For Turkish people living in the Netherlands, inheritance procedures in Turkey are among the most important legal processes they face after the death of a relative. You may have lived in the Netherlands for many years, you may no longer have active ties with Turkey, or you may not know exactly where the deceased’s assets are. Even so, if a house, land, field, bank account, car, company shares or other assets remain in Turkey, these rights must be pursued officially.
Inheritance procedures are not just about the question “what is my share?” First, the heirs are identified, then the deceased’s assets in Turkey are traced. After that, land registry, tax, bank, notary or court procedures may follow. For heirs living in the Netherlands, practical matters such as the power of attorney, apostille, translation and remote representation are added to this process.
Before starting the inheritance process, both the situation of the deceased and the citizenship and residence status of the heirs should therefore be assessed together.
What Is the First Step in Inheritance Procedures in Turkey?
The first step in inheritance procedures in Turkey is usually obtaining a certificate of inheritance. In practice this document is also called a veraset ilamı. The certificate of inheritance shows who the legal heirs of the deceased are and in what shares they are entitled to the estate.
Many official procedures cannot proceed without this document. For example, a certificate of inheritance is needed to transfer a property in Turkey to the heirs, to apply to banks regarding accounts, to file the inheritance and transfer tax return, or to divide the estate.
The important point for heirs living in the Netherlands is this: some inheritance procedures can be handled through a lawyer without travelling to Turkey in person. This requires a power of attorney with the appropriate content and the complete preparation of the necessary documents.
How Is a Certificate of Inheritance Obtained?
Depending on the case, the certificate of inheritance can be obtained from a notary or from the civil court of peace. If the civil registry records are clear, the heirs are known and there is no particular doubt due to a foreign element, the process can be fairly straightforward. In some cases, however, it may be necessary to go to court.
The process should be handled with particular care in the following situations:
- If the deceased lived in the Netherlands,
- If the death was registered outside Turkey,
- If some of the heirs are citizens of another country,
- If there is dual nationality or Blue Card status,
- If family records are incomplete or contradictory,
- If there is a will or an inheritance contract,
- If there is a dispute between the heirs.
In such cases, obtaining the certificate of inheritance should not be treated as a simple application. Preparing the records and documents correctly is also important for the later land registry and tax procedures.
How Does the Process Work for Real Estate in Turkey?
One of the most common issues in the inheritance cases of Turkish people living in the Netherlands is real estate remaining in Turkey. Properties such as a house, land, field, holiday home or business premises may be registered in the name of the deceased. To be able to deal with these properties, the heirs must first document their status as heirs and then complete the transfer at the land registry.
Transfer of inheritance at the land registry means transferring a property registered in the name of the deceased to the heirs. After the transfer, the heirs are registered as owners in proportion to their shares. However, this does not mean that the property has actually been divided or sold.
After the transfer, the heirs can follow several different routes:
- They can continue to use the property together.
- They can sell the property and divide the proceeds according to their shares.
- One heir can take over the shares of the other heirs.
- The heirs can make a division agreement among themselves.
- If no agreement is reached, an action for partition (dissolution of co-ownership) can be filed.
For heirs living in the Netherlands to be represented in land registry procedures, the power of attorney must be clear and suited to the type of transaction. A power of attorney with general wording may not be sufficient for every land registry transaction.
Can Documents Issued in the Netherlands Be Used in Turkey?
Documents issued in the Netherlands usually require an apostille and translation before they can be used in Turkey. If a death certificate, a certificate of marital status, family records or another official document is to be used in Turkey, it must be made acceptable to the Turkish authorities.
In practice, the following documents may be needed:
- Death certificate,
- Identity card or passport details of the heirs,
- Civil registry extracts,
- Apostilled copies of official documents issued in the Netherlands,
- Sworn Turkish translations,
- Notarised translations where necessary,
- Documents relating to land registry or bank records,
- A power of attorney for the lawyer.
Document preparation is one of the stages that cause the most delay in inheritance procedures. Having the wrong document apostilled, an unsuitable translation or a power of attorney without the necessary powers can prolong the process. That is why it should be clear which procedure will be carried out before the documents are collected.
Why Is Inheritance and Transfer Tax Important?
When assets are acquired through inheritance in Turkey, inheritance and transfer tax (veraset ve intikal vergisi) also comes into play. The inherited assets are not necessarily only real estate; bank accounts, cars, company shares, receivables or other economic assets may also have to be declared.
Heirs living in the Netherlands sometimes focus only on the land registry or the certificate of inheritance. However, some official applications cannot proceed until the tax procedures are completed. When an inheritance file is opened, the inheritance and transfer tax return should therefore be treated as part of the process.
At this stage, the following questions become important:
- What assets did the deceased have in Turkey?
- How will the value of the properties be determined?
- Are there bank accounts or company shares?
- On behalf of which heirs will the tax return be filed?
- How will the procedure be handled if the heirs live in the Netherlands?
- Is there a risk of tax debt or an incomplete declaration?
Because tax procedures are linked to the division of the estate and the land registry transfer, the case needs to be planned as a whole.
Does Citizenship Affect Inheritance Rights?
In the inheritance procedures of Turkish people living in the Netherlands, citizenship status must be assessed separately. A person may be a Turkish citizen, a dual national, a Blue Card holder who has renounced Turkish citizenship with permission, or only a Dutch citizen.
These statuses can be important for official procedures in Turkey, land registry applications, identification, document preparation and certain legal assessments. For dual nationals, the records in Turkey need to be up to date. For Blue Card holders, it is important that Blue Card status is properly documented.
In an inheritance case, therefore, not only the assets but also the identity and citizenship status of the heirs should be checked from the start.
What Can Be Done If the Heirs Disagree?
Inheritance procedures do not always proceed by agreement. Someone may want to sell the property in Turkey, but one of the heirs may object. One heir may be using the house. Rental income may not be shared. Some title deed transfers made by the deceased during their lifetime may be considered unfair by the other heirs.
In such situations, the estate procedures alone are not enough. Depending on the type of dispute, a lawsuit may be necessary.
Common disputes between heirs include:
- The inherited property cannot be sold,
- No agreement can be reached on the division,
- Rental income is not shared,
- One heir uses the property alone,
- Earlier title deed transfers made by the deceased are disputed,
- It is suspected that some assets have been hidden from the heirs,
- The full extent of the estate is unknown.
In such cases, an action for partition, a determination of the estate, a claim arising from the inheritance, an action for cancellation and re-registration of the title deed or claims for compensation for unauthorised use (ecrimisil) may be considered. Which lawsuit to file should be determined by the cause of the dispute.
Can Inheritance Procedures Be Handled Without Travelling to Turkey?
Many inheritance procedures can be handled through a lawyer without travelling to Turkey. By granting an appropriate power of attorney, an heir living in the Netherlands can have a lawyer handle the certificate of inheritance, the land registry transfer, tax procedures, litigation or applications to public authorities in Turkey.
However, the scope of the power of attorney is very important. A power of attorney that only grants general litigation authority may not be sufficient for title deed transfers, sales, tax procedures or bank applications. When the power of attorney is drafted, the actions to be taken should therefore be listed one by one and the wording adapted accordingly.
Conclusion
For Turkish people living in the Netherlands, inheritance procedures in Turkey involve many stages: obtaining a certificate of inheritance, preparing foreign documents, the transfer at the land registry, inheritance and transfer tax, assessing citizenship status and, where necessary, litigation.
The right start in this process is to clarify the deceased’s assets in Turkey and the legal situation of the heirs. If there is real estate in Turkey, the land registry records should be examined, the tax procedures planned and any disputes between the heirs assessed.
Living in the Netherlands does not prevent you from pursuing your inheritance rights in Turkey. However, missing documents, an incorrect power of attorney or a flawed application can prolong the process unnecessarily. Getting legal support before starting from a lawyer who can assess both the Turkish and the Dutch side of the case reduces the risk of losing rights and helps the process run more smoothly.
