Fundamentals of Turkish Inheritance Law - Guide from a Turkish Inheritance Lawyer

Oct 16, 20235 min read

Updated: Dec 15, 2024

Turkish Inheritance Law, called "Miras," is part of the Turkish Civil Code. This law makes sure that a person's belongings, such as real estate and immovable properties, are fairly passed on to their legal heirs after they pass away.

Understanding how Turkish inheritance law works can help families avoid problems and ensure everything goes smoothly.Consult to a Turkish inheritance lawyer if you need legal advice.

What is Inheritance in Turkey?

Inheritance means everything a person owns when they pass away, including money, properties, and even debts. According to Turkish law, heirs—the people who inherit—have the right to either accept or refuse the inheritance. If accepted, the law decides how to divide the inheritance based on specific rules. This process helps make sure everyone gets their rightful share.

Who Can Inherit According to Turkish Law?

Turkish inheritance law explains clearly who gets what when someone dies. Here’s how it works:

The surviving spouse and the descendants of the deceased (children) are the first to inherit.
If there are no children, the inheritance goes to the mother, brothers and sisters, and their descendants.
If none of these relatives are alive, it moves to grandparents or even more distant family members.

This system is designed to make sure that close family members are taken care of first.

Inheritance for Turkish Citizens

When a Turkish citizen dies, the process starts automatically. A "Death Notification" is sent to government offices, such as the civil registry and courts. After this, the heirs can apply for a Certificate of Inheritance from the court or a notary public.

This certificate confirms who the rightful heirs are and lists all the deceased person’s belongings, including real estate and immovable properties. Once any required inheritance tax in Turkey is paid, the inheritance can be divided among the heirs.

Inheritance for Foreign Nationals in Turkey

If a person from a foreign country passes away in Turkey, the process is almost the same as it is for Turkish citizens. However, heirs need to provide extra documents:

A Certificate of Right to Inheritance from their home country.
A Marriage Registration Document if the deceased was married.

After these documents are submitted and the inheritance tax is paid, the property and assets can be distributed.

How is Inheritance Divided in Turkey?

If the deceased person did not leave a will, Turkish inheritance law decides how to divide the assets. This is how it typically works:

The surviving spouse gets a portion of the inheritance along with the children.
If there are no children, parents, brothers, and sisters of the deceased person inherit instead.
If none of these relatives are alive, the inheritance goes to grandparents or other family members.

This method ensures fairness. However, some portions of the inheritance are reserved portions, meaning they cannot be taken away from certain close relatives, even if there is a will.

Writing a Will Under Turkish Law

Writing a will ensures that your belongings go to the people you choose. In Turkey, a will must follow specific rules to be valid:

It must be written and signed by the testator (the person making the will).
It must be witnessed by at least two people.

Anyone over the age of 15 with full mental capacity can write a will. Following these steps helps ensure your wishes are respected.

The Role of the Certificate of Inheritance

The Certificate of Inheritance is a legal document that proves who the heirs are. Turkish citizens can get this certificate automatically through government offices. However, foreigners must apply for it by submitting the required documents. Once this certificate is issued, the heirs can take ownership of the deceased person’s belongings, including real estate and immovable properties.

Inheritance Tax in Turkey

When someone inherits property or money in Turkey, they usually have to pay inheritance tax. The amount of tax depends on the value of the inheritance and the heir’s relationship to the deceased. Here’s how it works:

A 3% tax applies to properties worth around £30,000.
A 10% tax is charged on properties valued at more than £250,000.

Taxes on real estate and other assets must be paid before the inheritance is divided. Foreign heirs must also pay this tax. However, there is no tax if a property is gifted instead of inherited. The tax can be paid within three years, making it easier for heirs to manage.

What Happens If There Are Debts?

Inheriting debts is possible under Turkish inheritance law. Heirs can choose to accept or refuse the inheritance altogether if they do not want to take on the deceased person's debts. If they accept the inheritance, they are also responsible for paying off any debts before dividing the remaining assets.

How Can Inheritance Lawyers Help?

Understanding inheritance law in Turkey can be challenging, especially when it involves foreign countries, complex assets, or tax rules. Inheritance lawyers provide expert help to:

Guide heirs through the legal process.
Help draft a will that follows Turkish law.
Ensure that taxes and fees are calculated correctly.
Assist in getting the Certificate of Inheritance or other required documents.

Hiring an experienced lawyer can save time and make the process stress-free.

Why Understanding Turkish Inheritance Law Matters

Knowing how Turkish inheritance law works ensures that your family’s rights are protected and that your belongings are passed on to your loved ones without issues. Whether you are a Turkish citizen or from a foreign country, taking the time to understand the rules for real estate, immovable properties, and taxes can make the process much easier.

Planning ahead, consulting with inheritance lawyers, and writing a proper will can save your family from future disputes. By following these steps, you can have peace of mind knowing your assets will be distributed fairly according to applicable law.