Istanbul’s dynamic property market, diverse expatriate population, and complex legal regulations make it essential for individuals to seek guidance from qualified Istanbul inheritance lawyers.
Navigating inheritance matters in Turkey requires specialized legal expertise, particularly when dealing with complex family dynamics, international assets, or contested estates. Whether you’re a Turkish citizen planning your estate or a foreign national with property in Istanbul, understanding the role of inheritance lawyers and the legal framework governing succession is essential for protecting your rights and securing your legacy.
Since 1992, Akkas & Associates Law Firm has been one of Istanbul’s most respected full-service law firms, offering dependable probate, inheritance, and estate law services to local and international clients. Our multilingual legal team assists heirs, foreign nationals, and families with every aspect of Turkish inheritance law.
Table of Contents
- Understanding Turkish Inheritance Law in 2025
- Why You Need Specialized Istanbul Inheritance Lawyers
- Key Services Provided by Istanbul Inheritance Lawyers
- Why You Need an Istanbul Inheritance Lawyer
- Probate Procedures in Türkiye
- Foreigners and Inheritance in Türkiye
- Forced Heirship in Turkish Law
- Wills in Turkey
- Understanding Turkish Inheritance Law
- FAQs About Istanbul Inheritance Lawyers
- Contact our Istanbul Inheritance Lawyers
Understanding Turkish Inheritance Law in 2025
Turkish inheritance law is governed primarily by the Turkish Civil Code (Law No. 4721), specifically Articles 495 through 682, which establish comprehensive regulations for succession, testamentary dispositions, and the rights of heirs. The system balances testamentary freedom with family protection through the concept of reserved portions (saklı pay).
The reserved portion guarantees statutory shares to certain heirs, limiting the testator’s ability to freely dispose of their estate. This means that children, spouses, and parents are entitled to a minimum percentage of the estate regardless of what a will specifies. For example, surviving spouses receive at least one-quarter of the estate when there are descendants, and one-half when there are no descendants but surviving parents or siblings.
Understanding these fundamental principles is crucial for anyone planning their estate or claiming an inheritance in Istanbul. The legal landscape differs significantly from many Western jurisdictions, making professional legal guidance indispensable.
Why You Need Specialized Istanbul Inheritance Lawyers
Inheritance matters in Istanbul involve intricate legal procedures that require specialized knowledge and experience. Professional inheritance lawyers provide essential services that protect your interests throughout the succession process.
Comprehensive Legal Representation
Istanbul inheritance lawyers handle all aspects of probate administration, from initial consultations to final asset distribution. They guide clients through obtaining certificates of inheritance, filing necessary court documents, and ensuring compliance with Turkish legal requirements. Their expertise ensures that estates are managed efficiently with minimal disruption to families during difficult times.
Expert Will Preparation and Estate Planning
Creating a legally binding will that reflects your wishes while complying with Turkish law requires professional assistance. Turkish inheritance lawyers assist clients in preparing airtight wills that protect the interests of beneficiaries, whether you have straightforward or complex estate requirements. They ensure your testamentary documents are compliant with Turkish laws, mitigate potential disputes, and secure your loved ones’ future.
Estate planning extends beyond will preparation. Experienced lawyers help craft comprehensive strategies to protect and preserve assets during your lifetime while ensuring smooth transfer upon death. This includes implementing legal strategies to safeguard assets from potential creditors and advising on tax-efficient solutions.
Resolution of Inheritance Disputes
Inheritance conflicts can be emotionally charged and legally complex. Disputes frequently arise due to unclear wills, omitted heirs, forged documents, or violations of reserved share rights. Istanbul inheritance lawyers offer specialized representation in cases of contested wills and inheritance conflicts, adept at negotiating settlements and vigorously defending clients’ rights in court when necessary.
The protection afforded to statutory heirs under Turkish law means that if reserved shares are infringed, heirs may file for reduction claims or full annulment. Professional legal representation ensures these rights are enforced and disputes are resolved fairly.
Key Services Provided by Istanbul Inheritance Lawyers
Certificate of Inheritance (Veraset İlamı)
Before foreign heirs can access or claim inherited assets in Turkey, they must obtain an official Certificate of Inheritance that establishes who the legal heirs are and the proportion of the estate each is entitled to receive. This document is essential for taking legal possession of any inherited asset.
Istanbul inheritance lawyers manage the entire process of preparing, filing, and finalizing inheritance certificates. For foreign nationals, this includes gathering supporting documents, arranging sworn translations, and conducting court proceedings. Foreign heirs must apply to the Civil Court of Peace in Turkey rather than a notary, as notaries cannot issue inheritance certificates involving foreign elements.
Property Transfer and Title Deed Procedures
Following issuance of the inheritance certificate, heirs must apply to the local land registry office to update the title deed. Istanbul inheritance lawyers facilitate these transfers, ensuring all documentation meets legal requirements. They handle the preparation of title transfer applications and coordinate with land registries to expedite the recognition of inheritance rights.
While there is no deed transfer fee for inherited properties, the inheritance itself is subject to inheritance tax based on the value of the real estate. Legal professionals ensure proper tax compliance and help clients file for exemptions or installment plans where available.
Why You Need an Istanbul Inheritance Lawyer
Inheritance procedures in Türkiye require compliance with strict legal standards. Whether you are an heir living abroad, a foreign national with assets in Türkiye, or a family seeking clarity after a loved one’s death, professional assistance ensures a smooth and compliant process.
Key reasons to hire an inheritance lawyer:
- Understanding the Turkish Civil Code provisions on forced heirship
- Managing complex estates that involve real estate, bank accounts, and debts
- Ensuring validity and proper execution of wills
- Handling cross-border probate issues for foreign heirs
- Representing clients before Turkish courts and notary offices
Probate Procedures in Türkiye
The probate process begins after the death of a property owner. Turkish courts or notaries issue the Certificate of Inheritance (Mirasçılık Belgesi), which officially identifies the legal heirs.
Steps in the Turkish probate process:
- Verification of heirs through court or notary
- Review of assets including property, accounts, and investments
- Calculation of heir shares based on Turkish forced-heirship rules
- Transfer of title deeds and registration with the Land Registry
- Tax assessments and payments
For foreign heirs, all documents must be properly translated, notarized, and apostilled. This often requires guidance from experienced lawyers familiar with international procedures.
Foreigners and Inheritance in Türkiye
Foreign nationals may inherit property and assets in Türkiye with minimal restrictions. However, they often encounter additional procedural steps.
Issues commonly affecting foreign heirs:
- Validity of foreign wills in Türkiye
- Apostille authentication of documents
- Tax obligations for non-resident heirs
- Transfer of real estate and funds abroad
At Akkas & Associates Law Firm, our team routinely handles cases for clients in Europe, the Middle East, North America, and Asia.
Forced Heirship in Turkish Law
Türkiye follows a strict forced-heirship system, meaning certain family members—such as children, spouses, and parents—are legally entitled to a mandatory share of the estate. These shares cannot be entirely removed through a will.
Mandatory shares include:
- Spouse: Varies depending on co-heirs
- Children: Guaranteed portion of the estate
- Parents: If no children exist
Understanding these shares is crucial, especially when drafting or contesting wills.
Wills in Turkey
Individuals may prepare a will before a notary, in written form, or orally in emergencies. Foreign nationals may also rely on foreign wills, provided they meet Turkish legal standards.
Types of wills recognized in Türkiye:
- Notarized wills
- Holographic (handwritten) wills
- Oral wills (exceptional circumstances only)
Our lawyers provide guidance on drafting compliant wills and validating foreign wills.
The Role of an Istanbul Inheritance Lawyer
A qualified Istanbul inheritance lawyer serves as your dedicated guide through the often-challenging procedures of the Turkish legal system. Whether the deceased (the “decedent”) was a Turkish citizen or a foreign national who owned assets in Türkiye, specific legal steps must be followed to ensure the lawful transfer of property to the rightful heirs.
Our services cover the entire spectrum of probate and inheritance law, including:
- Obtaining a Certificate of Inheritance (Mirasçılık Belgesi): This crucial document legally establishes the heirs and their respective shares. It is the first formal step in the probate process.
- Drafting and Enforcing Turkish Wills: While many may not have a will, those that do must be correctly validated. We also assist clients in drafting legally sound Turkish wills to protect their assets.
- Estate Administration and Liquidation: Managing the decedent’s assets, settling debts, and distributing the estate according to law or the will.
- Contesting a Will (Tenkis or İptal Davası): Representing clients in actions to challenge the validity of a will or to demand a legally protected “reserved share” (saklı pay).
- Turkish Inheritance Tax Declaration: All inherited assets in Türkiye are subject to inheritance and transfer tax. We ensure timely and accurate tax declarations to avoid penalties.
Understanding Turkish Inheritance Law
Turkish inheritance law is primarily governed by the Turkish Civil Code (Law No. 4721). A key feature of this system is the principle of statutory heirship. If a valid will does not exist, the law dictates a specific order of priority for heirs:
- First Degree: The decedent’s children and spouse.
- Second Degree: The decedent’s parents and spouse.
- Third Degree: The decedent’s grandparents and spouse.
Even when a will exists, Turkish law protects the reserved share of immediate family members (descendants, parents, and spouse). Our experienced Istanbul inheritance lawyers ensure that your rights, including the reserved share, are fully protected during the probate process.
For a deeper understanding of real estate matters within an estate, you may find this resource helpful: Istanbul Real Estate Lawyers.
Probate for Foreign Nationals in Türkiye
A common question we receive from international clients is: “Does Turkish law apply to my estate?”
If the deceased owned immovable property (real estate, like an apartment or land) in Türkiye, Turkish law applies to that specific property, regardless of the decedent’s nationality or the location of their primary residence. This is a critical point of international private law.
For movable assets (bank accounts, shares, jewelry), Turkish courts typically look to the national law of the deceased at the time of their death. However, navigating the conflict of laws between your home country and Türkiye requires specialized expertise. This is where the multi-lingual proficiency and international experience of Akkas & Associates Law Firm become invaluable.
Our firm is well-versed in coordinating with foreign consulates and legal practitioners abroad to streamline the transfer of assets, a common need for clients seeking an experienced Istanbul probate lawyer.
The Importance of a Certificate of Inheritance
The Certificate of Inheritance (Mirasçılık Belgesi) is the cornerstone of the Turkish probate process. It is a court order (or notarized document for Turkish citizens) that formally recognizes the heirs and their legal shares in the estate. Without it, no legal action—such as transferring a title deed or closing a bank account—can proceed.
For foreign nationals, obtaining this certificate requires an application to the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) in the district where the assets are located. The court will require official documentation from your home country, often needing apostille certification and sworn Turkish translation. This procedural hurdle is precisely why clients trust Akkas & Associates Law Firm to manage the entire application process seamlessly.
To learn more about related procedural steps, please visit our section on: Turkish Litigation Lawyers.
Inheritance Tax in Türkiye
Türkiye imposes an Inheritance and Transfer Tax (Veraset ve İntikal Vergisi) on all assets acquired by inheritance. The tax rates are progressive and depend on the value of the inherited assets, ranging from 1% to 30%. The tax declaration must be filed within a specific period (usually four to eight months, depending on the circumstances). Failure to file on time results in significant penalties.
We provide comprehensive advice on tax liability, ensuring compliance with Turkish regulations. For external reference on tax matters, you can consult the official website of the Turkish Revenue Administration.
Real Estate Transfer and Title Deed Registration
The most common asset in Turkish estates is real property. Once the Certificate of Inheritance is secured, the next major step is transferring the property’s title deed (Tapu Senedi) to the rightful heirs at the Land Registry and Cadastre Directorate. This process involves:
- Settling the Inheritance Tax: Proof of payment or a clearance certificate is mandatory.
- Required Documentation: Original title deed, Certificate of Inheritance, and necessary identification.
Our Istanbul probate lawyers handle all aspects of the property transfer, ensuring that the new title deed reflects the correct fractional ownership of the heirs.
FAQs About Istanbul Inheritance Lawyers
Q: How long does the inheritance process typically take in Istanbul?
A: The timeline varies depending on case complexity, but the average timeline is 6–18 months. Simple cases with clear documentation and no disputes may conclude more quickly, while contested estates or those involving international elements can take considerably longer. Working with experienced Istanbul inheritance lawyers helps expedite the process by ensuring proper documentation from the outset.
Q: Can I completely disinherit my spouse or children in Turkey?
A: No. Turkish law protects certain family members through reserved portions. Spouses, children, and in some cases parents, are entitled to a legally protected share of the inheritance that cannot be fully overridden by a will. You can only freely dispose of the remaining portion of your estate after reserved shares are satisfied.
Q: Do I need a Turkish will if I already have one from my home country?
A: While not mandatory, it is highly recommended to draft separate wills for Turkish and foreign holdings. Turkish courts may override foreign wills for assets located in Turkey, and having a Turkish will prepared by qualified Istanbul inheritance lawyers ensures compliance with local requirements and avoids conflicts between legal systems.
Q: What happens to Turkish bank accounts when the account holder dies?
A: When a Turkish bank is notified of an account holder’s death, the account is frozen until the rightful heirs are identified. Heirs must present the certificate of inheritance to the bank to authorize release of the funds. Istanbul inheritance lawyers facilitate this process and ensure proper distribution according to inheritance shares.
Q: Are there inheritance taxes in Turkey, and how much will I pay?
A: Turkey imposes no inheritance tax on transfers to spouses, children, or parents. Other heirs face tax rates of 1–10% based on their relationship to the deceased and the value of inherited assets. Rates increase for more distant relatives and unrelated beneficiaries. Immediate family members enjoy the most favorable tax treatment.
Q: Can foreign nationals inherit property in Turkey?
A: Yes. Foreign nationals are permitted to inherit property in Turkey, assuming there are no specific restrictions related to their nationality or the property’s location. Foreign heirs receive equal treatment under Turkish inheritance law, though they must complete all required legal procedures including obtaining certificates of inheritance and updating title deeds.
Q: What is the reserved portion (saklı pay) in Turkish inheritance law?
A: The reserved portion is the minimum share of an estate that certain heirs are legally entitled to receive regardless of testamentary dispositions. Descendants, ascendants, and surviving spouses have a legally protected share that ensures their inheritance rights are protected. For example, children are entitled to half of their statutory share as a reserved portion, while spouses receive their full statutory share as a reserved portion.
Contact our Istanbul Inheritance Lawyers
Akkas & Associates Law Firm provides top-tier services for Turkish inheritance law. If you need support with probate, wills, or estate transfers in Turkey, our skilled Istanbul inheritance lawyers are ready to assist. With a strong focus on probate, will preparation, and expertise in handling inheritance disputes, our team of experienced Istanbul inheritance lawyers strives to offer peace of mind to our clients during challenging times.
Whether you need assistance in creating a will, navigating the probate process, or resolving inheritance conflicts, our firm is dedicated to safeguarding your interests and securing your legacy. Contact Akkas & Associates Law Firm today for comprehensive inheritance legal services in Turkey.
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