Inheritance and Wills

An inheritance is the total collection of assets and liabilities that pass to legal heirs upon an owner's death. An inheritance encompasses not only real estate and liquid funds, but also existing debts and liabilities.
Türkiye has a well-structured, modern system of inheritance law regulated under the Turkish Civil Code.

Order of succession (Statutory heirs)

The primary legal heirs of the deceased are the surviving spouse and children.
If there are no children, the right of inheritance passes to other relatives according to the statutory order of succession: parents, siblings, grandparents, and their descendants.

Inheritance of property belonging to a Turkish citizen

Following the death of a Turkish citizen, official notifications are transmitted from healthcare institutions to relevant government bodies:
The Civil Registry Department, the Land Registry and Cadastre Directorate, and the civil courts.

Heirs must apply to a notary public or civil court to obtain a certificate of inheritance (veraset ilamı). This document officially establishes all rightful heirs and their specific shares in movable and immovable property.
The formal distribution and title transfer of real estate take place upon payment of the inheritance tax in accordance with the issued certificate.

Inheritance of real estate owned by a foreigner in Türkiye

If the property owner was a foreign national, the legal procedure follows similar principles, with a few additional statutory requirements.

Heirs are required to provide the following documentation:

• a certificate of inheritance issued by the competent authorities in their country of citizenship or residence;
• official civil registry records certifying family ties and lineage.

Subsequent procedures depend on whether the foreign country is a party to the Hague Apostille Convention.

If the country is a signatory to the Hague Convention

Documents bearing an Apostille certificate are directly recognized in Türkiye and acquire legal validity upon certified Turkish translation and notarial certification, without requiring extra diplomatic legalization.

If the country is not a signatory to the Hague Convention

Turkish courts verify whether the principle of legal reciprocity exists between the two states.

• If a bilateral judicial assistance treaty exists, the documents are recognized accordingly.
• In the absence of a treaty, an inheritance lawsuit is initiated before a Turkish civil court, which verifies the death and identifies rightful heirs through diplomatic channels and official inquiries with the country of origin.

How is inheritance distributed under Turkish law?

In the absence of a valid will, the estate is distributed among statutory heirs according to legal quotas as follows:

• Spouse and children: 25% to the surviving spouse and 75% divided equally among the children.
• Spouse and parents (no children): 50% to the spouse and 50% divided among parents and siblings.
• Spouse and grandparents (no children or parents): 75% to the spouse and 25% to grandparents and their descendants.
• Spouse only (no heirs in other classes): 100% of the estate is transferred to the surviving spouse.

The procedure for registering inherited real estate

Upon inheriting real estate in Türkiye, title registration must be transferred at the relevant Land Registry Office (Tapu Müdürlüğü).

• For Turkish citizens, civil data is verified automatically through central registry networks.
• Foreign heirs file an application with the competent Turkish court accompanied by verified kinship documents to secure a Turkish certificate of inheritance.
• Following the issuance of the certificate of inheritance and settlement of inheritance tax, the property title (TAPU) is officially registered in the names of the new owners, typically within 2 business days.

Wills in Türkiye

A will is a formal legal instrument in which a property owner determines during their lifetime how and to whom their estate will be distributed upon their death.

Foreign citizens have the legal right to execute a will in Türkiye regarding their immovable assets. However, the will must comply with mandatory provisions of Turkish succession law, including statutory reserved shares; otherwise, it may be contested or voided in court.
Therefore, when drafting a testamentary disposition, it is strongly recommended to work alongside specialized legal counsel or a professional real estate firm experienced in assisting international clients.

A will may be:

• modified;
• revoked;
• redrafted at any time.

The most recent valid version in force at the time of the testator's death holds full legal power.

Types of wills under Turkish law

Turkish law recognizes three forms of wills:

1. Official Will: Drafted and executed before a notary public in the presence of two witnesses (the most secure and recommended option).
2. Holographic Will: Written entirely in the testator's own handwriting, dated, and signed.
3. Oral Will: Permitted solely under extraordinary circumstances (severe illness, mortal peril, war) and witnessed by two qualified individuals.