As an experienced Mersin inheritance lawyer, we provide this detailed guide to help you understand the intricacies of Turkish inheritance law, the probate process, and how to secure your legal rights regarding assets located in Turkey.
Understanding the Turkish Inheritance Legal System
In Turkey, inheritance matters are governed by the Turkish Civil Code (Türk Medeni Kanunu). The system is primarily based on the "statutory heirship" principle, meaning that if a person passes away without a will, the law strictly dictates who inherits the assets and in what proportion.
Who Are the Legal Heirs?
Under Turkish law, legal heirs are categorized into parental lineages known as "zümre."
The Concept of "Reserved Portion" (Saklı Pay)
One of the most critical aspects a Mersin inheritance lawyer will advise you on is the "Reserved Portion." Unlike in some common law jurisdictions (like the UK or USA), in Turkey, you cannot completely disinherit certain relatives (children, spouse, parents) even with a valid will, unless there are specific legal grounds for disinheritance. These heirs have a protected right to a certain percentage of the estate.
Essential Procedures for Inheritance in Mersin
When a person passes away leaving assets in Mersin, specific legal steps must be followed to transfer the ownership of real estate, bank accounts, and vehicles.
1. Obtaining the Certificate of Inheritance (Veraset İlamı)
This is the fundamental document required to process any inheritance. It lists the legal heirs and their respective shares.
2. Tax Obligations: Inheritance and Transfer Tax
Before any asset transfer can occur, the Inheritance and Transfer Tax (Veraset ve İntikal Vergisi) must be declared. This declaration must be submitted to the tax office within:
3. Transfer of Real Estate (Tapu Intikali)
Mersin is a hub for real estate investment. To transfer a property title (Tapu) from the deceased to the heirs, all tax liabilities must be cleared. A specialized inheritance lawyer in Mersin ensures that the "Intikal" (transfer) process at the Land Registry Directorate (Tapu Müdürlüğü) is conducted smoothly, preventing future ownership disputes.
Common Inheritance Lawsuits in Turkey
Disputes often arise during the distribution of the estate. Here are the most common cases handled by our law firm:
Action for Reduction (Tenkis Davası)
If the deceased has infringed upon the "reserved portion" of an heir through a will or pre-death gifts, the injured heir can file a lawsuit to reduce these dispositions and recover their protected share.
Action for Dissolution of Partnership (İzale-i Şuyu)
If heirs cannot agree on how to share a property (e.g., an apartment in Mersin Mezitli or Yenişehir), any heir can file this lawsuit. The court will order the sale of the property (usually via auction) and distribute the proceeds among the heirs according to their shares.
Cancellation of Title Deed Due to Collusion (Muris Muvazaası)
This is common when a parent transfers property to one child to deprive others of their inheritance, often disguising it as a sale. We help clients prove this collusion and reinstate the property into the estate.
Why You Need a Mersin Inheritance Lawyer?
Inheritance cases involving foreign elements are legally technical.
1. Language Barrier: Legal documents are in Turkish.
2. Bureaucracy: Navigating tax offices, courts, and land registries requires local presence.
3. Conflict Resolution: We act as mediators between conflicting family members to reach amicable settlements without long litigation.
4. Representation: You do not need to travel to Turkey. With a Power of Attorney, we can handle the entire process on your behalf.
Frequently Asked Questions (FAQ)
1. Can a foreigner inherit property in Mersin, Turkey?
Yes. Foreigners can inherit real estate in Turkey provided that the property is not in a military or security zone. The inheritance follows Turkish law for immovable property (real estate) located in Turkey.
2. Do I need to be physically present in Mersin to claim my inheritance?
No. You can issue a Power of Attorney (POA) to a Mersin inheritance lawyer from your country (via a Turkish Consulate or a Notary with Apostille). Your lawyer can handle all procedures, including court hearings and title deed transfers, on your behalf.
3. What happens if the deceased did not leave a will?
If there is no will, the estate is distributed according to the "statutory heirship" rules of the Turkish Civil Code. The spouse and children are typically the primary heirs.
4. Is there an inheritance tax in Turkey?
Yes. The Inheritance and Transfer Tax rates in Turkey are relatively low compared to Europe, ranging typically between 1% and 10%, depending on the value of the asset and the relationship to the deceased.
5. How long does the inheritance process take in Turkey?
Obtaining a Certificate of Inheritance can take a few weeks to a few months (for foreigners). The transfer of title deeds takes a few days once the tax is paid. However, if there is a lawsuit (litigation), the process can take 1-3 years depending on the complexity.
6. Can I disinherit my child in Turkey?
Generally, no. Children have a "reserved portion" (saklı pay) protected by law. You can only disinherit a reserved heir in very specific and severe circumstances (e.g., committing a serious crime against the testator).
7. What if the deceased had debts?
Heirs inherit both assets and debts. If the debts exceed the assets, heirs have the right to reject the inheritance (Reddi Miras) within 3 months of the death. This protects the heirs from being personally liable for the deceased's debts.
8. Does a foreign will apply in Turkey?
A foreign will is valid in Turkey if it meets the formal requirements of the Hague Convention on Testamentary Dispositions. However, for real estate in Turkey, the mandatory rules (like reserved portions) of Turkish law still apply regardless of the will's content.
9. What is the "Certificate of Inheritance" (Veraset İlamı)?
It is an official court order or notary document that identifies who the legal heirs are and what percentage of the estate they are entitled to. It is the first document needed to start any procedure.
10. How are joint bank accounts handled after death?
If the account was a joint account (müşterek hesap), typically half of the balance is considered part of the deceased's estate and is frozen until the inheritance tax clearance is obtained. The surviving account holder can usually access their own half.
Disclaimer: This article provides general information regarding Turkish Inheritance Law and does not constitute legal advice. For specific cases regarding assets in Mersin, please consult a professional lawyer.