Inheritance Law · Erbrecht
Inheritance and Succession Matters in Turkey — Handle Them from Germany
You have lost a loved one who owned real estate, a bank account or other assets in Turkey. From the certificate of inheritance (veraset ilamı) to the land registry transfer and the tax declaration, we carry out the entire process on your behalf under the power of attorney you grant us.
What is registration of inheritance, and why is a lawyer necessary?
Registration of inheritance is the process by which the estate of the deceased (muris) passes to the legal heirs. This process involves numerous legal steps, such as obtaining the certificate of inheritance, registration of inheritance at the land registry, the transfer of bank accounts, the inheritance and transfer tax return and, where necessary, the filing of inheritance lawsuits.
For heirs living in Germany, the picture is even more complex: the differing inheritance law rules of the two countries, the double taxation agreement and the practical difficulties of acting from abroad all come together. A lawyer experienced in cross-border inheritance matters carries out these steps on your behalf and prevents the loss of rights and deadlines.
How is the certificate of inheritance (certificate of heirship) obtained?
The certificate of inheritance (veraset ilamı) is the document that officially establishes who the heirs are and their respective shares of the estate; it is the key to all succession transactions in Turkey. To obtain it from Germany:
- An application must be filed with the Civil Court of Peace (Sulh Hukuk Mahkemesi) in Turkey (or with a notary),
- A copy of the civil registry record, the death certificate and the identity details of the heirs must be submitted,
- The German death record must be presented with an apostille and certified translation.
Under the power of attorney you grant us, we file the application on your behalf, obtain the document and use it in the subsequent succession steps.
Are the Erbschein and the certificate of inheritance the same thing?
No — and this is the most common mistake. The Erbschein (German certificate of inheritance) obtained from a German court is not directly valid in Turkey. With an apostille and a certified translation, it may be submitted as evidence to a Turkish court; however, for real estate located in Turkey, a separate certificate of inheritance (veraset ilamı) must be obtained from a Turkish court.
Registration at the land registry: registering the property in your name
Obtaining the certificate of inheritance
The certificate of heirship is issued by the Civil Court of Peace (Sulh Hukuk Mahkemesi) or by a notary.
Inheritance and transfer tax declaration
A tax return is filed with the tax office (vergi dairesi), the assessed tax is paid, or a clearance/exemption certificate is obtained.
Transfer application to the land registry directorate
The application is filed with the certificate of inheritance and the tax clearance letter.
Payment of fees and revolving-fund charges
The land registry fee is paid; the transaction file is completed.
Delivery of the new title deed
The property is registered in the names of the heirs (as joint or shared ownership).
The entire process is carried out by us under a special power of attorney that you execute at a Turkish consulate or before a German notary.
Double taxation: in which country do you pay the inheritance tax?
Under the Agreement between Turkey and Germany for the Avoidance of Double Taxation with respect to Inheritance and Transfer Tax (2011), real estate is taxed in the country where it is located. As an heir resident in Germany:
| Assets | Country of declaration / tax | Note |
|---|---|---|
| Real estate in Turkey | Turkey | Inheritance and transfer tax return |
| Assets in Germany | Germany | Erbschaftsteuererklärung |
| Assets in both countries | Both | Credit mechanisms under the agreement apply |
The rates, exemption thresholds and declaration deadlines differ between the two countries; cross-border inheritance planning therefore requires expertise. Where necessary, we work in coordination with your tax advisor in Germany.
What should the scope of the power of attorney be?
The power of attorney to be executed for inheritance matters should include the following authorities:
- Requesting the certificate of inheritance before the Civil Court of Peace (Sulh Hukuk Mahkemesi)
- Transfer and registration at the land registry directorates
- Filing tax returns with the tax offices (vergi dairesi)
- Liquidation of bank accounts
- Filing and pursuing an inheritance lawsuit if necessary
FAQ
Frequently asked questions on inheritance matters
I live in Germany; do I have to come to Turkey?
No. Under a special power of attorney obtained from a consulate or a German notary, the entire process — including the certificate of inheritance, the title transfer and the tax matters — is carried out by us; you do not need to travel to Turkey in person.
When does the disclaimer of inheritance period start, and how many months is it?
The period is 3 months from the date on which you learned that you are an heir and that the deceased has passed away. It is strict and statutory (mandatory): if missed, the inheritance is automatically deemed accepted and you also become liable for the debts.
Is a German Erbschein valid in Turkey?
It is not directly valid. With an apostille and a certified Turkish translation, it is submitted as evidence to a Turkish court; however, for real estate located in Turkey, a separate certificate of inheritance (veraset ilamı) must be obtained from a Turkish court.
In which country will I pay the inheritance tax?
For real estate in Turkey, in Turkey; for assets in Germany, in Germany. Under the 2011 double taxation avoidance agreement, credit mechanisms are available; you may need to file a return in both countries.
What if we cannot agree with the other heirs on the division?
A dissolution of co-ownership action (izale-i şüyu) is filed to have the property sold through the court and the proceeds distributed according to the shares. For details, see our dissolution of co-ownership guide.
The 3-month disclaimer deadline will not wait — get in touch today
Let us assess your situation in a free initial consultation: which documents are required, how long the process takes and what the costs are — we clarify all of this in the first meeting.
- Phone+90 536 089 76 94
- WhatsApp+90 536 089 76 94
- Email[[email protected]]
With a power of attorney obtained from a Turkish consulate in Germany, we start the process on your behalf and complete it without you having to travel.