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Legal Istanbul / Private Law

Inheritance Law in Turkey
for International Families

Inheritance certificates, wills, estate transfers and disputes.
Legal advice for heirs in Turkey and family members abroad.

02 / Scope Of Representation

How We Assist with Inheritance Matters

We first review the family structure, known assets, debts and any will or earlier proceedings. Urgent questions about rejection, creditors or possible loss of assets should be raised before routine transfer work begins.

01

Heirs and Applicable Law

Assessing nationality, family records, inheritance shares and the law governing each part of the estate.

02

Certificates and Documents

Preparing applications for a certificate of inheritance and reviewing foreign records, translations and representation documents.

03

Estate and Transfer Work

Coordinating agreed bank enquiries, property procedures and tax matters with the appropriate professionals.

04

Planning and Disputes

Advising on wills, protected shares, division, challenged transfers and court proceedings where required.

The engagement identifies which heir or other interested person the firm represents. A shared family objective does not remove possible conflicts over shares, occupation or previous payments. Separate advice may be needed where interests differ.

Foreign proceedings, tax-return preparation, property sales and appeals are not automatically included in every instruction. The agreed scope explains who handles each part and when further approval is required.

03 / International Estates

Which Law Applies to Turkish Assets?

Article 20 of Law No. 5718 starts from the national law of the person who died. It makes an important exception for immovable property in Turkey, meaning land and buildings: Turkish law applies to that property. The nationality of the heir alone does not decide the law governing succession.

Different Questions In A Cross-Border Estate
QuestionStarting RuleFurther Review
Who inherits?The national law of the decedent under Article 20.Nationality, family status and the type of asset.
Land and buildings in TurkeyTurkish succession law applies.Protected shares and separate foreign-ownership restrictions.
Taking and dividing the estateArticle 20(2) refers to the law where the estate is located.Local procedures, debts and the transaction proposed.
Form of a willSeparate rules under Articles 7 and 20 and relevant treaties.Where and how it was made, nationality and legal capacity.

Marrying a Turkish citizen does not by itself make Turkish law govern every foreign asset. Multiple nationalities and different legal systems within one country also need attention. A foreign calculation of shares should not simply be copied onto a Turkish property transfer.

04 / The Family Structure

Legal Heirs and the Surviving Spouse

Where Turkish succession law applies, the Civil Code sets out groups of legal heirs. Children and their descendants come first, followed by the parental and grandparental groups under the statutory conditions. The surviving spouse inherits alongside the relevant group.

Surviving Spouse Shares Under Article 499
Other Eligible HeirsSpouse ShareRemaining Share
Children or other descendantsOne quarter.Three quarters pass within the descendant group.
Parents or their descendantsOne half.One half passes within the parental group.
Grandparents or their childrenThree quarters.One quarter passes to the eligible relatives in that group.
None of those eligible relativesThe whole estate.No remainder for a more remote relative alongside the spouse.

This table shows statutory shares, not a final calculation for every estate. A valid will, protected rights, debts and marriage-property claims must also be considered. Children within the same legal position are not given different shares because of gender.

Provide complete family records, including earlier marriages, adopted children and relatives who died before the person leaving the estate. A missing relative in a family summary can change the calculation. A previous foreign divorce may also require a separate review of its effect in Turkey.

05 / Limits On Estate Planning

Protected Shares and Lifetime Gifts

Turkish law protects certain close heirs through reserved shares. These are minimum protected parts of their legal inheritance, subject to the applicable rules. They limit how far a will or qualifying lifetime gift can reduce an heir's entitlement.

Under Article 506, descendants have a protected share equal to half their statutory share. Each parent's protected share is one quarter of that parent's statutory share. The surviving spouse's protection depends on the group with which they inherit. Siblings can be legal heirs but do not have a reserved share under the current rule.

A protected share is not always a percentage of the whole estate. For example, the protection for a child is calculated from that child's statutory entitlement. The estate value, relevant debts and gifts that must be considered affect the result.

A claim to reduce an excessive gift or will provision is different from a claim that the whole will is invalid. Disinheritance also has specific legal grounds. Family disagreement or disappointment alone should not be treated as sufficient. Review the documents and claim deadlines before accepting a settlement.

06 / Recording Your Wishes

Wills, Foreign Wills and Inheritance Agreements

A will should reflect the family circumstances and identify what it is intended to cover. Planning for Turkish property may require coordination with documents already made abroad. A new will should not accidentally revoke an earlier document covering another country.

Under Turkish domestic rules, an official will is made before an authorised official with two witnesses. A handwritten will must be written entirely by the person making it, dated with the year, month and day, and signed. A typed document with a signature does not meet that handwritten form. Oral wills are reserved for exceptional circumstances and have separate requirements.

Foreign wills need their own assessment. Their form, the person's legal capacity, the applicable succession law and any relevant international agreement are separate questions. A foreign will is not automatically ineffective, but it does not automatically override protected rights in Turkish real estate.

Naming someone as an heir and leaving them a particular asset can have different consequences. An inheritance agreement is also different from a will and follows its own formalities. After a death, opening and notifying a will does not by itself settle every dispute about its validity or complete each asset transfer.

07 / Evidence Of Entitlement

Obtaining a Certificate of Inheritance

A certificate of inheritance identifies the heirs and their shares. It is commonly called a veraset ilami or mirascilik belgesi. It is not a death certificate, a completed distribution or authority to represent every other heir.

Article 598 of the Civil Code provides for certificates through the Civil Court of Peace or, in eligible cases, a notary. The notarial route is restricted. Article 71/B of the Notaries Law excludes cases requiring judicial proceedings, insufficient population records and requests by foreigners. A foreign applicant should not assume that a routine notary appointment will be enough.

The court may need evidence of family relationships and relevant foreign law. An overseas probate document may identify an estate administrator without establishing all heirs and shares in the form needed for Turkish assets.

Recognition of a foreign judgment, use of foreign documents as evidence and a Turkish certificate application are different procedures. The legal nature of the foreign document must be checked first. A certificate of inheritance can also be challenged if it does not correctly reflect the heirs or their rights.

08 / Building The File

Death Records, Family Evidence and Asset Documents

Begin with the records already available. Missing documents can be identified during the review; an urgent debt or deadline should not wait until every certificate has been collected.

Documents Commonly Needed For An Estate Review
RecordPurposeDetails To Check
Death and identity recordsConfirm the person, death and nationality.Dates, names, identity numbers and all nationalities.
Family and civil-status recordsEstablish relationships and possible heirs.Births, marriages, divorces, adoption and earlier deaths.
Wills and foreign decisionsIdentify instructions and existing proceedings.Complete documents, legal effect and finality where relevant.
Asset and debt recordsDefine the estate and possible liabilities.Property, accounts, investments, loans and creditor notices.
Representation documentsAuthorise the agreed work.Specific powers, identity and accepted certification.

Foreign public documents may need an apostille or another certification route, subject to treaty exemptions. Certification confirms the relevant document origin; it does not establish that every claim within the document is correct. Accepted Turkish translations may also be required.

Explain different spellings and changes of surname through supporting records. Do not alter an original document or ask a translator to remove inconvenient information.

Family members reviewing inheritance documents with a legal adviser, with property keys and passports on the table
Illustrative image: reviewing family records and Turkish assets before inheritance and transfer procedures.

09 / Liabilities And Early Decisions

Estate Debts and Rejecting an Inheritance

Inheritance involves liabilities as well as assets. Under Turkish law, rights and debts pass through succession without waiting for a family distribution meeting. Heirs can face personal responsibility for estate debts, subject to rejection and other protective rules. It is unsafe to assume that liability is always limited to the value collected.

Article 606 generally provides three months to reject an inheritance. For legal heirs, the starting point is normally learning of the death, unless they prove they learned of their heirship later. For heirs appointed by a will, formal notification of the appointment matters. Other provisions can affect the period.

Under Article 610, dealing with estate assets beyond ordinary management or necessary business may remove the right to reject before the period ends. Hiding or taking assets can also have serious consequences. Protective action is not automatically the same as acceptance, but the proposed step should be reviewed before a withdrawal, sale or distribution.

Special rules address clearly or officially established insolvency at death, formal inventory and liquidation. They should not be treated as automatic answers to every unpaid bill. If debts are uncertain, seek advice promptly and preserve creditor notices, account records and evidence of the estate's position.

10 / Land And Buildings

Registering, Keeping or Selling Inherited Property

Foreign heirs may inherit Turkish property, but the right to inherit and the right to retain a particular property are separate questions. Nationality and ownership restrictions must be checked. Where retention is not permitted, the applicable disposal procedure and any official notice require attention; the inheritance value should not be assumed to disappear.

Review the title record, mortgages, restrictions, occupation and continuing expenses. A property does not necessarily become vacant when its owner dies. Rental arrangements, building charges and maintenance may continue while the inheritance paperwork is prepared.

Registration of inheritance is different from a later sale. Under Article 19 of the Inheritance and Transfer Tax Law, inherited property can be registered without waiting for tax assessment, with the required notification to the tax office. A later transfer or creation of a property right is subject to the applicable tax-clearance requirements.

A certificate showing one heir's share does not authorise that person to sell the whole property. A sale, buyout or division needs the appropriate participation, authority and formalities. Our title deed review service covers the property checks. The sale price, expenses and distribution of proceeds should be recorded clearly.

11 / Accounts And Other Assets

Bank Accounts, Investments and Business Interests

A bank must establish entitlement and authority before releasing estate funds. Information about an account and payment from that account are different requests. The institution may need death records, heirship evidence, identity, tax documents and appropriate instructions from the heirs or their authorised representative.

Possession of a bank card or online password is not legal authority to withdraw the decedent's money. Joint accounts also require review of the account terms and ownership; do not assume that the whole balance belongs to the surviving account holder.

Deposits, securities and foreign-currency balances may require different instructions. Confirm whether investments are being retained, transferred or sold. Tax clearance or the applicable statutory retention procedure must be considered before payment; banks should not be assumed to apply one identical document checklist in every case.

Company shares require a review of the company type, records and relevant rules. Inheriting shares does not automatically make an heir the company manager or give personal control over company bank accounts. Loans, guarantees and the decedent's business tax obligations need separate attention.

Any payment received on behalf of other heirs should have clear authority and an account of deductions and distribution.

12 / Tax Responsibilities

Inheritance Tax Returns and Filing Periods

Turkish inheritance tax may apply even when heirs live abroad. The relevant assets, nationality, exemptions and tax year must be checked. An inheritance below the applicable exemption can still require a declaration. No tax payable does not necessarily mean no return is needed.

Ordinary Inheritance Return Periods After Death
Place Of DeathLocation Of The TaxpayerPeriod Following Death
TurkeyTurkey.Four months.
TurkeyAbroad.Six months.
AbroadTurkey.Six months.
AbroadThe same foreign country where the death occurred.Four months.
AbroadA different foreign country.Eight months.

These are the ordinary periods shown in the Revenue Administration's guidance, not the period for rejecting an inheritance. Special situations and the exact due date require review. Do not assume that a pending certificate application or family dispute stops a tax deadline.

For 2026, inheritance tax rates range from 1% to 10% across the relevant bands; this is not a flat rate on the entire estate. Exemption amounts and bands change by year. Use the figures applicable to the death and tax event, not automatically the year when documents are finally submitted.

Ordinary assessed inheritance tax is payable in six instalments over three years, in May and November. Filing, payment and clearance for a proposed transaction remain separate questions. Income earned before death and later estate income may also create obligations beyond the inheritance return.

13 / Representation And Coordination

Handling Turkish Inheritance from Abroad

Many steps can be handled through a suitable power of attorney. Its scope should distinguish obtaining records, court representation, tax matters, property transfers and receiving money. Broad powers should not be included simply because they appear in a standard form.

Confirm the wording, photograph requirements where relevant, certification and Turkish translation before signing abroad. A Turkish consular document and a foreign notarial document can follow different procedures. Our power of attorney guide explains the preparation questions.

Representation can reduce travel, but it does not guarantee that every institution will waive a personal identity check or other requirement. Agree how original documents, notices and funds will be handled. An heir authorised to obtain information is not necessarily authorised to agree a sale or receive another person's share.

Where there are proceedings abroad, coordination should identify which lawyer handles each country and which documents need to be exchanged. A foreign administrator's title should not be assumed to give unrestricted authority over Turkish assets.

14 / Protecting Rights And Resolving Disagreement

Disputed Wills, Estate Management and Division

A dispute may concern who inherits, the validity of a will, protected shares, earlier transfers or the management of estate income. These are different claims, with different evidence, courts and time limits. An application for a certificate of inheritance does not necessarily resolve them.

Under Article 640, multiple heirs generally hold the undivided estate together until distribution, subject to lawful management and representation powers. An heir may seek protective measures, and a court-appointed estate representative may be appropriate. A family member collecting rent should keep records rather than treat the income as personal money.

If heirs disagree about keeping or selling property, a negotiated buyout or division may be considered. Proceedings to divide property or end co-ownership are subject to pre-action mediation under the relevant rules introduced in September 2023. This does not mean every inheritance claim requires the same mediation procedure or that the parties must settle.

Possible remedies include challenging a will, correcting a certificate of inheritance, restoring protected shares or seeking an account of estate dealings. Do not describe every disputed lifetime transfer as fraud without examining its facts and legal basis.

For inheritance cases involving a foreign element, Article 43 of Law No. 5718 addresses the decedent's last domicile in Turkey and, if none, the location of estate assets. The court and venue still depend on the application. Urgent protection and claim deadlines should be assessed without waiting for an informal family agreement.

15 / Planning The Work

Estate Stages, Timing and Legal Costs

  1. 01

    Initial Review

    Identify family links, assets, debts and urgent deadlines.

  2. 02

    Confirm Entitlement

    Review applicable law and prepare the required heirship evidence.

  3. 03

    Protect and Prepare

    Address necessary safeguards, records and tax obligations.

  4. 04

    Transfer or Resolve

    Handle agreed asset procedures or separate disputes.

  5. 05

    Record Distribution

    Check payments, title entries and remaining responsibilities.

Some steps can proceed together; others depend on a court decision, foreign record or tax document. The certificate stage is not the same as completion of the estate. Timing depends on the evidence, institutions and any objections, so a fixed completion date should not be promised before review.

Legal fees are separate from court charges, translations, notarial work, valuations, tax and delivery costs. The written engagement should identify included work and how additional proceedings will be priced. Tax filings and accounting should be handled by appropriately authorised professionals within an agreed scope.

For the first discussion, a short family summary and list of known assets is enough to identify the next questions. Explain any planned sale, creditor demand or immediate risk so that the work can be prioritised.

16 / Questions About Turkish Estates

Common Questions About Inheritance in Turkey

Can Foreign Nationals Inherit Turkish Property?

Yes, but entitlement and the right to retain a particular property must be checked separately. Turkish law applies to succession to Turkish land and buildings, while nationality and ownership restrictions may affect retention or disposal.

Does Turkish Law Apply To Every Part Of A Foreign Estate?

No. Article 20 starts with the national law of the decedent and applies Turkish law to immovable property in Turkey. Local rules and treaties may govern other questions, so the assessment should distinguish assets and procedures.

Can A Foreign Heir Obtain The Certificate From A Notary?

The notarial route is restricted under Article 71/B, including where foreigners request the certificate. Foreign applicants should have the appropriate court route and supporting records assessed instead of assuming a routine notary application is available.

Does A Foreign Will Automatically Transfer Turkish Assets?

No. Its form, legal effect and applicable succession rules must be reviewed. Protected shares and local procedures may still apply. Opening a will, proving heirship and transferring an asset are separate matters.

Can I Reject An Estate That Has Debts?

Turkish law allows rejection within the applicable conditions and time limits, generally three months under Article 606. The starting point and any earlier dealings with assets matter. Seek advice before withdrawals, sales or distributions.

Is A Tax Return Needed If No Tax Is Payable?

An inheritance below the applicable exemption can still require a declaration. The filing period, tax amount and payment dates are separate questions. A pending certificate of inheritance does not automatically suspend the filing obligation.

Can One Heir Sell The Whole Property Or Take All Funds?

Not simply because their name appears on a certificate of inheritance. The rights of the other heirs, estate ownership and authority to act must be established. Representation documents and payment instructions should match the proposed transaction.

Must Every Heir Travel To Turkey?

Many steps can be handled through suitable representation. The powers, document formalities and institutional requirements need review first. A lawyer cannot promise that every identity check or other personal requirement will be waived.

Legal IstanbulUpdated
Official Sources And Legal Framework

This page provides general information, not a calculation of an individual inheritance share, tax bill or deadline. Nationality, family circumstances, assets, debts and the date of death require review. Legal representation, tax work, fees and responsibility for deadlines must be agreed before work begins.

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Advice on Inheritance
and Estate Matters

Contact Legal Istanbul with the nationality of the person who died, the date and place of death and the known Turkish assets. Please mention any will, foreign court decision, creditor demand or dispute. Sensitive family and financial documents can be shared through an agreed channel after the first enquiry.

The first review identifies the documents needed and the legal work involved. Fees and the terms of representation are agreed before work begins.

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