HOW TO DEAL WITH PROBATE IN TURKEY

As you would appreciate, every country has its own jurisdiction. Inheritance Law in Turkey is not an exception. The inheritors are required to be determined as per Turkish Inheritance Law for properties located in Turkey, and are subject to Turkish Inheritance Law.

Don’t let the process intimidate you if you are an inheritor, and your testator’s assets are located within the borders of Turkey. Despite not being complicated but requiring expertise in this particular area, we advise you to seek legal advice from a lawyer for Turkish Probate Law in order to avoid prolonged process time and not to make any mistake. For ease of understanding, we will briefly explain the process step by step.

1) HOW CAN I PROVE THE HEIRDOM?

As a first step, the legal inheritors of the deceased should be identified. In line with that purpose, a probate action decree is required to be obtained by the court. Subsequently, the court would issue the certificate of inheritance.

Without obtaining the said probate decree, it is not possible to do any action legal and administrative on the asset belonging to the estate.

2) DO I NEED TO PAY INHERITANCE TAX AS BEING THE INHERITOR?

First of all, a research is required to be made from the relevant municipality in order to find out the previous tax records. If there is a remaining property tax debt, you need to pay off the debt to move forward with the other steps. The Tax Registry Office will issue a Release Document once all property tax debts are paid. Then you – as the inheritor- will be able to obtain a tax number and declare inheritance tax.

3) HOW TO REGISTER THE ASSETS UNDER INHERITORS’ NAMES AFTER IDENTIFYING THEM

Once the action decree of probate in Turkey is obtained from the Court, the real estate that belonged to the deceased will be registered under all the inheritors’ names in the land registry records. Otherwise, the property cannot be sold or transferred to the 3rd parties.

4) WHAT IF I WANT TO DISPOSE OF MY ASSETS AFTERWARDS?

You may wish to keep the assets under all inheritor’s names, or of course you may also wish to sell/transfer them to the third parties. The only thing you should do is to agree with your potential buyer. Once you make a deal with the buyer and also determine the selling price, you or your lawyer –on your behalf- can easily proceed with the transaction.

On the other hand, if you want to sell your assets, your lawyer would be required to be authorised by a Power of Attorney, which must be issued by all the inheritors as per Turkish Inheritance Law.

Please bear in mind that the process is briefly explained here. However, it contains lots of small, but substantial details. A team of competent lawyers would be sufficient to advise you further on the steps to be taken and provide you guidance (required documents, estimated time, expenses etc.) should you wish to get going and need clarification.