Alanya Inheritance Lawyer

Certificate of Inheritance (Veraset İlamı)

A certificate of inheritance is issued on application by the civil court of peace or by a notary to persons established as statutory heirs. If a disposition upon death appointing an heir or making a legacy is not challenged within one month, the civil court of peace issues the beneficiary a document showing that he or she is an appointed heir or legatee (TMK Art. 598). The invalidity of the certificate may be asserted at any time; the right to bring an action for annulment of the disposition is also reserved. If the inheritance has not been transferred in the land registry within two years of the death, the land registry office may itself apply to the court for a certificate of inheritance (Land Registry Law No. 2644, Additional Art. 1).

Renunciation of Inheritance

Statutory and appointed heirs may renounce the inheritance. The renunciation period is three months; for statutory heirs it starts on the date they learn of the death, and for appointed heirs on the date the disposition is officially notified to them (TMK Arts. 605, 606). Renunciation is made unconditionally by an oral or written declaration to the civil court of peace (TMK Art. 609). If the deceased’s insolvency was evident or officially established at the time of death, the inheritance is deemed renounced (TMK Art. 605/2). An heir who does not renounce within the statutory period acquires the inheritance unconditionally; dealing with estate affairs as an heir or concealing estate assets before the period expires may also extinguish the right to renounce (TMK Art. 610). For this reason, in an estate burdened with debt the first step is to establish the date on which the period started.

Wills

A will may be made in official form, in the testator’s own handwriting or, in extraordinary circumstances, orally (TMK Art. 531). An official will is drawn up by a public officer in the presence of two witnesses (TMK Art. 532); a handwritten will must be written entirely in the testator’s hand from beginning to end, showing the year, month and day on which it was made, and signed (TMK Art. 538). A will found after the testator’s death must be delivered immediately to the judge of the civil court of peace, regardless of whether it is valid (TMK Art. 595). The will is also examined for formal validity and content with a view to annulment and reduction.

Reduction and Reserved Shares

The reserved share is half of the statutory share for descendants and one quarter of the statutory share for each parent; for the surviving spouse it is the entire statutory share where the spouse inherits together with descendants or the parents’ class, and three quarters in other cases (TMK Art. 506). Heirs who do not receive the value of their reserved share may sue for the reduction of dispositions exceeding the portion the deceased was free to dispose of (TMK Art. 560). Gifts and transfers made by the deceased with the aim of circumventing the reserved-share rules, as well as certain donations, are subject to reduction in the same way as dispositions upon death (TMK Art. 565). The right to bring a reduction action lapses one year after the heir learns that the reserved share has been infringed and, in any case, ten years after the opening of the will (for wills) or the opening of the succession (for other dispositions) (TMK Art. 571). A separate action for annulment may be brought against a disposition upon death on grounds of incapacity, defects of consent, illegality or lack of form (TMK Arts. 557, 559).

Concealed Transfers by the Deceased (Muris Muvazaası)

Where the deceased presents a transaction that is in substance a gift as a sale in order to deprive the heirs of property, this is referred to in practice as muris muvazaası (simulated transfer by the deceased). One of the bases of this assessment is the rule that, in determining the type and content of a contract, the true and common intention of the parties prevails over any words used by mistake or to conceal their real purpose (Turkish Code of Obligations (TBK) Art. 19/1). The details have been shaped by case law; as a rule, the action is brought as a claim for cancellation of title and re-registration before the court where the property is located. For the general framework, see the articles Action for Cancellation of Title and Re-registration and simulated real estate sales.

Estate Partition and Termination of Co-ownership

Where there are several heirs, a community comprising all rights and obligations of the estate arises among them until partition; the heirs own the estate jointly, and at the request of any heir the civil court of peace may appoint a representative for the community of heirs until partition (TMK Art. 640). Unless obliged by contract or law to continue the community, each heir may request partition of the estate at any time and may ask the court to order the assets to be divided in kind or, where that is not possible, by sale (TMK Art. 642). Applying to a mediator before filing a partition action or an action for termination of co-ownership is a precondition for bringing the case (Mediation Law No. 6325, Art. 18/B/1-b).

Under the provision added to Art. 114/2 of the Enforcement and Bankruptcy Law (İİK) by Law No. 7589 (the 12th Judicial Package), where the sale of real estate is ordered to terminate co-ownership and all owners acquired the property through inheritance with no third party holding ownership rights, the first auction is held only among the co-owning heirs; this procedure applies once. The amendment does not apply to auctions announced before 31/7/2026 (Law No. 7589, Provisional Art. 1/1). For details, see the article 12th Judicial Package.

Inheritance of Real Estate in Turkey by Foreigners

As a rule, succession is governed by the national law of the deceased; however, Turkish law applies to immovable property located in Turkey (Turkish Private International and Procedural Law (MÖHUK) Art. 20/1). Inheritance disputes are heard by the court of the deceased’s last domicile in Turkey or, if the last domicile was not in Turkey, by the court where the estate assets are located (MÖHUK Art. 43). Land registry transfers for foreign individuals are carried out on the basis of certificates of inheritance issued by Turkish courts, or issued by their own competent authorities and confirmed by Turkish courts as complying with the Turkish rules on succession procedure (Land Registry Law Art. 37). Under the last paragraph of Land Registry Law Art. 35, real estate acquired by inheritance outside the limits of the first paragraph may be liquidated and converted into money if it is not disposed of within a period of up to one year set by the Ministry of Finance; whether a particular case falls within this scope is assessed separately in each file. For details, see the article Inheritance Rights of Foreigners in Turkey: The Real Estate Inheritance Process in Alanya and the page Alanya Foreigners Law Lawyer.

Inheritance and Transfer Tax

The transfer of assets located in Turkey by way of inheritance is subject to inheritance and transfer tax (Law No. 7338, Art. 1). Real estate is valued at its property tax value (Art. 10/b). If the death occurred in Turkey and the taxpayers are in Turkey, the return is filed within four months following the date of death, and within six months if the taxpayers are abroad; if the death occurred abroad, the periods are six, four or eight months depending on where the taxpayers are (Art. 9). Taxpayers abroad file their returns with Turkish consulates (Art. 8). The tax may be paid within three years of assessment in two equal instalments each May and November; for the sale or transfer of inherited real estate, a tax clearance certificate is required at the land registry unless the tax has been paid in full or security has been provided (Art. 19). Because exemption and tariff amounts are updated annually, no amounts are given on this page. For tax disputes, see the page Alanya Tax Lawyer.

Protection of the Estate and Estate Inventory

Following the death, protective measures such as sealing, the drawing up of an estate inventory or the official administration of the estate are requested from the civil court of peace and the process is followed up (TMK Arts. 589-592).

Public Inventory

Where it is unclear whether the estate is over-indebted, a public inventory is requested from the civil court of peace within one month on behalf of an heir entitled to renounce, and the determination of claims and debts is monitored (TMK Art. 619).

Official Liquidation of the Estate

Instead of renouncing or requesting a public inventory, official liquidation of the estate is requested and the heirs’ rights are protected during the liquidation process (TMK Art. 632).

Inheritance Contracts and Waiver of Inheritance

Drafts of inheritance contracts and of waiver-of-inheritance agreements, with or without consideration, are prepared and their execution in the form of an official will is handled (TMK Arts. 527, 528, 545).

Disinheritance

A disinheritance disposition is examined for compliance with the statutory grounds and form; an objection and annulment action is pursued on behalf of the disinherited heir, and the disposition is prepared on behalf of the testator (TMK Arts. 510-513).

Unworthiness to Inherit

Determination and court proceedings are conducted regarding persons who, because of serious acts listed in the law, are unworthy to inherit or to acquire rights under a disposition upon death (TMK Art. 578).

Action for Recovery of the Inheritance

An action for recovery of the inheritance is brought on behalf of the heirs against persons holding estate assets without being heirs, observing the periods of one year from knowledge and, in any case, ten years (TMK Arts. 637-639).

Legacy Claims and Executor of the Will

Claims and court proceedings for the performance of a legacy on behalf of the legatee, as well as the appointment of an executor of the will and the supervision of the executor’s acts, are followed up (TMK Arts. 550, 600-601).

Equalisation (Collation)

Claims for the equalisation in the partition of lifetime gifts made by the deceased to descendants are prepared, negotiated and, where necessary, pursued in court (TMK Arts. 669-675).

Partition Agreement and Amicable Partition

Where the heirs reach agreement, a written partition agreement is drafted, negotiations and mediation sessions are conducted, and the registration of real estate in the heirs’ names at the land registry is followed up (TMK Art. 676).

Transfer of Bank Accounts and Other Estate Assets

For the transfer of deposits, vehicles, company shares and similar estate assets to the heirs, the required certificate of inheritance and tax office letters are prepared and the formalities are carried out before the relevant institutions.

Recognition of Foreign Inheritance Certificates and Judgments

Recognition or enforcement actions are filed so that inheritance certificates and inheritance judgments obtained abroad can be used in Turkey, and apostille, translation and certification steps are planned (MÖHUK Arts. 50-59).