📜 Definition
Who Is an Inheritance Lawyer in Turkey?
An inheritance lawyer in Turkey, also called a Turkish inheritance lawyer, is the term used for lawyers who handle matters arising from the passing of a person’s assets to the heirs on death and the disputes that follow. Obtaining the certificate of inheritance, identifying and dividing the estate, protecting the reserved share, claims that assets were moved out of the estate, and drafting or challenging a will are the main subjects of this field. For the general framework, see our inheritance law in Turkey page.
Inheritance disputes usually arise between family members and can turn into lawsuits lasting for years. Assets of very different kinds, such as title deed records, bank accounts, company shares and property abroad, have to be assessed together. Short time limits and the settled case law of the Court of Cassation are also what make these files demanding. For this reason, it is sensible for inheritance cases before the Turkish courts to be handled by a lawyer who works intensively in inheritance law.
🗂️ Duties
What Does an Inheritance Lawyer Do in Turkey?
The work of an estate lawyer in Turkey is not limited to filing lawsuits. The steps taken in the weeks right after a death often directly shape the outcome of lawsuits filed later. The core duties of a Turkish inheritance lawyer can be grouped under six headings:
Legal advice and risk analysis in Turkey
Assesses the deceased’s assets, the heirs’ statutory shares and their reserved shares, and makes clear which lawsuit or step must be taken within which time limit.
Tracing the estate in Turkey
Searches title deed, bank, vehicle, company share and debt records to establish the assets and liabilities of the estate. Where the estate is insolvent, weighs the option of rejecting an inheritance in time.
Representation in inheritance cases in Turkey
Prepares the petitions, submits the evidence and attends the hearings in reduction lawsuits, sham transfer cases, will annulment, annulment of the certificate of inheritance and partition actions.
Wills and estate planning in Turkey
Helps prepare an official, handwritten or oral will, an inheritance contract and a waiver of inheritance so that they respect the reserved share rules.
Certificate of inheritance and transfer in Turkey
Handles obtaining the certificate of inheritance (veraset ilamı), the inheritance and transfer tax return and the registration of real estate in the heirs’ names at the land registry. For details, see our probate in Turkey page.
Division and settlement in Turkey
Manages division agreements between the heirs, the transfer of an inheritance share and the dissolution of co-ownership. In suitable files, looks for common ground before a lawsuit is filed.
⚖️ Case types
Which Cases Does an Inheritance Lawyer Handle in Turkey?
The field of a lawyer working in succession law in Turkey runs from documenting who the heirs are to dividing the estate, and from protecting the reserved share to disputes over wills. Inheritance cases and procedures can be looked at in three main groups:
1. Certificate of Inheritance, the Estate and Rejecting an Inheritance in Turkey
📋Lawsuit to Determine the Estate›
🚫Disclaimer of Inheritance and Its Effects›
📜Inheriting Property with an Ottoman Title Deed›
2. Reserved Share and Sham Transfer Cases in Turkey
3. Division of the Estate and Wills in Turkey
👨👩👧 Heirs
Who Are the Heirs in Turkey?
The Turkish Civil Code (TCC) divides heirs into two groups. Statutory heirs are the blood relatives set by the law’s system of groups, the surviving spouse and the adopted child. Appointed heirs are the persons the deceased named as heirs by a will or an inheritance contract. Under Turkish inheritance law, the existence of an heir in an earlier group excludes the later groups from the inheritance.
🧩 The lawyer’s role
Why Work with a Lawyer in Inheritance Cases in Turkey
Inheritance disputes affect both family relationships and, very often, high-value assets. Because of the short time limits set by law and the fine distinctions between types of lawsuit, having the process run by a probate lawyer in Turkey from the start reduces the risk of losing rights.
Without a lawyer
✖Risks of Handling an Inheritance in Turkey Without a Lawyer
- Time limits: Under Turkish law, once the strict time limits for rejecting an inheritance, reduction, will annulment and inheritance claims are missed, the right usually cannot be asserted again.
- Incomplete estate: A bank account, property or debt that goes unidentified can lead to a wrong division and a wrong decision on rejection.
- The wrong lawsuit: Confusing reduction, sham transfer and annulment lawsuits can lead to the case being dismissed or to liability for court fees and the other side’s legal fees.
- Valuation: Low valuations left unchallenged at the site inspection and expert stage can lead to an unfavourable division.
With a lawyer
✔What a Lawyer Adds in Inheritance Cases in Turkey
- The right route: The lawsuit or non-contentious procedure suited to the file is chosen, and all claims are raised together and in full.
- Estate research: Official records in Turkey are searched systematically, and a table of assets and debts is drawn up.
- Interim injunction: An injunction is requested to stop the disputed property being transferred to third parties while the case continues, and the decision is annotated on the title deed record.
- Tracking deadlines: Strict time limits, service of documents and appeal deadlines are monitored regularly.
✅ Choosing a lawyer
How to Choose an Inheritance Lawyer in Turkey
Choosing the right estate lawyer in Turkey matters for the case to run soundly, both legally and in terms of family relationships. When looking for a Turkish inheritance lawyer, these are the points to watch:
01
Experience in inheritance law
A lawyer who follows the Court of Cassation’s case law on reduction, sham transfer and partition actions sees the weak points of the file from the start.
02
Clear communication
Your lawyer should explain the legal position, the risks and the options in plain terms, not just tell you what you want to hear.
03
Awareness of time limits
In inheritance law many rights depend on short, strict time limits. The first meeting should make clear which time limits are running.
04
Knowledge of property and tax
The estate often includes real estate. A good grasp of title deeds, zoning and inheritance and transfer tax is what makes a correct division possible.
05
Openness to settlement
Inheritance disputes take place within families. In suitable files, choose a lawyer who considers less draining solutions such as a division agreement or mediation.
06
Advertising ban in Turkey
Advertising is prohibited for lawyers under Turkish law. Labels such as “the best inheritance lawyer” breach professional rules and are misleading.
07
Bar registration in Turkey
You can confirm that the person you are meeting is a lawyer registered with a bar on the lawyer search page of the Union of Turkish Bar Associations.
08
Confidentiality
Inheritance files contain sensitive information about family relationships and assets. Your lawyer must strictly observe the duty of confidentiality.
09
Written agreement and transparent fees
The scope of the service and the legal fee should be set out in a written engagement agreement before work starts, and court costs should be explained separately.
💳 Fees
How Are Inheritance Lawyer Fees Set in Turkey?
Inheritance lawyer fees in Turkey are shaped by two tariffs. The Minimum Attorney Fee Tariff, prepared by the Union of Turkish Bar Associations and published in the Official Gazette every year, sets the lower limit for legal fees; a lawyer cannot take on work for less. The Istanbul Bar Association also publishes an advisory fee tariff every year.
🪪
Non-contentious matters in Turkey
For matters such as the certificate of inheritance, rejecting an inheritance and determining the estate, the fee depends on the scope of the work and the number of offices involved.
⚔️
Contested lawsuits in Turkey
In reduction, sham transfer, annulment and partition actions, the value in dispute, the number of properties, site inspections and expert reports affect the fee.
🧾
Court costs in Turkey are separate
The legal fee is separate from court costs such as court fees calculated on the value in dispute, service of documents, site inspection and expert costs.
In practice, the fee between an estate lawyer in Turkey and the client can be agreed as a fixed amount or as a percentage of the value obtained at the end of the case. Under the Turkish Attorneyship Law, a fee set as a percentage cannot exceed twenty-five per cent of the value in dispute. An exact fee cannot be quoted before the file is reviewed. It is recommended that the fee and the scope of the service be set out in a written engagement agreement.
🏢 C&B Law Firm
C&B Law Firm – Inheritance Lawyer in Turkey
From its office in Istanbul, Turkey; C&B Law Firm handles inheritance files in Turkish and English for Turkish citizens and foreign clients. Our team of Turkish inheritance lawyers supports clients with the certificate of inheritance and probate procedures, disclaimer of inheritance, reduction lawsuits, sham transfer cases, will annulment and dissolution of co-ownership.
We handle files before the courts and land registry offices in Turkey, starting with Istanbul. Heirs living abroad can run the process without coming to Turkey, through a power of attorney issued at a consulate or with an apostille; for details, see our filing a lawsuit in Turkey page. Every file is run under the supervision of our partners; possible risks and options are shared openly with the client from the outset.
❓ Frequently asked questions
Frequently Asked Questions About Inheritance Lawyers
Which court hears an inheritance case in Turkey, and where is it filed?
In lawsuits such as reduction, sham transfer, will annulment and annulment of the certificate of inheritance, the competent court is as a rule the Civil Court of First Instance. Partition actions, however, are heard by the Civil Court of Peace. In lawsuits such as dividing the estate and annulling dispositions on death, the court of the deceased’s last place of residence has exclusive jurisdiction. Lawsuits seeking title deed cancellation and registration are filed where the property is located.
How long do I have to reject an inheritance in Turkey?
Under Turkish law, the deadline for rejecting an inheritance is three months for statutory heirs, running from the date they learned of the deceased’s death. For appointed heirs, the period starts on the date they were officially notified of the deceased’s disposition. The rejection is made by a declaration to the Civil Court of Peace of the deceased’s last place of residence. After the period expires, extra time can be requested from the court only where there are important reasons.
How long does an inheritance case take in Turkey?
Non-contentious matters such as the certificate of inheritance and rejecting an inheritance are usually concluded quickly. The length of reduction, sham transfer and partition cases, however, varies considerably depending on the number of properties, site inspections and expert reports, the court’s workload and whether an appeal is lodged. It is therefore not possible to give an exact duration.
Who pays the lawyer’s fee in an inheritance case in Turkey?
You pay the contractual fee agreed with your lawyer. Separately, the court orders the losing party to pay the other side’s legal fee under the tariff. In an action to end joint ownership, however, court costs and legal fees are as a rule shared between the parties in proportion to their shares.
I live abroad; can I handle inheritance matters in Turkey without travelling there?
Yes. With a power of attorney issued at the Turkish consulate in your country, or by a local notary public with an apostille, the certificate of inheritance, the transfer, renouncing an inheritance and inheritance lawsuits can be handled through a lawyer without coming to Turkey. The declaration renouncing an inheritance can also be made through the consulate. For the conditions that apply when foreign heirs acquire real estate, see our foreigners buying property in Turkey article.
Do you only handle inheritance cases in Istanbul?
No. Although our office is in Istanbul, our inheritance law team handles inheritance cases and title deed procedures across Turkey, starting with Istanbul and including Antalya. Meetings with clients outside the city or abroad can also be held online.
Which documents should I bring to the first meeting?
The deceased’s death certificate and civil registry record, the certificate of inheritance and will if any, title deed details of known properties, bank and debt records and correspondence about the dispute all speed up the first assessment. A preliminary meeting can be held even if not all documents are ready; the gaps are filled from official records as the process goes on.
✉️ Contact
Contact Our Inheritance Lawyer in Turkey
C&B Law Firm
To get a legal assessment of your inheritance matter, you can request an appointment through our contact channels. We handle inheritance files in Turkey, starting with Istanbul; meetings with clients outside the city or abroad can also be held online.
Att. Orbay Çokgör – Istanbul Bar Association, Registration No: 43403
Arya Plaza No: 17/4, 34381
Şişli / Istanbul, Turkey
09.00 – 18.00