Inheritance Lawyer in Istanbul, Turkey

An inheritance lawyer in Turkey helps Turkish and foreign heirs, in Turkey or abroad, obtain the certificate of inheritance, file the inheritance tax return, release bank accounts, transfer title deeds, renounce a debt-burdened estate, and resolve disputes over wills and shared property. For heirs abroad, most of this can be done by power of attorney, without travelling to Turkey.

When a relative dies with property in Turkey, the difficulty is rarely the law itself. It is the order of the steps and the deadlines. Some rights are lost if they are not used within a few months, foreign documents can take weeks to obtain and certify, and one uncooperative heir can block the whole estate. This page explains which authorities are involved, in what order, and where foreign families most often run into trouble.

When Do You Need an Inheritance Lawyer in Turkey?

Not every estate needs a court case. If the heirs agree, everything is in Turkey and there is no will, the work can stay largely administrative. Legal help makes a real difference in these situations:

• Heirs living abroad: an apartment, bank account or car in Turkey still needs a certificate of inheritance, a tax return and a title deed transfer, and all of these can be handled remotely through a lawyer holding your power of attorney.
• A foreign spouse or foreign heirs: which country's law applies, whether your foreign documents will be accepted, and whether a foreign heir may acquire the property all need checking.
• Disagreement between heirs: no agreement on the division, or one heir living in the property or collecting the rent alone.
• A will exists: the will has to be opened, and it may need to be enforced, challenged, or reduced if it cuts into the reserved shares of close family.
• Possible debts: if the deceased's debts may exceed the assets, renunciation has to be considered quickly.

How Turkish Inheritance Law Works

Statutory heirs and the order of succession

The Turkish Civil Code No. 4721 (Türk Medeni Kanunu, TMK) divides relatives into classes. The first class is the deceased's descendants (children, and grandchildren in place of a child who died earlier). The second is the parents and their descendants (brothers and sisters). The third is the grandparents and their descendants. A later class inherits only if no one exists in an earlier one. The surviving spouse inherits alongside every class: one quarter of the estate with descendants, one half with the parents' class, three quarters with the grandparents' class, and the whole estate if none of these relatives exist.

Forced heirship (reserved shares)

A person cannot freely leave everything by will. Descendants, parents and the surviving spouse have a reserved share (saklı pay); siblings lost theirs through a later amendment. A will or gift that breaches a reserved share is not void on its own: the protected heir must file an action for reduction (tenkis davası). The law sets cut-off periods for this, as a rule one year from learning of the breach and in any case ten years from the opening of the will or the death. Our guide to forced heirship in Turkey explains the shares in detail.

Wills

Turkish law recognises three forms of will: the official will made before a notary or a civil judge with two witnesses, the handwritten will (written entirely, dated and signed by hand by the testator), and an oral will in emergencies. A will that does not meet the form requirements can be annulled. See how to write a will that is valid in Turkey and the steps to challenge a will.

Renouncing the inheritance

Heirs may refuse an inheritance. Under TMK Article 606 the period is three months, and for statutory heirs it runs, as a rule, from the date they learned of the death and of their status as heir. Renunciation is declared before the civil court of peace (sulh hukuk mahkemesi) of the deceased's last domicile. An heir who does not renounce in time is treated as having accepted the estate, including its debts. There is also a rule that the estate is deemed renounced where the deceased was clearly or officially insolvent, but relying on it is risky; an express declaration within the deadline is safer.

Which Law Applies When the Deceased or Heirs Are Foreign?

Under Article 20 of the Turkish Code on Private International and Procedural Law No. 5718 (MÖHUK), succession is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey. So if a British or German national dies owning an apartment in Istanbul, who inherits that apartment and in what shares is decided under Turkish law, while a bank account or other movable assets may follow the deceased's national law. Two legal systems in one estate affect both the division and the tax position.

Whether a foreign heir can take ownership of inherited real estate is assessed under the rules on property acquisition by foreigners, including reciprocity considerations and restrictions for military and security zones. The answer can depend on the heir's nationality and the location of the property, so it should be checked against the current rules in each case. Our complete guide to inheritance law for foreigners and the property inheritance roadmap go into this further.

The Inheritance Process Step by Step

1. Record the death: deaths in Turkey are entered in the civil registry. For a death abroad you need the original death certificate with an apostille (or consular legalisation) and a sworn Turkish translation. For Turkish citizens, registering the death through the consulate or the population office makes every later step easier.
2. Obtain the certificate of inheritance (mirasçılık belgesi or veraset ilamı): it is issued by a notary or by the civil court of peace. In practice, a notary will not issue it where there is a foreign heir, a will, or a gap in the registry records, so these files go to court. See how to obtain a certificate of inheritance.
3. Identify the estate: title deeds, bank accounts, vehicles, company shares and debts are traced. A court determination of the estate can be requested where needed.
4. File the inheritance tax return: under the Inheritance and Transfer Tax Law No. 7338, heirs file a return with the tax office. The deadline depends on whether the death occurred and the heirs live in Turkey or abroad; for a death in Turkey with heirs in Turkey it is, as a rule, four months, and longer periods apply where foreign elements are involved. Exemption amounts are updated every year, so check the current figures with the Revenue Administration (Gelir İdaresi Başkanlığı).
5. Release bank accounts and transfer title deeds: banks freeze accounts once notified of the death and usually pay out against the certificate of inheritance and a tax clearance letter. At the land registry (tapu müdürlüğü) the property is registered to the heirs as joint owners.
6. Divide the estate or end the co-ownership: if the heirs agree, they sign a division agreement and the title is registered accordingly. If not, any heir can file an action to end the co-ownership (ortaklığın giderilmesi, also called izale-i şuyu) at the civil court of peace. Mediation before filing is, as a rule, now mandatory for these cases. If the property cannot be divided in kind, the court orders a sale and the proceeds are shared.

Documents You Will Usually Need

• Death certificate, apostilled and translated if issued abroad
• Passports or ID cards of the heirs, and a Turkish tax number for foreign heirs
• Birth and marriage certificates proving the family relationship, apostilled and translated
• The will and the record of its opening, if there is one
• Title deed details, bank account information, vehicle registrations
• A power of attorney, signed at a Turkish notary, a Turkish consulate abroad, or a local notary with an apostille

Names must match the Turkish records exactly. A single letter of difference between a passport and the title deed can lead to correction requests at the bank or land registry.

How Long Does It Take?

Timings depend on the file, the court's workload and how quickly foreign documents arrive. As a rough guide:

• Certificate from a notary: usually the same day or within a few days if the documents are complete.
• Certificate from the court: often a few weeks to a few months in files with foreign elements.
• Tax return and clearance: generally a few weeks after filing, depending on assessment and payment.
• Land registry transfer and bank release: usually days to a few weeks once the documents are in hand.
• Co-ownership, reduction or will litigation: commonly more than a year, given mediation, expert reports and appeals.

How the Firm Handles Inheritance Cases

• Initial assessment: who the heirs are, their shares, which law applies, which deadlines are running, and whether renunciation should be considered.
• Document preparation: a checklist of foreign documents, apostille and translation checks, and drafting of the power of attorney.
• Applications and filings: the certificate of inheritance application or court case, and coordination of the inheritance tax return with a financial adviser.
• Bank and land registry work: releasing accounts to the heirs, registering and dividing property.
• Representation in disputes: mediation, co-ownership actions, reduction actions, will annulment or enforcement, and challenges to a certificate of inheritance.
• Wills and estate planning: advice on drafting a will that respects reserved shares.

For clients abroad, the work is normally carried out under a power of attorney, with meetings by phone or video call. Communication is possible in English, French and Turkish. For related matters, see our civil law and real estate law services, and our article on inheritance disputes.

Common Mistakes Foreign Heirs Make

• Missing the three-month renunciation period: if the estate carries debts, the heir may become liable. Check the deceased's debts right after the death.
• One heir acting alone: before division, heirs own the estate jointly. Renting out the property or withdrawing money without the others can lead to disputes and compensation claims.
• Filing the tax return late: a late return can bring penalties and interest, and it holds up the bank and land registry steps.
• A narrow power of attorney: the document must expressly cover obtaining the certificate, land registry transfer and sale, bank withdrawals and litigation. A missing power means another round of notarisation and apostille abroad.
• Assuming a foreign will works automatically: how a will made abroad applies to property in Turkey, and how it interacts with reserved shares, needs separate review.

To discuss your case, you can reach the office through the contact page.

Frequently Asked Questions

Do I have to travel to Turkey to deal with an inheritance?

In most cases, no. With a power of attorney signed at a Turkish consulate or a local notary with an apostille, a lawyer can obtain the certificate of inheritance, file the tax return and handle the bank and land registry steps for you.

Should the certificate of inheritance come from a notary or a court?

A notary is quicker for simple estates. In practice, where there is a foreign heir, a will, or incomplete registry records, the notary will not issue it and an application to the civil court of peace is needed.

How long do I have to renounce an inheritance in Turkey?

Under TMK Article 606 the period is three months. For statutory heirs it runs, as a rule, from the date they learned of the death and that they are an heir. The declaration is made before the civil court of peace of the deceased's last domicile.

Can a foreigner inherit property in Turkey?

Foreigners can be heirs, and Turkish law governs Turkish real estate under MÖHUK Article 20. Taking ownership of the property, however, is subject to the rules on acquisition by foreigners, including reciprocity and restricted zones, so the outcome can depend on nationality and location.

When is the Turkish inheritance tax return due?

It depends on where the death occurred and where the heirs live. For a death in Turkey with heirs in Turkey it is, as a rule, four months from the death; longer periods apply in cases involving another country. Exemption thresholds change every year.

What if one heir refuses to agree on the division?

After the mandatory mediation stage, the other heirs can file an action to end the co-ownership at the civil court of peace. If the property cannot be divided, the court orders a sale and distributes the proceeds by share.

Does a will made in my home country apply to my property in Turkey?

A foreign will can be relevant, but for real estate in Turkey, Turkish law governs succession, including the reserved shares of close family. The will's form, its opening in Turkey and its effect on reserved shares should be reviewed before relying on it.

How do heirs access the deceased's bank account in Turkey?

Banks usually ask for the certificate of inheritance, a tax clearance letter for inheritance tax, and the heirs' identity documents. The heirs apply together, or one heir or a lawyer acts for the others under a power of attorney.