Inheritance Transactions in Turkey from Abroad: A Comprehensive Guide

A certificate of inheritance is a legal document that officially states who are the legal heirs and their share of the inheritance. Without this document, you cannot take any action on the assets of the deceased person (muris). You cannot withdraw money from the bank, take over the title deed or sell the vehicle. In short, the certificate of inheritance is the official key that starts the inheritance process.

This document does not create the right of inheritance; it only establishes and proves an existing right. Although it creates a valid presumption until proven otherwise, it is not a final judgment in the material sense and a lawsuit can be filed for its annulment at any time.

In Turkey, letters of inheritance can be obtained from notaries or Civil Courts of Peace. The notary way is usually much faster and can be completed on the same day. However, for an heir living abroad, this route is almost always closed.

Notaries cannot issue a certificate of inheritance in the following cases and will refer you to the court:

• One of the heirs is a foreigner, dual citizen or Blue Card holder.
• The heir resides abroad.
• The existence of a will of the deceased.
• Failure to clearly establish ancestry from civil registration records.

Due to this "element of foreignness", the application of an heir living abroad is necessarily Civil Court of Peace should be done.

Since it is almost impossible to follow the court proceedings in person from abroad, the most practical and safe solution is to give power of attorney to a lawyer experienced in inheritance law in Turkey. Your lawyer will manage the entire process on your behalf from start to finish:

• Collects the necessary documents.
• Prepares and submits the petition to the court.
• It follows the court proceedings and keeps you regularly informed.
• Carries out tax and inheritance procedures after receiving the certificate of inheritance.

To authorize your lawyer, you need to issue a power of attorney valid in Turkey. There are two ways to do this:

a) Through Turkish Consulates (Strongly Recommended Method)
This is the fastest and hassle-free method.

1. Make an appointment for the notarization process on the website of the Turkish Consulate in your country (consul.gov.tr).
2. Apply in person on the day of the appointment with your ID (or passport) and the details of the lawyer to be represented (Name, Surname, Turkish ID No.).
3. The power of attorney issued at the consulate is directly valid in Turkey without the need for any additional approval (such as Apostille) and is transmitted electronically to notaries in Turkey.

b) Through Foreign Notary and Apostille
This alternative can be used in cases where transportation to the consulate is difficult.

1. Ask your lawyer in Turkey for a power of attorney with all the necessary specific authorizations.
2. Have this text notarized by a notary in your country.
3. Have the notarized document Apostilled by the competent authority of your country. The Apostille is an international approval that certifies the authenticity of the signature and seal on the document.
4. Send the apostilled document to Turkey.
5. The document must be translated by a sworn translator in Turkey and recertified by a Turkish notary.

After receiving your power of attorney, your lawyer will apply to the Civil Court of Peace with the following documents

Required Documents

• Death Certificate

Civil Registry Office or the official authority of the country of death.
Death certificates received from abroad must Apostille annotation and must be translated into Turkish.

• Civil Registration Certificate

Civil Registry Offices or e-Government.
There should be a detailed document showing all family ties of the deceased (spouse, children, mother, father).

• Identity Photocopy of the heir

The heir's own ID or passport.
It is attached to the application file.

• Petition for Inheritance Declaration

Prepared by the lawyer.
It is an official petition addressed to the court, containing the claim and evidence.
After examining the documents and confirming the line of descent through the civil registry, the court issues a certificate of inheritance showing the heirs and their shares. This process can take anywhere from a few weeks to several months, depending on how busy the court is.

Obtaining a certificate of inheritance is only the first step in the process. You must also complete the following procedures to transfer inherited property into your name:

Step 1: Inheritance and Gift Tax Declaration
With the certificate of inheritance, first of all, "Inheritance and Gift Tax Declaration" should be submitted to the tax office. Declaration periods vary from 4 to 8 months depending on the location of the death and the heir. After the tax has been calculated and paid, the tax returns, which are mandatory for inheritance transactions "no relation" letter is received.

Step 2: Transfer of Assets
This document is applied to the relevant institution for each asset:

• Immovables (Land Registry): The inheritance certificate, letter from the tax office and other documents are applied to the Land Registry Office to register the immovable property in the name of the heirs. Applications can be initiated online through the Web Land Registry system.

• Bank Accounts: Heirs have "joint ownership" over money in the bank. This means that all heirs must act together to withdraw the money. The most practical way is for all heirs to give a power of attorney to a single lawyer, which includes a power of withdrawal.

• Vehicles The transfer of the vehicle is made by applying to the notary public with the certificate of inheritance, tax office letter and other documents. If the vehicle is to be registered in the name of a single heir, the other heirs must sign a notarized document waiving their rights in favor of this person.

Managing an inheritance process in Turkey while living abroad is possible with the right roadmap. The necessity of conducting the process in court due to the "foreign element" and international document procedures make working with a lawyer in Turkey the most logical and safe option. With a power of attorney through the Turkish Consulate, you can manage the entire process remotely, safely and efficiently.