Today, millions of Turkish citizens and dual citizens live abroad. However, inheritance issues that arise after the death of family members in Turkey bring along an important legal process for people living abroad. Inheritance procedures can be carried out without being physically present in Turkey; however, taking the right and timely steps is critical to prevent loss of rights.
How can people living abroad follow up their inheritance in Turkey?
In Turkey, inheritance procedures are carried out based on the last place of residence of the person who left the inheritance. Therefore, a person residing abroad may not be able to directly carry out the inheritance process in Turkey. However, the procedures can be carried out remotely by giving a power of attorney or through a directly authorized lawyer.
The basic steps for a person living abroad to follow up an inheritance in Turkey can be listed as follows:
1. Obtaining the Inheritance Decree (Certificate of Inheritance)
The first step to start inheritance proceedings is to obtain a certificate of inheritance. This document determines who the legal heirs of the person who left the inheritance are and their inheritance shares. It can be obtained from the civil court of peace in Turkey or from a notary public. However, if the application is to be made from abroad, this process is usually carried out with a power of attorney given to a lawyer.
2. Determination of Probate and Access to Asset Information
Real estate, bank accounts, vehicles and all other assets belonging to the person leaving an inheritance are referred to as “the estate”. Accessing asset information in Turkey can sometimes be difficult. Especially if there are properties in different cities, title deed records need to be examined separately. At this point, obtaining professional legal support will speed up the process.
3. Distribution of the Inheritance and Official Transactions
Once the inheritance is determined, it must be shared among the heirs. If an agreement is reached, the division can be made through settlement. In case of disagreement, a lawsuit may be filed for the division of the inheritance. In this process, heirs living abroad can follow the process remotely through their lawyers.
4. Refused Inheritance and Process Management
If the inheritance is full of debts, the heir has the right to refuse inheritance. However, in order to exercise this right, an application must be made to the civil court of peace within 3 months from the date of death. Living abroad does not extend this period. Therefore, it is of great importance to act quickly and not to miss the legal deadlines.
5. Wills and Last Will and Testamentary Maintenance Contracts
In some cases, family elders living in Turkey may leave a will or transfer an inheritance to someone in exchange for care. Such special cases may create uncertainty for heirs abroad. Lawsuits for the annulment or invalidity of a will can also be filed through a lawyer.
6. Granting Power of Attorney through the Consulate
A person living abroad can issue a power of attorney by going to the Turkish Consulate to authorize a lawyer to carry out transactions in Turkey. With this document, the lawyer can both file a lawsuit and carry out transactions in official institutions. With this method, many transactions can be easily completed without coming to Turkey.
Which Documents are Required?
The following documents are generally required for inheritance proceedings in Turkey:
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Death certificate of the deceased person
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Population registration samples
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Title deed, bank and asset documents
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Will or notary documents, if any
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Power of attorney to be given from abroad
If the documents are to be obtained abroad, apostille and sworn translation into Turkish may be mandatory. We guide our clients through the entire process, including the procurement and translation of documents.
How Long Does the Process Take?
The duration of the inheritance process varies depending on the size of the estate, the number of heirs and the level of agreement between the parties. While a simple probate and sharing process can be finalized in a few weeks, cases involving disputes can take months or even years. Therefore, it is necessary to start the process early and act in a planned manner.
Advantages of Professional Support
Trying to carry out inheritance procedures in Turkey individually while living abroad can create difficulties in terms of both time and cost. With the support of a professional lawyer, it is ensured that the process proceeds in accordance with the law and legal deadlines are not missed.
We meticulously follow up inheritance transactions in Turkey on behalf of our clients living abroad with processes we have developed specifically for them. We maintain communication, information and document sharing processes in digital environment.
Also istanbul inheritance lawyer you may also want to read our article.
Contact Us
If you live abroad and want to pursue an inheritance in Turkey, you can get professional support at all stages of the process. Simply contact us to secure your rights and protect yourself from possible risks.
