At the Rufina Taştan Law Office we provide inheritance law services in Alanya in both Turkish and Russian. As an inheritance lawyer in Alanya, we carefully manage obtaining the certificate of inheritance, dividing the estate, wills and inheritance agreements, renunciation of inheritance and, in particular, the process of foreign heirs inheriting assets in Türkiye. When a foreigner who owns property in Alanya passes away, we handle the entire procedure for heirs living abroad from start to finish.
Certificate of Inheritance and the Process
To inherit an estate in Türkiye, you need a certificate of inheritance (veraset ilamı) proving that you are a legal heir. Turkish citizens can obtain this document from a notary or from a civil court of peace. However, where the file involves a foreign element, for example if one of the heirs is a foreign national, the certificate is, as a rule, obtained from the competent civil court of peace. This document is the fundamental basis of heirship for land registry, bank and other official transactions.
Foreign heirs must submit their birth certificate, death certificate and documents showing the kinship, with a sworn Turkish translation and, where necessary, an apostille or consular certification. Heirs living abroad can carry out the process without travelling to Türkiye, through a power of attorney; this is a significant convenience, especially for clients who are far from where the property in Alanya is located.
Legal Heirs and Inheritance Shares
Where there is no will, the estate passes to the legal heirs according to the parentela (degree) system. The first degree is the descendants of the deceased (children and their descendants); if there are no descendants, the second degree, the parents and their descendants, inherit. The surviving spouse always inherits, with a share that varies depending on which degree they inherit alongside. For foreign heirs, these shares may differ according to the applicable law, which is why an accurate heirship analysis must be carried out from the very beginning.
A frequently encountered type of dispute in practice is collusive (simulated) transfers of real estate that the deceased made during their lifetime in order to exclude certain heirs. Heirs whose reserved portion is impaired may pursue their rights through an action based on the testator's collusion or an action for abatement. Because the buying and selling of real estate is intensive in Alanya, such cases are of particular importance and require a review of the title deed history.
Foreign Heirs Inheriting Assets in Türkiye
For foreign heirs, the most critical issue is which country's law applies. Under Turkish private international law, Turkish law applies, as a rule, to immovable property located in Türkiye, while movable assets in the estate are generally assessed according to the law to which the deceased was subject. This distinction can directly affect who inherits and in what proportion.
An important point is that a certificate of inheritance obtained abroad is, as a rule, not sufficient on its own to transfer title to real estate in Türkiye at the land registry. For real estate in Türkiye, a certificate of inheritance obtained from the Turkish authorities is required. Structuring the process correctly enables foreign heirs to take ownership of the property in Alanya without loss of rights.
Division of the Estate, Wills and Renunciation
Where there is more than one heir, the estate is divided among the heirs. If the heirs cannot agree, a case for the dissolution of joint ownership may arise for the division of real estate. Such cases often conclude through sale; therefore, prior negotiation and planning are in the interest of the heirs.
During their lifetime, a testator can arrange their will through a testament or an inheritance agreement. Turkish law recognises official (drawn up before a notary), holographic and, under certain conditions, oral wills. That said, the law grants a reserved portion to certain close heirs; dispositions that violate this portion may be subject to an action for abatement.
An estate may consist not only of rights but also of debts. For this reason, in an over-indebted estate, heirs may renounce the inheritance. Renunciation is made by a declaration to the civil court of peace within the period prescribed by law; since missing the deadline may be treated as acceptance of the inheritance, timely legal assessment is critical.
Inheritance and Transfer Tax
Assets passing by inheritance are subject to inheritance and transfer tax. The tax is calculated on the value falling to each heir's share, after deducting the statutory exemption amounts, according to a progressive tariff. The exemption amounts and tariff brackets are updated each year by the revaluation rate. As there is an obligation to file a declaration and a payment schedule, the tax dimension of the process should also be planned from the outset. We provide a case-specific assessment for the current amounts and rates.
Steps of the Inheritance Process
- Free preliminary consultation and assessment of heirship
- Obtaining the certificate of inheritance
- Estate and real-estate research (land registry, banks, records)
- Tax declaration and required official procedures
- Transfer at the land registry and division of the estate
Commonly Required Documents
- Death certificate and any will
- Heirs' ID or passport details
- Documents showing kinship (sworn translation and apostille)
- Title deed and valuation documents for the property
- A duly issued power of attorney for heirs abroad
We manage your inheritance process in Alanya from start to finish in both Turkish and Russian and handle the procedures for heirs abroad through a power of attorney. For a free preliminary consultation, you can reach us by phone or WhatsApp at +90 538 838 63 66. Rufina Taştan Law Office, Güllerpınarı District, Keykubat Boulevard, Alanya.