When dealing with inheritance matters in Turkey, choosing experienced Turkish inheritance lawyers is essential for protecting assets, resolving disputes, and ensuring full compliance with Turkish Civil Code provisions.
At Akkas & Associates Law Firm, we have provided probate and inheritance law services to foreign and local clients since 1992. Our team handles every stage of the inheritance process, including wills, estates, property transfer, succession disputes, and international probate matters.
Table of Contents
- Understanding Turkish Inheritance Law in 2025
- Why You Need a Turkish Inheritance Lawyer
- The Inheritance Process in Turkey
- Foreign Nationals and Turkish Inheritance Law
- Legal Heirs Under Turkish Law
- Reserved Portions and Forced Heirship
- Estate Planning for Those with Turkish Assets
- Common Challenges and How Lawyers Help
- Inheritance Tax in Turkey
- Frequently Asked Questions
- 1. Can foreigners inherit property in Turkey?
- 2. How long does the inheritance process take in Turkey?
- 3. Do I need to travel to Turkey to claim my inheritance?
- 4. What happens if there is no will?
- 5. Can a Turkish will override inheritance rights?
- 6. What are the costs of hiring a Turkish inheritance lawyer?
- 7. How is inheritance tax calculated in Turkey?
- Protect Your Inheritance Rights with Expert Legal Guidance
- Contact our Turkish Inheritance Lawyers
Understanding Turkish Inheritance Law in 2025
Turkish inheritance law operates under the Turkish Civil Code and is based on the principle of forced heirship, which ensures that certain family members have legally protected inheritance rights that cannot be completely disinherited. This system differs significantly from many Western legal frameworks, making professional legal guidance essential.
The Turkish inheritance system recognizes both legal heirs (those entitled by law) and appointed heirs (those named in a will). Upon death, heirs assume not only the assets but also the debts of the deceased, and if an heir does not wish to accept the inheritance, they must formally renounce it within three months of learning of the death.
Key Principles of Turkish Inheritance Law
Turkish inheritance law is built on several foundational concepts. The most important is the reserved portion (saklı pay), which guarantees minimum shares to specific heirs regardless of the deceased’s wishes. This protection typically extends to spouses, children, and in some cases, parents.
For immovable property like land or buildings located within Turkey, Turkish inheritance law governs the succession, even if there is a will from another country. This territorial principle means that all real estate in Turkey follows Turkish legal procedures, making local legal representation essential.
Why You Need a Turkish Inheritance Lawyer
The complexity of Turkish inheritance procedures makes working with experienced Turkish inheritance lawyers invaluable. Professional legal representation can help you navigate bureaucratic hurdles, avoid costly mistakes, and ensure your inheritance rights are fully protected.
Services Provided by Turkish Inheritance Lawyers
Turkish inheritance lawyers offer comprehensive legal services throughout the inheritance process:
Certificate of Inheritance (Veraset İlamı): This crucial document establishes the legal heirs and their shares, enabling the transfer of assets. Your lawyer will prepare and file all necessary petitions with Turkish courts or notaries to obtain this essential document.
Document Authentication: All non-Turkish documents must be apostilled under the Hague Convention or legalized by the relevant Turkish consulate, and translated into Turkish by a sworn translator. Inheritance lawyers coordinate this entire authentication process.
Estate Planning and Will Preparation: Lawyers can help you draft legally valid wills in Turkey that comply with both Turkish law and your home country’s regulations, ensuring your wishes are honored.
Property Transfer Procedures: After obtaining the certificate of inheritance, lawyers manage the title deed transfer at the Land Registry Office, ensuring proper registration of ownership.
Tax Compliance: Turkish inheritance lawyers help calculate, declare, and pay inheritance taxes within legal timeframes to avoid penalties and interest charges.
Dispute Resolution: When conflicts arise among heirs or questions emerge about inheritance shares, lawyers provide mediation services and court representation.
The Inheritance Process in Turkey
Understanding the step-by-step process helps foreign heirs prepare adequately for what lies ahead.
Step 1: Obtaining the Death Certificate
The inheritance process begins with securing an official death certificate. If death occurred in Turkey, Turkish authorities issue this document. For deaths abroad, the foreign death certificate must be officially certified and translated into Turkish.
Step 2: Applying for Certificate of Inheritance
Foreign heirs must apply to the Civil Court of Peace in Turkey rather than a notary, as notaries are not authorized to issue inheritance certificates involving foreign elements. This application requires comprehensive documentation proving your relationship to the deceased.
Required documents typically include:
- Death certificate (translated and apostilled)
- Proof of kinship (birth certificates, family registries)
- Valid passport or identification
- Marriage certificates if applicable
- Any existing wills
The court will issue the Certificate of Inheritance, which officially recognizes the heirs’ rights to the deceased’s assets and is definitive for concluding all further legal transactions.
Step 3: Filing Inheritance Tax Declaration
In Turkey, inheritance taxes must be filed and paid before the Certificate of Inheritance can be issued, with rates varying based on the value of the estate and the heir’s relationship to the deceased. Turkish inheritance lawyers ensure timely filing to avoid penalties.
According to current regulations, spouses, children, and parents often receive favorable tax treatment, with other heirs paying rates between 1% and 10% based on the estate value and their relationship to the deceased.
Step 4: Property Transfer and Asset Distribution
Once the certificate is obtained and taxes are paid, heirs must complete the actual transfer of assets. For real estate, this involves registering the new ownership at the Land Registry Office (Tapu). For bank accounts and financial assets, the certificate allows heirs to access and distribute these funds.
Foreign Nationals and Turkish Inheritance Law
Turkish law provides equal inheritance rights to foreign nationals, allowing them to inherit on the same terms as Turkish citizens. However, foreign heirs face additional procedural requirements that make legal representation even more critical.
Jurisdictional Considerations
The distribution of movable property such as money or personal belongings is governed by the law of the deceased’s nationality, while immovable property located within Turkey follows Turkish inheritance law. This dual system requires careful coordination, particularly for estates spanning multiple countries.
Reciprocity Agreements
Turkey maintains reciprocity agreements with many countries regarding inheritance rights. Your Turkish inheritance lawyer can verify whether such an agreement exists with your home country and how it affects your inheritance claim.
Document Requirements for Foreign Heirs
Foreign heirs must ensure all documents meet Turkish legal standards. This includes proper apostille certification under the Hague Convention or consular legalization for countries not party to the convention. Every document in a foreign language requires certified translation by a sworn Turkish translator.
Legal Heirs Under Turkish Law
Turkish inheritance legislation defines a clear line of succession: first-degree heirs include the children of the deceased, with surviving spouses always inheriting alongside other legal heirs.
Order of Legal Heirs
The Turkish Civil Code establishes three classes of blood relatives:
First Class: Children and their descendants (grandchildren). All children, whether biological or legally adopted, have equal rights.
Second Class: Parents and their descendants (siblings of the deceased). This class inherits only when there are no first-class heirs.
Third Class: Grandparents and their descendants (aunts, uncles, cousins). This class inherits only in the absence of first and second-class heirs.
Spousal Rights
Surviving spouses are entitled to at least one-quarter of the estate when there are descendants, and one-half when there are no descendants but surviving parents or siblings of the deceased. These protections ensure financial security for surviving spouses.
Reserved Portions and Forced Heirship
One of the most distinctive features of Turkish inheritance law is the concept of reserved portions (saklı pay). Certain heirs, including descendants, ascendants, and the surviving spouse, have a legally protected share of the inheritance that cannot be fully overridden by a will.
This means that even if a will exists, it cannot deprive protected heirs of their minimum statutory shares. The reserved portions are:
- Children: Collectively entitled to one-half of the estate
- Spouse: One-quarter to three-quarters, depending on other heirs
- Parents: Protected when no descendants exist
Turkish inheritance lawyers help navigate these complex calculations to ensure everyone receives their lawful share while respecting the deceased’s testamentary wishes to the extent legally possible.
Estate Planning for Those with Turkish Assets
Proactive estate planning is essential for anyone owning assets in Turkey. Turkish inheritance lawyers can help you create comprehensive estate plans that minimize future complications for your heirs.
Drafting a Valid Turkish Will
Creating a legally valid will in Turkey requires adherence to specific formalities. Wills must be drafted and notarized before a Turkish notary public, requiring two witnesses and a sworn translator if the testator doesn’t speak Turkish. This notarized will offers the most secure protection and is legally binding and difficult to challenge.
Alternative will formats exist, including handwritten wills, but these carry higher risks of disputes. Your inheritance lawyer can advise which format best suits your circumstances.
International Estate Planning Considerations
For individuals with assets in multiple countries, coordinating inheritance laws across jurisdictions is crucial. EU citizens may include a “professio juris” clause to elect their home country law under EU Succession Regulation, though this doesn’t override Turkish law for immovable property in Turkey.
Your Turkish inheritance lawyer can work with legal professionals in your home country to create coordinated estate plans that minimize conflicts and tax burdens.
Common Challenges and How Lawyers Help
Inheritance proceedings in Turkey present various challenges, especially for foreign heirs unfamiliar with the legal system.
Language Barriers
All Turkish legal proceedings occur in Turkish. Inheritance lawyers fluent in multiple languages can communicate effectively with foreign clients while ensuring all legal documents are properly translated and understood.
Timeline and Bureaucracy
Without a clear will, heirs must petition Turkish courts for a Certificate of Inheritance, which involves translating and notarizing foreign documents, proving heirship through certificates, and resolving disputes among heirs, with an average timeline of 6-18 months. Experienced lawyers expedite this process through proper preparation and knowledge of court procedures.
Disputes Among Heirs
Conflicts frequently arise when multiple heirs have different expectations or interpretations of inheritance shares. Turkish inheritance lawyers provide mediation services and, when necessary, vigorous court representation to protect your interests.
Hidden Debts and Liabilities
Since Turkish law follows the principle of universal succession, heirs inherit both assets and debts. Lawyers conduct thorough estate assessments to identify potential liabilities and advise on whether accepting or renouncing the inheritance serves your best interests.
Property in Restricted Areas
Foreign heirs may face restrictions on inheriting property in certain strategic areas near military zones or borders. Inheritance lawyers identify these restrictions early and explore legal solutions, including property sales or ownership transfers.
Inheritance Tax in Turkey
Understanding tax obligations is crucial for all heirs. Turkey imposes no tax on transfers to spouses, children, or parents, while other heirs pay 1-10% based on their relationship and the estate’s value.
Tax Filing Requirements
Inheritance tax declarations must be submitted to the relevant tax office within specific timeframes. Late filing results in interest charges and penalties. Turkish inheritance lawyers ensure timely compliance and help minimize your tax burden through legal deductions and exemptions.
Frequently Asked Questions
1. Can foreigners inherit property in Turkey?
Yes, foreign nationals have full inheritance rights in Turkey equal to those of Turkish citizens. However, foreign heirs must obtain a Certificate of Inheritance from Turkish courts and may face additional documentation requirements, including apostilled and translated certificates proving their relationship to the deceased.
2. How long does the inheritance process take in Turkey?
The timeline varies significantly based on case complexity. Simple cases with clear documentation and cooperative heirs may conclude in 3-6 months. However, cases involving foreign heirs, disputed claims, or complex estates can take 6-18 months or longer. Working with experienced Turkish inheritance lawyers significantly reduces delays.
3. Do I need to travel to Turkey to claim my inheritance?
Not necessarily. Turkish inheritance lawyers can obtain power of attorney to act on your behalf throughout the process. Many procedures can be completed remotely, though some situations may require your physical presence or appearance at the Turkish consulate in your country of residence.
4. What happens if there is no will?
When someone dies without a valid will (intestate), Turkish law determines inheritance distribution through statutory succession rules. The estate passes to legal heirs in a predetermined order: first to descendants and spouse, then to parents and siblings, and finally to grandparents and their descendants. The court issues a Certificate of Inheritance based on these legal provisions.
5. Can a Turkish will override inheritance rights?
Only partially. While testators have freedom to distribute part of their estate through a will, Turkish law protects the reserved portions (saklı pay) of certain heirs. These protected shares cannot be eliminated through testamentary dispositions. A will can only freely distribute the portion of the estate that exceeds the statutory reserved shares.
6. What are the costs of hiring a Turkish inheritance lawyer?
Legal fees vary based on estate complexity, property value, and services required. Most Turkish inheritance lawyers offer transparent fee structures, either charging hourly rates or percentage-based fees (typically 3-5% of estate value). Initial consultations are often free, allowing you to understand costs before committing. The investment in professional legal representation typically saves money by avoiding costly errors and expediting the process.
7. How is inheritance tax calculated in Turkey?
Inheritance tax rates depend on two factors: the relationship between the deceased and the heir, and the total value of inherited assets. Immediate family members (spouses, children, parents) often receive favorable treatment or exemptions. Other heirs pay progressive rates from 1% to 10%. Your Turkish inheritance lawyer calculates exact tax obligations and identifies applicable deductions.
Protect Your Inheritance Rights with Expert Legal Guidance
Understanding Turkish inheritance law is essential for anyone dealing with estates in Turkey, whether as a potential heir or someone planning their legacy. The complexity of forced heirship rules, certificate requirements, tax obligations, and property transfer procedures makes professional legal representation invaluable.
Turkish inheritance lawyers provide the expertise, local knowledge, and personalized guidance necessary to navigate this intricate legal landscape. From obtaining the certificate of inheritance to completing property transfers and ensuring tax compliance, experienced legal professionals protect your interests at every step.
Contact our Turkish Inheritance Lawyers
At Akkas & Associates Law Firm, we have provided exceptional probate and inheritance law services in Istanbul since 1992. Our multilingual team of experienced Turkish inheritance lawyers understands the unique challenges faced by foreign heirs and international families dealing with Turkish estates.
Whether you need assistance obtaining a certificate of inheritance, transferring property titles, navigating inheritance tax requirements, or resolving disputes among heirs, our full-service law firm offers comprehensive legal solutions tailored to your specific situation. We combine three decades of experience with modern legal strategies to protect your inheritance rights and secure your family’s legacy.
Don’t navigate Turkish inheritance law alone. Contact Akkas & Associates Law Firm today for a consultation with our experienced Turkish inheritance lawyers. Let us guide you through every step of the inheritance process with professionalism, compassion, and expertise. Your legacy deserves protection—and we’re here to provide it.
Please fill out and submit the form below to make an appointment.
