Legal steps in the event of inheritance
When a foreign national who owns property in Turkey passes away, their heirs must engage with the Turkish judicial system to obtain a certificate of inheritance. This certificate is essential for transferring the property into their names at the land registry, or for legally managing the property in any way.
Under Article 598 of the Turkish Civil Code (Law No. 4721), only civil peace courts have the authority to issue certificates of inheritance. The possibility of applying for a certificate of inheritance from a Turkish notary is granted only to Turkish citizens. In cases of inheritance involving foreigners, a notarial certificate of inheritance cannot be applied for.
Procedural Requirements to obtain a certificate of inheritance
For a Turkish citizen to obtain a certificate of inheritance from a civil peace court, documents proving the death and the identities of the deceased’s heirs must accompany the application. Typically, this includes civil registry extracts provided by the relevant registration offices. For Turkish citizens, obtaining these documents generally poses no significant issues.
Foreign nationals must provide the court with documents and corresponding evidence to prove their status as heirs. The following official documents are considered suitable:
1. Death certificate of the deceased.
2. Birth certificates of the heirs.
3. Marriage certificate of the deceased (if applicable).
4. Civil registry extracts or equivalent documents from the foreign jurisdiction.
5. Will of the deceased (if available).
6. Apostilled statements from notary publics or equivalent authorities confirming the heirs.
7. Any other legal documents that establish the relationship between the deceased and the heirs, and the distribution of the inheritance.
The foreign (e.g., British) original documents must be affixed with an apostille by the competent authorities. These documents must then be translated into Turkish by a sworn translator.
Issuance of the certificate of inheritance by the Turkish court
The Turkish court examines the submitted documents to determine if the legal requirements for succession are met. This process involves a judicial procedure, including oral hearings. It is not uncommon for the court to request expert opinions, legal inquiries to the Turkish Ministry of Justice, and, in specific cases, requests for legal assistance from abroad, which can delay the proceedings. If the court, upon reviewing the documents, concludes that the legal criteria are satisfied, it will proceed accordingly.
