Koca & Ersöz Hukuk Bürosu / Anwaltskanzlei

Inheritance law in Turkey

Advisory Services of our Law Firm in Inheritance Law in Turkey

Personal or Online Legal Consultation

You can receive legal advice in our offices in Istanbul, Berlin, or even in Cologne. You have the opportunity to come to our offices in person as well as to arrange online consultation appointments via Zoom or WhatsApp Video. Even within the framework of a telephone consultation, we offer you our legal assistance in just a few days.

Questions on topics such as, for example, wills, spousal wills, designation of heirs, community of heirs and their dissolution, capability to inherit, occurrence of inheritance, inheritance debts, succession order, testator, Turkish inheritance law, inheritance, heir possessor, compulsory portion, inheritance purchase, inheritance tax, certificate of inheritance, inheritance share, renunciation of inheritance, disinheritance, inheritance contract, waiver of inheritance. Your topic isn’t listed? No problem, simply describe your concern and receive advice.
Estate and land register research within Turkey (researching movable and immovable estate items) and valuation of estate properties in Turkey (by certified experts).

Investigation and Identification of Estate Items in Turkey

Do you have no information about the estate in Turkey? We research and determine the estate items with assets and liabilities throughout Turkey.

Valuation of Estate Properties in Turkey: Official and Real Value

How is an estate property in Turkey valued? In Turkey, on one hand, we have the official value (estimated by the city administration) and on the other hand, the real value of a property. The official value is usually stated at public authorities (at the tax office or land registry office) even though the property actually has a higher value than this. Of course, this has advantages and disadvantages that one should consider.

Real Estate Appraisal for Foreigners in Turkey since March 2019

Since March 2019, foreigners, whether buyers or sellers, must present an expertise (appraisal) of the market value of the property to the land registry office. These are prepared by certified real estate appraisal firms. The experts inspect the property on site in Turkey, then they review the land registry for restrictions and the city administration files for permissions. The property is then described in detail and compared with similar properties. This is how the real value of the property is estimated.

Our Service: Real Estate Appraisals in German Language throughout Turkey

We are happy to commission the valuation for our clients throughout Turkey and also have it prepared in the German language. This also eliminates translation costs.
Drafting of wills and inheritance contracts in Turkey, especially the inheritance dispute contract.

Drafting of Wills and Inheritance Contracts in Turkey: Our Accompanying Service for Notary Visits

We accompany you in the drafting of your will or inheritance contract at the Turkish notary. Even though the Turkish Civil Code regulates the written will, we recommend our clients to have a notarial will prepared, mainly because of storage problems. We support you in meeting the legal requirements of the will up to its certification and organize the necessary in a short, concise manner.
A joint will, also known as the “Berliner Testament,” is not recognized in Turkish inheritance law.

Application for a certificate of inheritance at a Turkish court or at a notary:

Foreign nationals (and also “Mavi Kart” holders) are not allowed to apply for a certificate of inheritance from a notary in Turkey but only from the competent district court. According to Turkish law, one of the heirs may apply for and have the certificate of inheritance issued either personally or through their lawyer.

Division of the estate (judicial or out-of-court settlement with the heirs):

The heirs must agree on the division of the inheritance. Otherwise, there would be a judicial partition auction, which carries risks for the heirs. We encourage and support heirs in an out-of-court settlement.

Representation in inheritance disputes in court:

Should there be conflicts within the community of heirs, one of the heirs can file a lawsuit. We assist you in your inheritance court proceedings, so you do not have to come to Turkey.

Execution of the will according to Turkish inheritance law:

If the testator leaves a will, it must be judicially opened. For this procedure, the heirs are summoned by official notice. Then, the one-year deadline for challenging the will and the compulsory share supplementation lawsuit begins.

Challenging the will:

Should the will not meet the legal requirements, one of the heirs can file a lawsuit to challenge the will. There is a very slim chance of challenging a notarial will. On the other hand, in Turkey, handwritten wills are often contested.

Lawsuit for fraudulent sham purchase or embezzlement, misuse of power of attorney (deception of the heirs):

If the testator transferred a property to one of the heirs through a sales contract during their lifetime, it is usually contested by the disadvantaged heir in court. If a sham purchase infringes upon an heir’s compulsory share, they can file a lawsuit.

Renunciation of inheritance according to Turkish inheritance law:

There is a 3-month period from the time of the testator’s death to renounce the inheritance in Turkey. A procedure is initiated for this. If the estate in Turkey is over-indebted, the heirs are considered “renounced,” even if the 3-month period has expired. A procedure against the creditor must be initiated.

Disinheritance according to Turkish inheritance law:

If one of the reasons listed in the law is present, the spouse and descendants, who are considered entitled to a compulsory share, can be excluded from the inheritance through a will or a notarial inheritance contract.

Inheritance tax law and inheritance tax declaration in Turkey:

The inheritance tax declaration is submitted by the taxpayers to the tax office for payment of inheritance and gift tax. If desired, the declaration can also be submitted by the signature of the heirs’ attorney.

Representation at the land registry office for the transfer or sale of real estate:

We represent you in all processes at the land registry office, so you don’t have to be present personally. For instance, during a real estate sale or the transfer of assets left by your testator.
We are a law firm specializing in Turkish inheritance law in Istanbul, Berlin, and Cologne, and we provide you with expert and competent advice on all matters of Turkish inheritance law. Our team is German-speaking. We have both international and local experience and are active throughout Turkey. Our fee models are flexible.

You can fill out the form on our website to share your inquiries with us without any obligation, or you can call us.

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