Turkish Inheritance Law

Services

We provide services to our clients regarding legal solutions related to the inheritance of deceased persons in Turkey.

The legal process for the wealth of a deceased person in Turkey is explained briefly below.

Obtaining a Certificate of Inheritance

When a person dies, first a certificate of inheritance must be obtained by any of the heirs.

The certificate of inheritance can often be obtained from the notary publics in Turkey. However, if there is any uncertainty in the identities or addresses of the heirs, this document cannot be obtained from the notary publics. In that case, it must be obtained by filing a lawsuit in the Court.

A certificate of inheritance can be obtained from the notary public on the same day.

If a lawsuit is filed, the conclusion of the lawsuit usually takes between 6 months and 1 year.

Transfer of properties to heirs by inheritance

After the certificate of inheritance is obtained, the transfer process can be carried out by official institutions (for example, at the Land Registry Office) with this document.

After the transfer, all the heirs together become entitled to all the property left behind by the inheritor. The type of ownership here is "co-ownership". Accordingly, heirs cannot use, rent or sell the properties to third parties independently of each other.

Division of inheritance among heirs

The heirs can divide the inherited property by mutual agreement. If they can reach an agreement, a "Heritage Division Agreement" should be made.

If the heirs cannot agree on how the division will be made, the only way to divide the property is to file a lawsuit for "Dissolution of the Partnership" .

The case of dissolution of the partnership

Any of the heirs can file this lawsuit for some or all of the inherited property.

At the end of the lawsuit, the property subject to the lawsuit is sold by auction by the court. The money from the sale is paid to all heirs in proportion to their inheritance shares. Thus, the inheritance partnership of the heirs who cannot agree on the sharing between them ends and all the heirs get their shares fairly.

Leaving a will & the effect of the will on the process of division of inheritance

If a person left a will while he was alive, the division of property is made according to this will when that person dies. In order for the will to be used, the cases of "Opening and Enforcement of the Will" must be filed.

In some cases, such as if a will does not meet the conditions stipulated in the law, a suitcase for "cancellation of the will" can also be filed.

Investigation of inheritance property (Property Determination Case)

Inheritance determination lawsuits are a type of lawsuit that ensures the detection and protection of the goods left behind by deceased persons.

When this lawsuit is filed, the court determines whether there is a vehicle registered in the name of the deceased person, title deed, company shares, money left in the bank accounts and investigates all similar assets. Thus, if there is a property unknown by the heirs, it is determined.

We represent our clients in the works we briefly mentioned above and in all kinds of inheritance cases. We are ready to serve you in the best way with our team of lawyers who are experienced in the field of inheritance law.