Inheritance & Succession Law in Türkiye

Inheritance law governs how a deceased person’s estate is distributed among legal and appointed heirs. When cross-border elements are introduced – such as foreign nationals owning property in Türkiye, or international heirs reclaiming assets left behind by a deceased loved one – the process becomes immensely complex. Conflicts frequently erupt over the validity of foreign wills, breaches of statutory reserved shares, asset concealment, or disagreements among international heirs. Navigating Turkish probate courts and tax offices requires absolute precision.

At Kotan & Gökce Law Firm, we specialize in helping foreign citizens and international families protect their inheritance rights in Türkiye. From obtaining localized certificates of inheritance to conducting comprehensive asset tracing, estate division, and litigating inheritance disputes, we provide clear, English-language legal guidance. We combine deep technical knowledge of Turkish civil law with an empathetic, solution-oriented approach to manage sensitive family dynamics smoothly.

Our Scope of Services for International Inheritance Cases:

  • Obtaining Certificates of Inheritance: Securing a formal Certificate of Inheritance (veraset ilamı) from Turkish courts or notaries to legally establish your heirship as a foreign citizen.

  • Dissolution of Joint Estate Ownership: Representing heirs in partition and co-ownership lawsuits (izale-i şuyu) to equitably divide or liquidate inherited real estate and assets.

  • Wills and Estate Litigation: Filing or defending against lawsuits regarding the cancellation, reduction (tenkis), or structural interpretation of wills.

  • Disinheritance & Waiving Rights: Executing formal disinheritance procedures or drafting legally sound waivers of inheritance agreements (mirastan feragat).

  • Estate Determination & Asset Tracing: Initiating court audits to identify, locate, and secure the deceased’s total Turkish estate (tereke tespiti) along with emergency injunctions to prevent asset dissipation.

  • Formal Rejection of Inheritance: Managing the legal process to formally reject an inheritance (mirasın reddi) within strict statutory deadlines to protect you from the deceased’s liabilities.

  • Inheritance Tax Compliance: Guiding foreign heirs through Turkish inheritance and transfer tax (veraset ve intikal vergisi) declarations to safely clear title deeds.

  • Combating Estate Fraud (Muris Muvazaası): Litigating claims where a deceased relative illegally transferred property prior to their death to intentionally deprive foreign heirs of their rightful shares.

Why Kotan & Gökce?

Cross-Border Estate Planning:

We draft custom wills and inheritance contracts that seamlessly align with Turkish statutory restrictions, preventing future legal deadlocks for your international beneficiaries.

Fierce Trial & Negotiation Advocacy:

If disputes arise among heirs, we represent your interests in local courts and mediation rooms, ensuring your foreign status is never exploited and your financial rights are fully protected.

A Straightforward Bridge to Turkish Probate:

The Turkish probate system involves heavy bureaucracy across civil courts, land registries, and tax departments. We manage the entire lifecycle of the estate distribution, keeping you updated in plain English.

Critical Inheritance Realities under Turkish Civil Law

A will being challenged, frozen, or invalidated due to formal procedural errors.

Foreign wills or handwritten testaments are not automatically executed in Türkiye; they must undergo a formal recognition process. Under Turkish law, strict formatting criteria apply. If a will is suspected to have been signed under duress, mental incapacity, or fails to meet local statutory shapes, heirs can successfully petition a Turkish court to declare it null and void.

Being deprived of your statutory mandatory inheritance allocation.

Unlike some legal systems that allow total freedom of testation, Turkish law enforces a strict “Statutory Reserved Share” (saklı pay) rule to protect close family members. If the deceased left all their Turkish assets to a third party or charity, bypassing you, we can launch a Reduction Lawsuit (Tenkis Davası) to legally reclaim your mandatory minimum percentage of the estate.

 

Total gridlock among international heirs regarding how to divide or sell inherited real estate.

When multiple heirs inherit shares of a Turkish villa, commercial property, or plot of land, no single heir can sell the property without unanimous consent. If negotiations fail, any shareholder has the right to file an izale-i şuyu lawsuit, compelling a court-ordered public auction to sell the asset and distribute the cash proceeds according to legal shares.

 

Unknowingly inheriting massive, hidden financial liabilities or debts.

In Türkiye, inheriting an estate means you inherit both the assets and the debts. If a deceased relative had substantial tax debts or private liabilities that exceed the value of their property, you could become personally liable. To prevent this, a formal Rejection of Inheritance (Mirasın Reddi) must be filed with the civil court within a strict window of exactly 3 months from the date you learned of the passing.

 

Suspicion that other relatives or third parties have hidden or seized estate assets.

If local parties have unauthorized access to the deceased’s bank accounts, or are concealing valuable physical assets, immediate legal action is vital. We file for an emergency Estate Determination (Tereke Tespiti) to frozen accounts, audit past transaction history, and place judicial seals on properties until legal ownership is settled.

 

To protect your inheritance rights, secure a rightful share of a Turkish estate, or draft a legally sound cross-border will, contact our inheritance law team to schedule a formal consultation.

Your legal partner in Izmir-Turkiye

Please contact us for consultation. You can reach us via WhatsApp, phone or e-mail.

info@kotangokce.com Mon – Fri 09:00-18:00

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