Inheritance and probate procedures in Turkey involve specific legal processes, especially for German citizens or dual nationals.

Below, you can quickly find the most frequently asked questions and their answers.

📋 Frequently Asked Questions List

1. If there is no will, who inherits in Turkey and in what proportions?
2. As a German citizen, how can I prepare a valid will in Turkey?
3. What is “forced heirship” in Turkish law and does it apply to German citizens?
4. When calculating inheritance shares in Turkey, are gifts made in Germany or Turkey taken into account?
5. As an heir living in Germany, how can I protect my inheritance rights in Turkey?
6. As an heir in Turkey, how can I register my name in the land registry?
7. As a German citizen, when and at what rate do I pay inheritance tax in Turkey?
8. If the estate in Turkey has debts, what legal remedies can I use to reject the inheritance or limit liability?
9. How can I find the right lawyer in Turkey for inheritance cases from Germany?
10. What are the main differences between Turkish inheritance law and German inheritance law?

1. If there is no will, who inherits in Turkey and in what proportions?

If there is no will, according to the Turkish Civil Code, the estate is distributed equally among the descendants. The spouse inherits together with the children. If there are no descendants, the estate passes to the parents and siblings, and if they are not alive, to more distant relatives. The Turkish Civil Code divides inheritance among descendants, ascendants, and the spouse in a specific order.

1st Degree: Children, Grandchildren, and Their Children

• Children, grandchildren, and great-grandchildren inherit in equal shares.
• Children born out of wedlock have the same rights as those born in wedlock.
• Adopted children have dual inheritance rights:
  • They inherit from their biological parents.
  • They also inherit from their adoptive parents (but not from the relatives of the adoptive parents).
• A paternity lawsuit can be filed even after the death of the deceased, granting inheritance rights to the child.

2nd Degree: Parents and Siblings

• If the deceased has no descendants, the estate goes to the parents.
• If one parent is deceased, their share passes to the siblings.

3rd Degree: Grandparents

• If there are no parents or siblings, the estate passes to the grandparents.
• If they are not alive, it passes to their children (uncles, aunts).

Spouse’s Share

• The spouse always receives a fixed share of the inheritance, depending on the presence of other heirs:
  • Spouse + Children (1st degree) → Spouse receives 1/4 of the estate.
  • Spouse + Parents or Siblings (2nd degree) → Spouse receives 1/2 of the estate.
  • Spouse + Grandparents or Their Descendants (3rd degree) → Spouse receives 3/4 of the estate.
  • Spouse alone → Receives the entire estate.

Notes:

• Turkish law does not recognize same-sex marriages.
• In Turkey, inheritance is transferred under the principle of “universal succession,” meaning heirs automatically assume all rights and debts of the deceased.

2. As a German citizen, how can I prepare a valid will in Turkey?

A will prepared before a notary in Turkey in compliance with formal requirements is the safest method. Wills prepared in Germany must be properly executed, apostilled, and recognized (exequatur) to be valid in Turkey.

3. What is “forced heirship” in Turkish law and does it apply to German citizens?

Forced heirship ensures that certain close relatives of the deceased (spouse, children, parents) cannot be completely disinherited. This rule applies to property located in Turkey, even if the heir is a German citizen.

4. When calculating inheritance shares in Turkey, are gifts made in Germany or Turkey taken into account?

Yes. Gifts made by the deceased that unfairly affect the balance among heirs (especially substantial gifts made in the last few years) can be included in the inheritance calculation through a reduction lawsuit (tenkis davası).

5. As an heir living in Germany, how can I protect my inheritance rights in Turkey?

You can authorize a representative by power of attorney without traveling to Turkey to obtain a certificate of inheritance, initiate title deed procedures, and file lawsuits. You can also request a preliminary injunction to prevent the sale or transfer of inherited real estate.

6. As an heir in Turkey, how can I register my name in the land registry?

First, obtain a certificate of inheritance, then apply for transfer of title at the land registry office. You can complete these procedures from Germany by granting power of attorney to your lawyer.

7. As a German citizen, when and at what rate do I pay inheritance tax in Turkey?

Property acquired through inheritance in Turkey is subject to inheritance tax. The obligation applies to both Turkish citizens and foreigners under certain conditions.

Who Pays the Tax?

• Turkish Citizens: Pay inheritance tax even if they reside outside Turkey.
• Non-Turkish Citizens: Are liable if they inherit real estate or taxable assets located in Turkey.

Tax Rates and Exemptions

• Rates range from 1% to 10%, depending on the degree of kinship and the total value of the inheritance.
• New rates and exemption amounts are determined each December.

Declaration and Payment Deadlines

• Declaration deadline: Within 4 months from the date of death.
• For heirs living abroad, the deadline is extended to 6 months.
• A liquidation certificate is required for banks to release inherited deposits.

Real Estate and Sales

• Real estate value is calculated based on the official tax value.
• No separate title deed fee or transfer tax is charged for inherited real estate.
• However, if the inherited real estate is sold within 10 years from the original purchase date by the deceased, capital gains tax applies.

Double Taxation with Germany

• There is no double taxation treaty between Turkey and Germany covering inheritance tax.
• Therefore, the inheritance may be taxed in both Turkey and Germany.

8. If the estate in Turkey has debts, what legal remedies can I use to reject the inheritance or limit liability?

You can declare rejection of the inheritance within 3 months of the deceased’s death. Additionally, by requesting “inventory proceedings,” you can limit liability to the value of the estate.

9. How can I find the right lawyer in Turkey for inheritance cases from Germany?

Choose a lawyer in Turkey experienced in both inheritance law and private international law. Lawyers who speak German or English can make the process easier.

10. What are the main differences between Turkish inheritance law and German inheritance law?

• Forced heirship rules are broader in Turkey.
• Formal requirements for wills are stricter in Turkey.
• Transfer procedures are generally carried out at the land registry rather than before a notary in Turkey.
• Testamentary freedom is broader in Germany, and in some cases, handwritten wills are valid.

İstersen bunun yanına **SEO uyumlu İngilizce meta açıklamalar ve anahtar kelimeler** de ekleyebilirim ki Google İngiltere ve Google Almanya’da daha görünür olsun.