Turkish succession law protects a defined group of heirs by a fixed share that the deceased cannot freely dispose of. For heirs abroad the first question is not the share but which country's law applies.
The Turkish pages cover this subject at greater length, with worked examples and petition templates: Miras Hukuku.
Which Law Applies
Turkish private international law separates the estate. Immovable property situated in Turkey is governed by Turkish law, whatever the nationality of the deceased. Movable property is in principle governed by the national law of the deceased.
The practical consequence is that a will valid abroad may still be constrained in respect of Turkish real estate. A foreign national cannot leave a house in Turkey entirely outside the Turkish rules on reserved shares.
Reserved Shares
The reserved share is the portion of the estate that certain heirs are entitled to receive regardless of the deceased's wishes. Descendants, parents in defined circumstances and the surviving spouse fall within this protected group; siblings do not.
Where a will or a lifetime disposition encroaches on a reserved share, the remedy is an action for abatement. It is subject to time limits running from the moment the heir learns of the infringement, and those limits are short enough to be missed while family discussions continue.
A distinct claim arises where the deceased transferred property during life while describing it as a sale, in order to defeat the heirs. Turkish practice addresses this as a simulated transaction, and the claim is not subject to the same limitation period as abatement.
Certificate of Inheritance
Nothing can be transferred without a certificate of inheritance, the document establishing who the heirs are and in what shares. It is obtained from a notary or, where the position is contested or a foreign element makes it necessary, from the civil court of peace.
Where an heir is a foreign national, the notary route is generally unavailable and the certificate must be sought from the court. Foreign documents — death certificate, marriage and birth records — require an apostille and sworn translation.
Until the estate is divided, the heirs hold the property jointly. No single heir can sell a share of a particular asset; disposal requires the agreement of all, failing which an action for the dissolution of joint ownership is brought.
Debts and Disclaimer
An estate passes with its debts. Where liabilities exceed assets, an heir may disclaim the inheritance by declaration to the court within three months. The period runs from the date the heir learns of the death and of their status as heir.
Missing the period, or dealing with estate assets in the meantime, is treated as acceptance. Where the estate is manifestly insolvent at the time of death, disclaimer is presumed, but relying on that presumption without advice is risky.
Frequently Asked Questions
Not entirely. Immovable property in Turkey is governed by Turkish law, and the reserved shares of protected heirs limit free disposal.
Generally from the civil court of peace rather than a notary, supported by apostilled and sworn-translated civil status documents.
An heir may disclaim within three months of learning of the death and of their status. Dealing with estate assets in the meantime counts as acceptance.
An action for the dissolution of joint ownership may be brought; the court orders division in kind or sale and distribution of the proceeds.