According to the legal regulation, the legal order of the place where the assets of the legator are located regulates the rights of heirship. Turkish Law regulates the steps to be followed, regardless of the nationality of any country that leaves a legacy with assets in Turkey. A certificate of inheritance obtained in accordance with the laws of a foreign country cannot be used for the transfer of immovables.
The ways you should follow when you inherit it are as follows;
Issuance of the certificate of inheritance (inheritance certificate): After the changes in the legal regulations, these documents are now also given by the notaries. However, if there is an exceptional situation in the population registration or if you are a citizen of another country, notaries do not give and must be requested from the court.
Obtaining the current value from the municipality where the immovables are registered and submitting the death declaration: If the immovable property is inherited, a declaration of death must be submitted to the municipality to which it is affiliated and the current value letter must be obtained.
Opening a death file at the tax office: Inheritance certificate, declaration of inheritance, current values of immovable, vehicle insurance value if any, and other documents, the city where the deceased has resided for the last 6 months, if he does not reside in Turkey, the death in the Inheritance and Fees Tax Office where the immovable is located or the heir is located. file is opened, transfer taxes are paid, and the unbound paper is taken. In the past, this document was sought by the land registry directorates in all transactions, including transfer, and with the changes made, the unrelated document is not required in the transfer process. However, when the inherited immovable is to be sold, this document must be submitted to the land registry office.
Deed transfer procedures: After the first 3 stages are completed, the transfer of the immovable from the land registry office is carried out according to the inheritance shares. If there is more than one heir, if any of the heirs wishes to have a transfer, the transfer can only be established as joint ownership. In case of participation of all heirs or their proxies, it can be registered as a shared property.
After the transfer of the immovable, a new declaration must be submitted to the relevant municipality.
Transfer of vehicles is carried out by the Traffic Registration Branch of the place of residence of the heir with the largest inheritance share.
If there is an account in the bank, a letter showing the amount in the account should be taken from the bank before going to the tax office, and then the letter issued by the tax office should be taken to the bank and the money should be withdrawn.
The certificate of inheritance issued by the competent authorities abroad varies depending on whether there is a bilateral agreement with the issuing country. However, if the person is a foreign citizen, it will be beneficial to obtain a certificate of inheritance from the country of citizenship.
It is not easy to handle such complex and bureaucratic tasks on your own. For this reason, getting support from a lawyer will help you avoid time, money and unnecessary expenses.
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