Understanding the Process of Obtaining a Certificate of Inheritance in Turkey

When a person passes away in Turkey, their assets and liabilities must be legally transferred to their heirs. This transfer requires a vital document known as a Certificate of Inheritance, or ‘veraset ilamı’ in Turkish. The process of obtaining this certificate can be complex, particularly for foreigners unaccustomed to the Turkish legal system. This blog aims to provide an overview of the necessary steps to facilitate a smoother experience during this challenging time.

Step 1: Documentation Gathering

The first step in the process is to gather all required documents. Heirs need to collect the deceased’s death certificate, identification documents, and potentially a will if one was registered. Additionally, to apply for a Certificate of Inheritance, all heirs must have valid identification indicating their relation to the deceased. Foreigners should also have their documents officially translated into Turkish and notarized to meet the legal requirements.

Step 2: Filing a Petition

After assembling all necessary documents, heirs must file a petition with the magistrate court (sulh hukuk mahkemesi) located in the jurisdiction where the deceased’s primary residence was situated. This petition is the formal request for the issuance of a Certificate of Inheritance and must be accompanied by the compiled documents. The assistance of a Turkish lawyer can be invaluable at this stage to ensure that the filing complies with all procedural requirements.

Step 3: Court Assignment and Process

Once the petition is filed, the court will assign a date to review the case. Heirs may need to attend court hearings, where questions pertaining to the distribution of the estate and the identification of heirs are addressed. A court-appointed inheritance registrar may also be involved to investigate and confirm the legitimacy of the claim. During this period, the court may place a temporary injunction on the estate assets to prevent unauthorized transactions.

Step 4: Tax Evaluation and Payment

In parallel with the legal proceedings, the matter of inheritance tax must be addressed. In Turkey, taxes on inheritance must be filed and paid before the Certificate of Inheritance can be issued. The rate of taxation varies based on the value of the estate and the relationship of the heir to the deceased. The tax declaration is to be made to the relevant tax office, and payment must follow within the legally specified term. Heirs may need to acquire the services of a financial advisor or attorney specialized in Turkish tax law to navigate this aspect properly.

Step 5: Receiving the Certificate of Inheritance

After fulfilling all legal and tax obligations, the court will issue the Certificate of Inheritance. This certificate officially recognizes the heirs’ rights to the deceased’s assets and is a definitive document for concluding all further legal transactions, such as property transfers or accessing bank accounts. While this concludes the core legal process, heirs should retain professional guidance to resolve any remaining administrative or financial matters related to the inherited estate.

Obtaining a Certificate of Inheritance in Turkey (‘veraset ilamı nasıl alınır’) is a multifaceted procedure requiring diligent attention to detail and an understanding of the Turkish legal system. It’s highly advisable for foreigners to engage a reputable Turkish law firm specializing in inheritance matters to alleviate the complexities of the process. At Bayraktar Attorneys, our experts are well-versed in supporting international clients through this procedure, ensuring a seamless transition of estate matters in accordance with Turkish law.

Ready to navigate the process of obtaining a Certificate of Inheritance in Turkey? Make use of Bayraktar Attorneys Inheritance Law Services today for expert legal assistance and guidance. Our experienced team specializes in inheritance matters and is dedicated to helping foreigners smoothly navigate the complexities of the Turkish legal system. Don’t hesitate to reach out for professional support in securing your inheritance rights in Turkey.