Istanbul Inheritance and Probate Lawyer

When a foreign national or Turkish expat passes away leaving real estate, bank accounts, corporate shares, or safe-deposit boxes in Istanbul, foreign heirs must complete a structured judicial probate and tax clearance process before Turkish authorities will release or transfer any asset. Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No: 6281), represents international heirs, executors, and beneficiaries before the Istanbul Civil Courts of Peace (Sulh Hukuk Mahkemeleri) and Civil Courts of First Instance (Asliye Hukuk Mahkemeleri) at Çağlayan, Kartal, and Bakırköy Courthouses.

1. Applicable Law to Estates in Istanbul: The Lex Rei Sitae Rule (MÖHUK Art. 20)

Article 20/1 of the Turkish International Private and Procedural Law Act No. 5718 (MÖHUK) establishes a mandatory split-conflict rule for cross-border estates in Istanbul:

• Real Estate Located in Istanbul (Immovable Property): Strictly governed by Turkish substantive inheritance law (Turkish Civil Code No. 4721 — TMK Art. 495–682), regardless of the deceased owner’s nationality, domicile, or religion.
• Movable Estate Assets (Bank Accounts, Equities, Vehicles, Safe-Deposit Boxes): Governed by the national law of the deceased (Murisin Milli Hukuku) at the time of death, while procedural probate administration and estate distribution in Istanbul are governed by Turkish law (MÖHUK Art. 20/2).

2. Obtaining a Certificate of Inheritance (Veraset İlamı — TMK Art. 598) in Istanbul

Turkish banks, Title Deed Directorates (Tapu), and Trade Registries do not directly execute foreign probate grants or foreign certificates of heirship. Instead, foreign heirs must obtain a Turkish judicial Certificate of Inheritance (Mirasçılık Belgesi / Veraset İlamı) from an Istanbul Civil Court of Peace (Sulh Hukuk Mahkemesi) using apostilled civil status/kinship records, death certificates, and sworn translations.

3. Turkish Wills (Vasiyetname), Forced Heirship (Saklı Pay) & Renunciation of Inheritance

• Drafting & Enforcing Official Wills (Resmi Vasiyetname — TMK Art. 532): Foreign property owners in Istanbul frequently execute an official will before a Turkish Notary Public with two witnesses and a sworn interpreter to streamline succession. Under MÖHUK Art. 20/4, a will validly executed under the form requirements of the deceased’s national law is also recognized in Istanbul through a judicial Will Opening and Enforcement action (Vasiyetnamenin Açılması ve Tenfizi).
• Forced Heirship Rules (Saklı Pay — TMK Art. 506) & Abatement Lawsuits (Tenkis Davası): Under Turkish law, statutory forced shares protect descendants (50% of statutory share), parents (25%), and the surviving spouse (100% when inheriting with descendants/parents, or 75% otherwise). If a will or lifetime gift infringes forced shares, heirs may file an abatement lawsuit (Tenkis Davası — TMK Art. 560) or anti-collusion title cancellation suit (Muris Muvazaası).
• 3-Month Deadline for Renunciation of Debt-Ridden Estates (Reddi Miras — TMK Art. 605): Because Turkish law applies universal succession (where heirs become personally liable for the deceased’s debts under TMK Art. 599), heirs must file a formal renunciation declaration within 3 months (TMK Art. 606) or seek judicial renunciation of an insolvent estate (Hükmen Red — TMK Art. 605/2).

Frequently Asked Questions (FAQ)

How do foreign heirs discover what apartments or bank accounts a deceased relative owned in Istanbul?

Once we initiate the Certificate of Inheritance (Veraset İlamı) or Estate Determination (Tereke Tespiti) proceeding before the Istanbul Civil Court of Peace, the judge issues electronic UYAP inquiries to the Land Registry System (TAKBİS), the Central Securities Depository (MKK), the Trade Registry (MERSİS), and all banks operating in Turkey to compile a complete inventory of the deceased’s assets.

Does Turkish law or the deceased’s home-country law apply to apartments in Istanbul?

Under Article 20/1 of MÖHUK No. 5718, Turkish inheritance law (Turkish Civil Code No. 4721) applies mandatorily to all immovable property (real estate) located in Turkey, regardless of the deceased’s nationality. For bank deposits and movable assets, the deceased’s national law applies to determine statutory heirs and shares.

Can foreign heirs transfer an inherited Istanbul property and collect bank funds without traveling to Turkey?

Yes. By granting an apostilled or Turkish Consulate Power of Attorney containing specific probate, tax office, bank collection, and Title Deed transfer powers, our attorneys obtain the judicial Veraset İlamı, clear Inheritance Tax at the Hisar or Rıhtım Tax Office, transfer the Title Deed into the heirs’ names, and remit inherited bank funds internationally.

Are there nationalities restricted from inheriting real estate in Istanbul?

Under Article 35 of the Land Registry Law No. 2644, citizens of countries not on the eligible foreign acquisition list (or properties located in military security zones) still retain their financial inheritance rights: the Title Deed is transferred for liquidation purposes and the heirs receive the full sale proceeds.

What happens if one co-heir refuses to cooperate in selling an inherited apartment in Istanbul?

Any single heir holding the Certificate of Inheritance can file a Partition Lawsuit (Ortaklığın Giderilmesi / İzale-i Şüyu Davası under TMK Art. 642 and Art. 699) before the Istanbul Civil Court of Peace to terminate joint ownership and distribute the proceeds proportionally among all heirs.