How do I start probate for Turkey assets? A guide for UK heirs
How do I start probate for Turkey assets from the UK? This guide sets out the first practical steps, in the order most heirs take them. For advice on your own case, speak to a probate lawyer in Turkey at Canko Law Firm.
How do I start probate for Turkey assets from the UK?
If you are asking "how do I start probate for Turkey assets", you are probably grieving and far from Turkey. A relative has died. They left a flat, a villa, land or bank accounts there. You live in England or Wales and need to know where to begin.
The good news is that the process follows a clear order. Most of the early work can be done from the UK through a lawyer in Turkey.
In broad terms, the steps run like this:
gather and prepare the documents from the UK
find out what assets in Turkey the deceased held
appoint a Turkish lawyer under a power of attorney
obtain a certificate of inheritance
file the Turkish inheritance tax declaration
transfer the property and bank accounts to the heirs
Turkey has no grant of probate in the English sense. Instead, the key document is the certificate of inheritance (veraset ilami). It names the legal heirs and their shares. Banks and the land registry will act on it. Each step below explains how you get there.
Gather the documents you will need from the UK
Start with the death certificate. A Turkish office will not accept a plain UK copy. It needs an apostille from the Foreign, Commonwealth and Development Office. The apostille confirms the document is genuine for use abroad.
Next, the certificate must be translated into Turkish. A Turkish notary then certifies the translation. Your lawyer in Turkey can arrange both once the apostilled original arrives.
You will also need papers that prove family links. These depend on who the heirs are. Common examples include:
birth certificates of the children
the marriage certificate, if there is a surviving spouse
any divorce papers from earlier marriages
passports or identity documents of each heir
Each of these may also need an apostille and a translation. It saves time to order several certified copies at once. Turkish offices often keep the originals they are given.
Then look for any will. The deceased may have made an English will, a Turkish will, or both. A Turkish will must be formally opened by a Turkish court before it takes effect. An English will may also need to go before a Turkish court to be recognised. Keep the original safe and send a copy to your lawyer first.
Finally, make a list of what you already know about the assets. Note the town, any title deed details, and the names of banks. Old letters, statements and emails are useful. Even partial information helps your lawyer search.
Appoint a Turkish lawyer and get a tax number
Most UK heirs cannot attend every office in Turkey. The usual answer is a power of attorney in favour of a Turkish lawyer. It lets the lawyer apply to the court, deal with the notary, the tax office, banks and the land registry.
You can sign the power of attorney in two main ways. You can sign it before a notary in the UK and then have it apostilled. Or you can sign it at a Turkish consulate in the UK. Either way, it must then be translated and certified in Turkey.
The wording matters. A general form may not cover selling Turkish property or closing bank accounts. Ask your lawyer for the exact wording before you sign. A second visit to a notary costs time.
Each heir also needs a Turkish tax number (vergi numarasi). Foreign nationals can get one fairly simply. The tax office and the land registry will both ask for it.
Heirs can choose the same lawyer. That keeps the file in one place and avoids conflicting instructions. You can read more about instructing a probate lawyer in Turkey.
Apply for the certificate of inheritance
The certificate of inheritance is the heart of Turkish inheritance work. Without it, banks will not release money and the land registry will not transfer real estate. It is issued in one of two ways.
A Turkish notary can issue it in straightforward cases. This tends to work where Turkish civil records are complete. Where the deceased was a foreign national, the records are often not enough. The application then goes to the local Civil Court of Peace (Sulh Hukuk Mahkemesi).
At court, your lawyer files the application with the translated UK documents. The judge checks who the legal heirs are. The court may ask for more evidence about the family. Once satisfied, the court issues the certificate. It states each heir and their share.
Which law decides the shares? This is where many UK families are caught out. Turkish law generally applies to immovable property in Turkey, whatever the deceased's nationality. Other assets, such as bank accounts, may follow the national law of the deceased. So an English will may not decide who inherits Turkish property.
The rules on heirs under the Turkish Civil Code are detailed. The surviving spouse and children have protected shares. A will cannot simply override them. Our page on Turkish probate and inheritance law explains the shares in more detail.
If the estate also includes UK assets, the two processes run side by side. The UK grant does not work in Turkey, and the Turkish certificate does not work in the UK. Our guide to cross border probate and estates explains how the two are run together.
File the inheritance tax declaration and transfer the assets
Turkey has its own inheritance tax. It is separate from UK inheritance tax. Heirs must file a declaration with the Turkish tax office (veraset ve intikal vergisi beyannamesi). A time limit applies to this filing. It runs from the death, and it is longer for some heirs living abroad. Get advice early so you do not miss it.
The declaration lists the assets in Turkey and their values. The tax office then assesses any tax due. Exemptions and rates depend on the heir and the asset. Your lawyer can file the declaration under the power of attorney. Banks and the land registry will want proof that the tax position is dealt with.
UK tax may also be relevant, especially if the deceased lived in the UK. The rules for people who were not domiciled in the UK are different. Our guide to UK inheritance tax for non UK domiciled people explains them.
With the certificate and tax paperwork in hand, the transfers can start. For Turkish property, the land registry (Tapu) changes the title into the heirs' names. Heirs can hold it jointly, in their shares. Or they can agree to put it in one heir's name, or sell it.
Joint ownership can work well for a family holiday home. It can also cause problems later if heirs disagree. If they cannot, a court may be asked to divide or sell the property.
For bank accounts, the bank releases the funds once it has the certificate and tax clearance. Each bank has its own checks. Some will pay into a Turkish account first. Your lawyer can open one or arrange transfer abroad, if the power of attorney allows it.
Find out what the deceased owned, and what they owed
You may not know everything your relative had in Turkey. A parent may have bought a holiday flat years ago, or kept savings with a Turkish bank. Your lawyer can search once the power of attorney is in place.
Property records in Turkey are kept against the owner's identity number. A foreign national who bought property there will have been given a foreign identity number. Look for it on an old title deed, a local tax notice or a utility bill. With that number, or the full name and date of birth, your lawyer can ask the Tapu office what is registered.
Bank accounts are traced bank by bank. Statements, cards and letters found at home show where to start. Turkish banks will give details of an account to the heirs once the certificate of inheritance is issued.
Other things to look for include:
a car registered in Turkey
shares in a Turkish company
a Turkish pension or social security rights
money owed to the deceased, such as unpaid rent from a tenant
Debts matter as much as assets. Under Turkish law, heirs inherit the debts along with everything else. If the debts are larger than the estate, an heir can refuse the inheritance. This is done by a formal statement to the Civil Court of Peace. There is a short time limit for this, which runs from the date the heir learned of the death. If you suspect debts, raise this with your lawyer straight away, before you take anything from the estate.
Common problems that slow the process down
The steps are clear, but a few problems come up again and again. Knowing them in advance saves weeks.
Names spelled differently. A Turkish document may spell a name with Turkish letters, or use a maiden name. A UK certificate may use a married name or an anglicised spelling. Your lawyer may need extra evidence that both names belong to the same person. Tell them about any name change at the start.
A missing apostille. If one certificate arrives without an apostille, it has to go back to the UK. Check every document before you post it to Turkey.
A power of attorney that is too narrow. If the document covers the court application but not the sale of property or the closing of accounts, you will need a new one. Agree the wording with your lawyer before you sign.
An heir who cannot be found or will not cooperate. The court can still issue the certificate of inheritance. But the heirs then own the property together, and selling it needs everyone's signature or a court order.
Missing records of the will. If you think a Turkish will exists, your lawyer can check with the notaries. An English will that turns up late can change who should apply and what the court needs to see.
Keeping or selling the property after the transfer
Once the title is in the heirs' names, you have three choices. You can keep the property together. One heir can buy out the others. Or you can sell it and share the money.
Keeping it together suits some families, but it needs ground rules. Agree who pays the local property tax, the building fees and repairs. Agree who can use it and when. Put the agreement in writing.
A buyout or a sale also goes through the Tapu office. The heirs who sell can sign in person or through their lawyer under a power of attorney that covers sale. The sale price is paid through a Turkish bank.
If the heirs cannot agree, any one of them can ask the Civil Court of Peace to end the joint ownership. The court can divide the property if that is practical. If not, it orders a sale by public auction and divides the money. An auction rarely achieves the best price, so it is worth trying to agree first.
Tax can arise when the property is sold, in Turkey, in the UK or in both. Take advice on both sides before you agree a price or move the money to the UK.
When to take advice
It makes sense to take advice as soon as you learn of assets in Turkey. The tax time limit starts running from the death. Early advice also helps you prepare the right documents the first time.
Take advice quickly in these situations:
there is a will made in England, Turkey or both
there are children from more than one relationship
an heir disagrees, or cannot be found
someone in Turkey is living in or renting out the property
the deceased had debts in Turkey
there are assets in both the UK and Turkey
Canko Law Firm is a boutique firm of UK solicitors and Turkish lawyers. It handles cross border probate and estates between the UK and Turkey. The founders began practising law in 2007 and opened the firm in Istanbul in 2012. Meetings can be in person, by phone or by video. The firm cannot offer legal aid or pro bono work.
Common questions
Do I need to travel to Turkey to start probate?
You do not have to. They can also handle the title transfer for you.
Does an English grant of probate work in Turkey?
No. Turkish banks and the land registry need a Turkish certificate of inheritance. A UK grant does not replace it.
Will my parent's English will decide who gets the Turkish property?
Not always. Turkish law generally governs immovable property in Turkey, including protected shares. Get advice on how the will and Turkish rules interact.
Is there a deadline for the Turkish inheritance tax declaration?
Yes, a time limit applies, and it differs for heirs abroad. Take advice early so the declaration is filed in time.
Can one heir keep the Turkish property?
Yes, if the other heirs agree. The shares can be transferred to one heir at the land registry. Tax and legal points should be checked first.
Related reading
If this affects you, you can book a consultation with Canko Law Firm.
