputes, or requiring the recognition of a foreign court decision can take significantly longer, often six months or more.
Q5: If I am a foreign heir, do I have to travel to Turkey to complete the probate process?
No. With a valid Power of Attorney (PoA) granted to your Turkish lawyer, they can perform all necessary actions on your behalf, including applying for the Veraset İlamı, paying taxes, and completing the title deed transfer at the Land Registry Office.
Contact us for Turkish Probate Law Services
Navigating the intricacies of Turkish probate law, especially as an international heir dealing with issues like the Certificate of Inheritance and Inheritance Tax, demands meticulous legal guidance.
If you need legal assistance for probate law in Turkey, Turkish inheritance procedures, or estate distribution in 2025, our experienced team is ready to help. Akkas & Associates Law Firm provides comprehensive probate services for both Turkish citizens and foreigners.
Contact Akkas & Associates Law Firm today to speak with an experienced Istanbul Inheritance Lawyer and ensure your assets are handled efficiently and in full compliance with the Turkish Civil Code.
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