Certificate of Inheritance in Turkey: How to Obtain a Veraset...
Summary: Foreigner inheriting property in Turkey? You need a 'Certificate of Inheritance'. Attorney Fevzi Yaskir explains the Court vs. Notary process.
To claim rights over a deceased person’s assets in Turkey (e.g., withdraw money from a bank account, transfer a title deed), simply saying “I am the son/daughter” is not enough. You must prove your status with an official court or notary document called the Certificate of Inheritance (Mirasçılık Belgesi or commonly Veraset İlamı).
[!NOTE] 💡 Cultural Context: The “Foreign Element” Barrier
For Turkish citizens, this document is obtained in 10 minutes from a Notary. However, if any heir is a foreigner, Turkish Notaries often refuse to issue the document due to “Foreign Element” (Yabancılık Unsuru). This forces international clients to take the longer Court Route.
1. Method A: The Notary Public (Fast Track)
If all records are clear in the Turkish Population Registry (Nüfus) and there are no foreigners involved, any Notary Public in Turkey can issue this document immediately.
- Cost: Minimal notary fees.
- Time: Same-day issuance.
- Condition: Only one heir needs to apply; the others do not need to be present.
2. Method B: The Civil Court of Peace (Standard for Foreigners)
If the Notary declines your request (citations of Notary Law Art. 71/B), you must file a lawsuit at the Civil Court of Peace (Sulh Hukuk Mahkemesi).
âš–ï¸ Legal Reference: Notary Law Art. 71/B “If obtaining the certificate requires judicial judgment… or a foreign element exists, the Notary shall direct the applicant to the Court.”
The Court Process
- Petition: A “Veraset Ilamı Talebi” petition is filed.
- Population Records: The court requests official “Family Tree” records. For foreigners, you may need to provide Apostilled birth/marriage certificates from your home country.
- Witnesses: In some cases involving complex family trees, the judge may hear 1-2 witnesses.
- Decision: The court issues the final Decree.
Timeframe: 2 weeks to 3 months, depending on document readiness.
3. What is the Certificate Used For?
This document does not distribute the assets. It is merely an ID card for the estate. It lists:
- Who the legal heirs are.
- What Share (fraction) of the estate each heir owns (e.g., Spouse 1/4, Child 3/4).
You cannot sell a house or withdraw cash without presenting this original document to the Land Registry or Bank.
4. E-Government (E-Devlet) Option
If a certificate was issued by a court after 2018, it is usually registered digitally. Turkish citizens with E-Devlet access can download a barcoded copy instantly for free.
Conclusion
Obtaining the “Veraset İlamı” is Step 1 of the Turkish inheritance journey. Step 2 is the “Inheritance & Gift Tax Declaration” (Veraset ve İntikal Vergisi). Do not delay Step 1, as you strictly need it to manage the deceased’s assets.
Konya Inheritance Attorney
We advise international families in navigating the Turkish Probate Court system. We handle the entire process of obtaining the Certificate of Inheritance and subsequent asset transfer.
📞 Inheritance Dept: +90 554 192 47 20
📧 Email: fevziyaskir@gmail.com
📠Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA
âš–ï¸ Av. Fevzi YaÅŸkir
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Att. Fevzi Yaşkır
Founding Attorney
Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.