Navigating Turkish Inheritance Law: A Comprehensive Guide for Expats for the year 2025

Turkey’s rich history, vibrant culture, and strategic position as a bridge between Europe and Asia have made it a magnet for expats, retirees, and international investors. However, the complexities of Turkish inheritance law—particularly its forced heirship rules and probate process—can pose significant challenges for foreigners. This in-depth guide explores how expats can prepare wills in Turkey, navigate legal implications, and ensure their assets are distributed according to their wishes.

Understanding Turkish Inheritance Law: Core Principles

Turkey’s inheritance system is governed by the Turkish Civil Code (TCC), which emphasizes family protection through mandatory reserved shares (“saklı pay”). Key principles include:

1. Forced Heirship: A portion of the estate is reserved for spouses, children, and parents.
   • Example: If you have two children, they are entitled to at least 2/3 of your estate, even if your will states otherwise.
2. Statutory Heirs: If no valid will exists, assets are distributed in a fixed order: spouse and children → parents → siblings.
3. Equal Treatment: Biological and adopted children have equal inheritance rights; stepchildren are excluded unless legally adopted.

Why Expats Need a Turkish Will

Foreigners often assume their home country’s will covers their Turkish assets. However, Turkish courts prioritize local laws, especially for real estate and businesses. Without a Turkish-specific will:

• Your estate may be distributed according to forced heirship rules, overriding your intentions.
• Heirs could face lengthy probate disputes and bureaucratic hurdles.

How to Prepare a Will in Turkey: Step-by-Step Guide regarding Turkish Inheritance Law

1. Choose the Type of Will

Turkey recognizes three main types of wills:

• Official Will (Resmi Vasiyetname):

  • Drafted and notarized before a Turkish notary public.
  • Requires two witnesses and a sworn translator if the testator doesn’t speak Turkish.
  • Most secure option: Legally binding and difficult to challenge.

• Holographic Will (El Yazması Vasiyetname):

  • Handwritten, dated, and signed by the testator.
  • No witnesses or notary required.
  • Risks: Vulnerable to disputes over authenticity.

• Oral Will (Sözlü Vasiyet):

  • Made verbally in front of two witnesses during emergencies (e.g., imminent death).
  • Rarely used and subject to strict validation.

2. Draft the Will 

Work with a bilingual Turkish lawyer to:

• Identify Assets: List property, bank accounts, investments, and digital assets (e.g., crypto) located in Turkey.
• Allocate the “Free Portion”: After reserving shares for protected heirs, specify how the remaining estate (e.g., 30–50%) should be distributed.
• Appoint Executors: Designate a trusted person or lawyer to manage probate.

3. Notarize and Register the Wilş

• For official wills, visit a Turkish notary with:
  • Passport and Turkish tax number (yabancı kimlik numarası).
  • Two witnesses (unrelated to heirs).
• The notary registers the will in Turkey’s Central Will Registry, accessible by courts after death.

4. Store and Update the Will

• Keep copies with your lawyer, family, and in a secure location.
• Revise the will after major life events (marriage, divorce, birth of children).

Legal Implications of Preparing a Will in Turkey

1. Forced Heirship Challenges

Even with a will, protected heirs can claim their reserved share in court. For example:

• A German expat’s will leaves his Istanbul home to his partner. His daughter, as a forced heir, can claim 50% of the property’s value.

Solution: Use lifetime gifts (subject to gift tax) or trusts (if recognized) to allocate assets outside the estate.

2. Cross-Border Conflicts

Turkish courts may override foreign wills for local assets. To avoid conflicts:

• Draft separate wills for Turkish and foreign holdings.
• Include a “professio juris” clause (for EU citizens) to elect home country law under the EU Succession Regulation.

3. Probate Delays

Without a clear will, heirs must petition Turkish courts for a Certificate of Inheritance (Veraset İlamı), which involves:

• Translating and notarizing foreign documents (e.g., death certificates).
• Proving heirship through birth/marriage certificates.
• Resolving disputes among heirs.

Average timeline: 6–18 months.

4. Tax Considerations

• Inheritance Tax: Turkey imposes no tax on transfers to spouses, children, or parents. Other heirs pay 1–10%, based on relationship and value.
• Gift Tax: Transfers during the testator’s lifetime are taxed at 10–30%.
• Double Taxation: Some countries (e.g., the U.S.) tax inherited Turkish assets. Consult a tax advisor.

FAQ: Addressing Expats’ Top Concerns

Q: Can I exclude my spouse from my Turkish will?
A: No. Spouses are entitled to 25% of the estate if there are children, or 50% if there are none.

Q: Is a digital will valid in Turkey?
A: Not yet. Turkish law requires physical documentation or notarized electronic wills.

Q: What happens if I own property jointly with a non-heir?
A: Jointly owned property typically passes to the surviving owner, bypassing inheritance rules.

The Probate Process: A Detailed Breakdown

1. Death Certification: Obtain a Turkish-translated death certificate.
2. Court Petition: Heirs or executors file a probate request with local courts.
3. Asset Valuation: Properties and accounts are appraised for tax purposes.
4. Debt Settlement: Outstanding debts (e.g., mortgages, utilities) are paid from the estate.
5. Distribution: Remaining assets are allocated per the will or statutory rules.

Costs: Expect fees for court filings, translations, and legal representation (3–5% of estate value).

Why Legal Expertise is Non-Negotiable

A qualified Turkish lawyer can:

• Navigate forced heirship rules to maximize your testamentary freedom.
• Draft bilingual wills that comply with local and international laws.
• Represent heirs in court to expedite probate.

Conclusion: Safeguarding Your Legacy in Turkey

For expats, Turkey offers a unique blend of opportunity and cultural richness. Yet, its inheritance laws—rooted in familial protection—demand careful planning. By drafting a Turkish will, understanding tax implications, and partnering with experienced legal counsel, you can ensure your legacy reflects your wishes, not statutory defaults.

Inheritance planning is more than a legal formality; it’s an act of care for those you leave behind. Whether you’re a retiree in Fethiye, an entrepreneur in Istanbul, or a digital nomad in Cappadocia, taking proactive steps today secures peace of mind for tomorrow.