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Inheritance Law and International Estate Solutions in Fethiye & Muğla, Turkey

Inheritance law encompasses far more than the transfer of assets—it ensures family balance, protects generational wealth, and provides legal certainty during difficult times. In regions like Fethiye, Göcek, Marmaris, and Bodrum, where foreign property ownership and international marriages are common, inheritance processes become particularly complex at the intersection of Turkish Civil Code and International Private Law.
Our law office, registered with the Muğla Bar Association (Registration No: 1704), provides comprehensive inheritance legal services with 21 years of experience. We serve both Turkish citizens and foreign nationals from various jurisdictions, managing estate identification, distribution, and property transfer processes in Turkish, English, Russian, and French. In the Fethiye and Muğla region, we offer professional support across all areas of inheritance law with our client-focused approach.

Certificate of Inheritance and Estate Transfer

The Certificate of Inheritance (Veraset İlamı) is a court decision that identifies heirs and determines their inheritance shares. In Turkey, this certificate must be presented to the Land Registry Office for the transfer of real estate to heirs.
Our Services:
  • Filing and pursuing certificate of inheritance cases in Civil Court of Peace
  • Identification of heirs and calculation of legal shares
  • Title cancellation and registration lawsuits
  • Management of property transfer procedures
  • Transfer of bank accounts and other assets to heirs
Special Process for Foreign Residents: For Turkish citizens living abroad or foreign nationals, we manage the recognition (enforcement) of certificates of inheritance issued at consulates in Turkey, or obtaining a new certificate from Turkish courts. We assist at every stage, from apostille procedures to court proceedings.

Fraudulent Conveyance (Muris Muvazaası) Cases

One of the most common inheritance disputes in the Muğla region, particularly involving rural properties, is "muris muvazaası"—fraudulent conveyance. When a testator transfers property during their lifetime showing it as a "sale" on the title deed but which is actually a gift, this violates the reserved portions (statutory shares) of other heirs.
Our Legal Solution: Through title cancellation and registration lawsuits, we secure the return of improperly transferred assets to the estate. In proceedings before Fethiye Civil Courts of First Instance:
  • Identification of fraudulent transactions on title deeds
  • Collection and evaluation of witness testimonies
  • Examination of bank records (to determine if payment was actually made)
  • Protection of other heirs' reserved portion rights
Fraudulent conveyance cases are critically important for revealing the true intentions of the deceased and ensuring justice.

Will Preparation and Execution

A will is a legal document determining how a person's estate will be distributed after death. However, under Turkish Law, wills are not entirely unrestricted due to the "reserved portion" system.
Types of Wills and Consultation:
  • Notarial Will: Prepared before a notary public, the most secure method
  • Holographic Will: Entirely handwritten by the testator, must include date and signature
  • Oral Will: Made in extraordinary circumstances (imminent death) before two witnesses
Our office provides complete support for preparing wills in accordance with the Turkish Civil Code, accompaniment to notarial procedures, and execution of wills after death.

Inheritance Law for Foreigners (Foreign Element)

When British, Russian, German, or French citizens who own property in the Fethiye region pass away, inheritance processes are subject to international private law rules.
Key Principles:
  • Unity of Estate Principle: Turkish Law applies to immovable property (real estate) in Turkey
  • Reserved Portion System: If a will prepared under foreign law violates Turkish Law's reserved portion rules, it can be challenged through abatement action
  • Double Taxation: We optimize inheritance tax by examining tax treaties between Turkey and the heir's country of residence
Our Services:
  • Obtaining certificates of inheritance for foreign heirs
  • Translation of apostilled and consulate-certified documents into Turkish
  • Preparation of wills in accordance with Turkish Law
  • Inheritance tax calculations and preparation of declarations

Abatement Action and Reserved Portion Protection

The Turkish Civil Code protects heirs' "reserved portion" rights. If the testator exceeds the disposable portion through a will, heirs whose reserved portions are violated can file an abatement action.
Reserved Portion Rates:
  • Descendants (children): 1/2 of legal share
  • Parents: 1/4 of legal share
  • Spouse: All of legal share (if sole heir) or 1/2
  • Abatement actions secure the return of gifts and testamentary dispositions exceeding the reserved portion. These actions have a 10-year statute of limitations.

Estate Division and Partition Actions

If heirs cannot reach agreement on estate division, a "partition action" can be filed in court. In this action:
  • A complete inventory of the estate (inherited assets) is prepared
  • Each heir's share is determined
  • Real estate is divided in kind or sold and proceeds distributed
  • In Fethiye, dividing land and vacation properties among heirs is a sensitive process. Our office works to achieve equitable division through court proceedings when negotiated settlements cannot be reached.

Inheritance Tax Consultation (2025 Updated Rates)

In Turkey, inheritance and transfer tax is levied on assets acquired by heirs. We provide consultation on current tax rates and exemption amounts for 2025.
Key Topics:
  • Tax declaration deadlines (4 months from date of death)
  • Property tax exemptions
  • Special regulations for heirs living abroad
  • Double taxation prevention agreements

Renunciation of Inheritance

Heirs have the right to renounce inheritance. Particularly when the deceased is indebted, heirs can apply to court within 3 months to renounce the inheritance.
Renunciation Process:
  • Application to civil court of peace within 3 months of learning of death
  • If inheritance is renounced, that heir's children also cannot benefit from the inheritance
  • Creditors' rights to have heirs' renunciation declarations annulled

Why Choose Atty. Thomas Andreas Di Constantinople?

  • 21 years of legal experience, last 10 years in Fethiye/Muğla region
  • Service in 4 languages: Turkish, English, Russian, French
  • International inheritance law expertise: Specialized solutions for foreign nationals
  • Client-focused approach: Each case is carefully monitored
  • Muğla Bar Association Registration 1704 for reliable service
Contact: For professional support on inheritance law matters in Fethiye and Muğla region, please contact us immediately.

Knowledge Center

FREQUENTLY ASKED QUESTIONS

Inheritance law is an area where there is often a high level of information pollution. We explain the basic legal prerequisites and critical steps of the process with transparency.

No, it is not obligatory. The heirs can also share the inheritance by agreeing among themselves (with a partition agreement). However, if an agreement cannot be reached, a lawsuit for the elimination of the partnership must be filed in the civil court of peace upon the request of any of the heirs.