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Probate In Turkey


Probate In Turkey

In Turkey no matter if the deceased left a will or not, the heirs must first obtain an inheritance certificate from the courts in order to inherit the estate of the deceased. An inheritance certificate is a court decision stating the heirs of the deceased and their shares of the estate. To get that decision you will have to provide some certificates from the country of the deceased and the heirs with Apostilles. (An Apostille is a form of authentication issued from the country the certificate was issued.)

The heirs cannot sell or transfer the estate of the deceased before the estate is transferred on their name. Also the inheritance tax must be paid to sell or to transfer the inherited estate.

If the deceased did not leave will, the judge will decide that the movables of the deceased shall be distributed according to the deceased’s national law. The immovable of the deceased will be distributed within the legal heirs according to Turkish Law. Please read our article Inheritance Law In Turkey to find out more about the legal heirs in Turkey.

If there was a will of the deceased, the will first will be opened and read by the courts. For that, legal and appointed heirs (The heirs stated by the deceased on the will) must be invited to the court. If none of the heirs object to the will, the inheritance certificate will be issued by the court according to the wishes of the deceased.

The legal or appointed heirs may file a court case to contest the will with the following reasons:

  • If the deceased was not mentally healthy to issue the will
  • If the deceased wrote the will because he/she was frightened, pressured or cheated
  • If the will is against the law
  • If the will was not issued according to the law

Descendants, spouses and mother/father of the deceased have reserved portions of the estate which are less than their legal shares of the estate stated by the law. That means if the deceased gives the reserved portion of the legal heirs to someone, the heirs with reserved portions may file a court case after the death of the deceased against the heirs who took their reserved portions and make a claim. However, this is not a must. The inheritors with reserved portions may respect the deceased’ wishes and not make a claim.

For more information please contact us as  we are one of the top probate lawyers in Turkey.

Post Author: brc-yilmaz_admin

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