Here I will try to explain the inheritance law and procedure in Turkey. In case it helps I will tell you about what to do when a person who owns property or assets in Turkey and is not a Turkish citizen passed away.

When someone passes away in Turkey, the inheritors need to obtain an inheritance certificate from the court in Turkey which will let them transfer the ownership of the property into their names. In order to take this certificate, the court will demand some documents (birth, marriage and death certificates and providing sworn declarations that there are no other people who are more entitled to the Turkish assets.)

Who will inherit the inheritance depends on different factors. Immovable assets (land and properties) located in Turkey will be subject to Turkish laws. Movable assets (such as bank accounts, personal possessions, stocks and shares etc.) are subject to the laws of the deceased’s nationality. It is important if the deceased has any will.

If there is no will, the inheritance for a property is as follows;

• If the deceased had children, the children will be beneficiaries. If the deceased had a husband/wife they will also inherit a set share.
• If the deceased has no children, the deceased’s parents will inherit. If the deceased had a husband/wife they will also inherit a set share.
• If the deceased’s parents are not alive, the deceased’s siblings will be beneficiaries. If the deceased had a husband/wife they will also inherit a set share.
• The last of a deceased person’s heirs among his or her close relatives are the grandparents and their children. If the deceased had a husband/wife they will also inherit a set share.
• If none of the deceased’s next of kin survives, the entire estate goes to the surviving spouse (husband/wife).
• If the deceased leaves no surviving heirs, the estate becomes the property of the Turkish State.

After you receive the inheritance certificate from the court, the second step starts. The inheritors need to pay the tax of the inheritance and close the tax account of the deceased person.  The amount of the tax depends on the value of the assets .The tax office prepares a tax clearance document which shows the inheritance taxes have been paid.

And the last step is to register the property on the name of inheritors. The inheritors or their lawyer will apply at the title deed office with the inheritance certificate and the declaration from the tax office. Then the property will be registered on the names of the inheritors according to their shares written on the inheritance certificate.

If you have assets in more than one country, having individual wills will make it much less complicated for your heirs to deal with the process. And if you have any other questions about inheritance, you can send an e mail to the address written above.

Lawyer Fatih BARCIN