Inheritance and Wills

An inheritance is the collection of assets and liabilities that pass to heirs upon the owner's death. An inheritance includes not only real estate and cash, but also potential debts.
Turkey has a well-structured and modern system of inheritance law, regulated by the Civil Code.

Order of succession

The first legal heirs are the spouse and children of the deceased.
If there are none, the right of inheritance passes to other relatives in the established order: parents, brothers and sisters, grandparents, and then grandchildren.

Inheritance of property of a Turkish citizen

After the death of a Turkish citizen, information is automatically transferred from medical institutions to government agencies:
The Population Department, the Cadastral Service and the courts.

Heirs must contact a notary or court to obtain a certificate of inheritance. This document lists all heirs and their shares in the movable and immovable property.
The distribution of property takes place after the payment of inheritance tax, in accordance with the issued certificate.

Inheritance of property of a foreigner in Turkey

If the property owner was a foreign citizen, the procedure is generally similar, but has additional requirements.

The heirs are required to provide:

• certificate of inheritance rights issued in the country of residence;
• an official document confirming family ties.

Further steps depend on whether the country is a party to the Hague Convention.

If the country is a party to the Hague Convention

Documents are accepted in Turkey with an apostille and have legal force without additional procedures.

If the country is not a party to the Hague Convention

Turkish authorities are checking the existence of the principle of reciprocity between states.

• If there is an agreement, the documents are recognized.
• In its absence, a court case is opened in Turkey, within the framework of which the court confirms the fact of death and determines the circle of heirs through an official request to the country of origin.

How is inheritance distributed in Turkey?

If there is no will, the inheritance is distributed according to the law as follows:

• Spouse and children: 25% to the spouse, 75% to the children in equal shares.
• Spouse, but no children: 50% to the spouse, 50% to parents, brothers and sisters.
• Spouse, no children or parents: 75% to the spouse, 25% to grandparents and their children.

Spouse only: all property is completely transferred to the spouse.

The procedure for registering inheritance of real estate

When receiving real estate as an inheritance, it must be re-registered at the Main Directorate of Land Registry and Cadastre.

• For Turkish citizens, data is checked automatically.
• Foreign heirs apply to the court with documents confirming their relationship.
• After receiving the certificate of inheritance and paying the tax, the property is registered to the new owner, usually within 2 business days.

Will in Turkey

A will is an official document in which the owner of the property determines in advance to whom and in what amount his property will pass after death.

Foreigners have the right to make a will in Turkey, but it must comply with Turkish law, otherwise the court may invalidate it.
Therefore, when drafting a will, it is recommended to contact a lawyer or a professional firm with experience in supporting foreign clients.

A will can be:

• change;
• cancel;
• re-register.

The latest version in effect at the time of the testator's death has legal force.

Types of wills in Turkey

There are three forms of wills in Turkish law:

1. An official will is drawn up by a notary (the most reliable option).
2. A handwritten will is written entirely by hand, dated and signed.
3. An oral will is permitted only in emergency circumstances (illness, threat to life, war) and is recorded by witnesses.