For many Turkish citizens living abroad, inheritance issues in Turkey come to the surface unexpectedly. A family member passes away, and suddenly questions arise about property, land, bank accounts, and legal rights. Unfortunately, most expats are not familiar with Turkish inheritance law, which can lead to serious delays, disputes, and even loss of rights.

This guide explains the inheritance and property distribution process in Turkey for expats in a clear and practical way.

Applicable Law in Turkish Inheritance Cases

Inheritance matters concerning property located in Turkey are governed by Turkish law, regardless of where the heirs live. Even if the deceased lived abroad or passed away outside Turkey, Turkish inheritance rules apply to immovable assets such as houses, land, and apartments located in Turkey.

This often surprises expats who assume that foreign law or the law of their country of residence will apply automatically.

Who Are the Legal Heirs?

Under Turkish Civil Law, legal heirs are determined by degrees of kinship:

• Children and spouse are first-degree heirs

• Parents and siblings may inherit if there are no children

• In some cases, extended family members may become heirs

The surviving spouse always has a share, but the percentage varies depending on other heirs involved.

Inheritance Certificate (Certificate of Heirship)

One of the first steps in the inheritance process is obtaining a Certificate of Heirship (Veraset İlamı). This document officially identifies the heirs and their respective shares.

Expats can obtain this certificate either:

• Through Turkish courts

• Or via Turkish consulates abroad (in certain cases)

Without this certificate, no inheritance-related transactions can be completed.

Property and Asset Distribution

Once heirs are officially recognized, inheritance assets are distributed according to legal shares. If multiple heirs exist, properties often become jointly owned, which may later lead to disputes.

Selling or transferring jointly owned property requires consent from all heirs, unless a court-ordered partition is obtained.

Inheritance Tax in Turkey

Inheritance tax applies in Turkey, even for heirs living abroad. The tax rate is relatively low compared to many European countries, but it must still be declared and paid within specific deadlines.

Failure to comply with tax obligations may result in penalties and interest.

Common Problems Faced by Expats

• Lack of communication between heirs

• Missing documents from abroad

• Disagreements over property usage

• Delays due to absence from Turkey

These issues often escalate into long and costly legal disputes.

Acting Through Power of Attorney

Expats do not need to travel to Turkey for every procedure. Most inheritance matters can be handled through a power of attorney issued at a Turkish consulate.

This allows an attorney to manage court proceedings, tax filings, and property transactions on behalf of the heir.

Conclusion

Inheritance and property distribution in Turkey can be complex, especially for expats. Early legal guidance helps prevent disputes, delays, and unnecessary expenses.

Seeking professional legal assistance ensures that your rights are protected and the process runs smoothly.