For Turkish citizens living in the Netherlands, inheritance matters in Turkey are often about more than just “dividing the inherited property”. The deceased may have had real estate, bank accounts, a car, company shares, claims or debts in Turkey. The heirs may live in different countries. Some heirs may accept the division while others object. When land registry, tax, court and enforcement procedures in Turkey are added, inheritance cases become legal processes that need to be planned more carefully.
Inheritance law in Turkey covers many topics, such as who the heirs are, determining inheritance shares, determining the estate, dividing the estate, inheritance-related claims, selling real estate and disputes between heirs. For heirs living in the Netherlands, practical matters such as the power of attorney, consular procedures, document preparation, translation, apostille and representation without coming to Turkey are added.
In short, living in the Netherlands does not prevent you from pursuing your inheritance rights in Turkey. However, steps such as obtaining a certificate of inheritance, determining shares, identifying assets in Turkey, transferring title at the land registry, tax procedures, and division or an action for partition must be carried out in the right order.
Hukukcum.nl was created to make inheritance law procedures in Turkey easier to understand for Turkish people living in the Netherlands and to provide a basic roadmap on heirship, the certificate of inheritance, the estate, division of real estate and representation by power of attorney.
Heirship Procedures in Turkey
Heirship procedures in Turkey begin with determining, upon a person’s death, who the heirs are and in what shares they are entitled. The most basic document in this process is the certificate of inheritance (veraset ilamı). It shows who the heirs are and their shares of the estate.
For Turkish citizens living in the Netherlands, the first questions about heirship procedures are usually:
- Can a certificate of inheritance be obtained without going to Turkey?
- How can I find out about an inherited house, land or bank account?
- How can an heir in the Netherlands follow procedures in Turkey?
- Do all heirs need to come to Turkey for the land registry transfer?
- What happens if the heirs cannot agree?
The answers to these questions may vary depending on the nationality of the deceased, the situation of the heirs, the assets in Turkey and how the documents are prepared.
In short, heirship procedures in Turkey begin with the official determination of the heirs and their shares. Heirs living in the Netherlands can have many procedures in Turkey handled by a lawyer with an appropriate power of attorney and documents.
Why is a certificate of inheritance needed?
Many official procedures cannot be carried out without a certificate of inheritance. It is one of the key documents for the land registry transfer, applications to banks, transfer of vehicles, division of the estate or an action for partition.
This document shows that the heir is genuinely entitled. On its own, however, it does not divide the estate. Once the certificate of inheritance is obtained, the inheritance rights are established; but the actual transfer of real estate, sale, tax, division or court proceedings are carried out separately.
What is the first step for heirs living in the Netherlands?
The first step is usually to examine the deceased’s records and assets in Turkey. Civil registry records, the death record, title deed information, bank accounts, company records and any earlier legal documents are assessed for this.
Determining Inheritance Shares
Determining inheritance shares is one of the most sensitive stages of inheritance law. Who is an heir and in what share depends on the deceased’s family structure, whether there is a surviving spouse, the children’s situation, whether the parents or siblings are alive and whether there is a will or an inheritance contract.
The following questions are important when determining shares:
- Did the deceased have a spouse?
- Are there children or grandchildren?
- Are the parents alive?
- Can siblings be heirs?
- Was a will made?
- Does the surviving spouse have rights arising from the matrimonial property regime?
- Did the deceased have assets in Turkey and the Netherlands?
In short, inheritance shares are not calculated arbitrarily based only on the number of heirs. Statutory heirship, appointed heirs, the will, the surviving spouse’s position and the matrimonial property regime are assessed together.
Who are the statutory heirs?
Under Turkish law, statutory heirs are generally blood relatives, the surviving spouse, adopted children and, in some cases, the state. In practice, the most common heirs are children, the surviving spouse, parents and siblings. But the group of heirs is not the same in every case.
For example, if the deceased had children, the position of the parents or siblings as heirs is assessed differently. The surviving spouse may have different shares depending on which group of heirs they inherit with.
Does a will change the inheritance shares?
If there is a will or an inheritance contract, the shares must be assessed more carefully. The deceased cannot dispose of their entire estate without limits. Where there are heirs with reserved portions (saklı pay), a will or gifts may infringe their rights. In such cases, separate legal routes such as an action for reduction (tenkis davası) may be considered.
When calculating inheritance shares, looking only at the certificate of inheritance may therefore not always be enough. Sales, gifts, property transfers or wills made by the deceased must also be examined.
Dividing the Estate
Dividing the estate means the heirs sharing the assets of the estate among themselves. This can be done by agreement or, in case of dispute, through the courts.
The estate may include:
- A house, land, field, holiday home or business premises,
- Bank accounts,
- Vehicles,
- Company shares,
- Rental income,
- Claims,
- Jewellery, furniture or other movable property,
- The deceased’s claims against third parties.
In short, to divide the estate, its scope must first be determined, then the heirs’ shares clarified and it must be assessed whether the division will be made by agreement or through the courts.
Is division by agreement possible?
If the heirs can agree, the estate can be divided by a division agreement or through procedures at the land registry, bank, notary and other authorities. This route is usually faster and less stressful.
However, if the heirs live in different countries, the documents must be prepared properly even if they agree. Heirs living in the Netherlands may need to grant a power of attorney for procedures in Turkey. The content of the power of attorney must be tailored to the procedure.
Why does division become difficult?
Division of the estate can become difficult especially when:
- One of the heirs opposes the sale or division,
- There is disagreement about the value of the property in Turkey,
- One of the heirs uses the property alone,
- Rental income is not shared,
- Earlier title deed transfers are disputed,
- Some heirs live in the Netherlands and others in Turkey,
- There are gaps in the power of attorney or documents.
In such cases, the division may not be resolvable just by talking within the family. The right legal route must be determined.
Disputes Between Heirs
Disputes between heirs usually arise over the division, use, sale, rental income, earlier transfers or the deceased’s debts. Especially in cases involving property in Turkey, one heir using the house or refusing to sell is a common problem.
The following disagreements may arise between heirs:
- Whether the inherited house should be sold,
- How the value of the property should be determined,
- Who has been receiving the rental income,
- Whether transfers made by the deceased during their lifetime are valid,
- Whether one heir carried out transactions without informing the others,
- Whether the estate has been understated,
- Whether claims belonging to the estate have been collected,
- Who is liable for the deceased’s debts.
In short, in disputes between heirs, the type of problem must first be identified. Not every dispute is resolved by an action for partition. In some cases, determination of the estate, a claim for payment, an action for cancellation and re-registration of title, an action for reduction or a claim for compensation for unauthorised use (ecrimisil) may be considered.
What can be done if one heir blocks the division?
If one heir does not accept the division or sale, the other heirs do not have to wait indefinitely. Depending on the nature of the property and the case, an action for partition can be filed. Before filing, however, the title deed status of the property, the certificate of inheritance and any use and tenancy relationships should be examined.
What happens if one heir uses the property alone?
If one heir uses the inherited property alone and the other heirs cannot benefit from it, claims for compensation for unauthorised use (ecrimisil) or for payment may be considered depending on the use. Such claims require technical assessment. Formal notices, the use of the property, its nature and the heirs’ conduct are important.
Selling Inherited Real Estate
To sell an inherited house, land, field or business premises in Turkey, the heirship and land registry procedures must first be assessed. Once the property has been transferred to the heirs, they can sell it together. However, all heirs must agree.
If the heirs can agree on the sale, the transaction can be completed more quickly. Heirs living in the Netherlands can be represented in the sale in Turkey by granting an appropriate power of attorney. However, the power of attorney must expressly include the powers needed to sell real estate.
In short, to sell inherited real estate, the heirs’ rights must be determined, the title deed status examined and the powers for the sale prepared correctly. If the heirs cannot agree, the sale may come about through the courts.
Do all heirs need to consent to the sale?
In a sale by agreement, all heirs must take part. If one heir lives in Turkey and another in the Netherlands, the heir abroad can be represented by a power of attorney. However, a power of attorney with missing or incorrect powers can cause problems at the land registry.
How is the property sold if the heirs cannot agree?
If the heirs cannot agree on selling the property, an action for partition can be filed. If physical division of the property is not possible, the co-ownership is ended by sale. The proceeds are distributed to the heirs according to their shares.
At this point, the valuation of the property, the sale procedure, the share ratios and the relationship with the other heirs must be followed carefully.
Determining the Estate
The estate (tereke) is the entirety of the deceased’s assets and debts. Determining the estate (terekenin tespiti) is the legal route used to establish which assets, rights, claims and debts the deceased left behind.
Determining the estate is especially important when:
- The deceased’s assets are not fully known,
- Some heirs are hiding assets,
- Bank accounts, real estate or company shares need to be investigated,
- There is uncertainty about the deceased’s debts,
- Trust has broken down between the heirs,
- It is suspected that some assets changed hands after the death.
In short, determining the estate is an important legal tool for establishing the deceased’s assets and debts before the estate is divided.
Why might determination of the estate be necessary?
Sometimes the heirs do not know how much the deceased owned in Turkey. Especially in families who have lived in the Netherlands for many years, property, bank accounts or old company shareholdings in Turkey may have been forgotten. Conversely, the deceased may have lived in Turkey while the heirs live in the Netherlands. In such a situation, heirs may find it hard to obtain information.
Determining the estate is important so that the heirs can see their rights and the division can be made properly. However, the process does not work the same way in every case. Depending on the type of assets, land registry, bank, company, vehicle or other official records may need to be examined.
Inheritance-Related Claims
Inheritance-related claims can arise from monetary demands between heirs or between heirs and third parties. These cases are sometimes filed to collect the deceased’s claims, sometimes because one heir is using estate property, and sometimes because inheritance shares are being unfairly withheld.
Inheritance-related claims may arise when:
- Rental income from inherited property is not shared,
- An heir uses money or property belonging to the estate for themselves,
- The deceased’s claims against third parties are not collected,
- Some heirs pay certain expenses alone,
- Compensation for unauthorised use (ecrimisil) arises from use of the property,
- The amount due for an inheritance share is not paid.
In short, the key issue in inheritance-related claims is against whom, on what basis and with which evidence the monetary claim arising from the inheritance will be made.
What can be done if rental income is not shared?
If rental income is earned from an inherited house or business premises but not shared with all heirs, a claim for payment may arise. Lease agreements, payment records, bank movements and the use of the property must be examined.
Who pursues the deceased’s claims?
If the deceased had claims against third parties, the heirs can act together to collect them. If the heirs cannot agree, legal representation and court proceedings may be needed. The basis of the claim may be a contract, a promissory note, a bank record or another document.
Action for Partition
An action for partition (ortaklığın giderilmesi davası) is filed to divide or sell property held by the heirs in shared or joint ownership. It is one of the most commonly used actions for dividing inherited real estate.
An action for partition may be considered especially when the heirs cannot agree on the sale, division or use of the property. With this action, one heir can start the process; the other heirs’ refusal to consent to a sale does not in itself prevent the action from being filed.
In short, if the heirs cannot agree on the division of inherited property, an action for partition can be used to request physical division of the property or the ending of co-ownership by sale.
What happens in an action for partition?
During the case, the title deed status of the property and the co-owners are examined first. It is assessed whether the property can be physically divided. If physical division is not possible, ending the co-ownership by sale may be considered.
The proceeds of the sale are distributed to the heirs according to their shares. However, the sale process involves valuation, advertisement, auction and distribution, so it must be followed carefully.
Can an heir living in the Netherlands file this action?
Yes. An heir living in the Netherlands can file an action for partition, or be represented in an action already filed, by granting an appropriate power of attorney to a lawyer in Turkey. However, in addition to powers to file and conduct the case, powers for sale, collection and procedures with public authorities may also need to be considered.
Representation in Turkey of Heirs Living in the Netherlands
For heirs living in the Netherlands, following the inheritance process in Turkey in person is often not practical. Procedures at the land registry, court, notary, tax office, bank or other authorities may involve different stages. Representation by a lawyer therefore makes the process more organised and traceable.
Representation in Turkey is particularly important when:
- A certificate of inheritance is to be obtained,
- Real estate in Turkey is to be transferred,
- There is a dispute between heirs,
- An action for partition is to be filed,
- Determination of the estate is requested,
- An inheritance-related claim has arisen,
- Rental income or a fee for use is to be claimed,
- Bank, land registry or tax procedures in Turkey need to be followed.
How should the power of attorney be prepared?
An heir living in the Netherlands can grant a power of attorney to a lawyer in Turkey through the consulate or other competent authorities. However, in inheritance cases, the scope of the power of attorney must be determined carefully.
Depending on the case, the power of attorney may need to include powers to:
- Obtain a certificate of inheritance,
- File and conduct lawsuits,
- Carry out land registry transactions,
- Handle tax procedures,
- Follow up bank applications,
- Represent in sales,
- Collect payments,
- Special powers such as settlement and waiver.
A power of attorney with missing powers may require a new one to be drawn up during the procedure, which means lost time for heirs living in the Netherlands. It is therefore useful to have the text of the power of attorney checked by the lawyer who will handle the case before going to the appointment.
Frequently Asked Questions
I live in the Netherlands. Can I follow my inheritance procedures in Turkey?
Yes. Heirs living in the Netherlands can follow inheritance procedures in Turkey through a lawyer with an appropriate power of attorney and the necessary documents.
Can land registry transactions be carried out in Turkey without a certificate of inheritance?
The certificate of inheritance is generally one of the key documents for the land registry transfer and division of the estate. It ensures the official determination of the heirs and their shares.
Do all heirs need to consent to selling the inherited house?
For a sale by agreement, all heirs must take part. If one heir opposes the sale, an action for partition may be considered.
What can be done if one heir uses the house and does not pay the others?
Depending on the circumstances, claims for compensation for unauthorised use (ecrimisil) or for payment may be made against the heir using the property alone. The use and any formal notices must be assessed.
What is an action to determine the estate for?
Determination of the estate establishes the deceased’s assets and debts. It is especially important if the estate is unknown or it is suspected that assets have been hidden.
Can an heir in the Netherlands file a case without coming to Turkey?
Many inheritance cases can be followed through a lawyer without coming to Turkey. This requires a power of attorney with the appropriate content.
What can I do if my inheritance share was understated?
First, the certificate of inheritance, civil registry records and any will or earlier transfers must be examined. If there is an incorrect or understated share, legal action can be taken.
Does an action for partition always end in a sale?
Not always. The possibility of physical division is assessed first. If the property cannot be physically divided, ending the co-ownership by sale may be considered.
Are heirs liable for the deceased’s debts?
An inheritance can include not only assets but also debts. Matters such as renouncing the inheritance or whether the estate is insolvent must be assessed case by case.
When Should You Consult a Lawyer?
If there is inherited real estate, a bank account, company shares or a claim in Turkey and the heirs live in different countries, it is advisable to get legal support from a lawyer at the start of the process. A legal assessment should be made without delay especially if there is a dispute between heirs, one heir uses the property alone, a sale is being blocked, rental income is not shared or the estate is not fully known.
One of the most common problems for heirs living in the Netherlands is trying to act with an incorrect or incomplete power of attorney. If the powers needed for land registry, sale, litigation, collection or tax procedures are not determined at the outset, the process can be prolonged.
Consulting a lawyer does not always mean filing a lawsuit. Sometimes a solution can be found without litigation through proper document preparation and good communication between the heirs. Sometimes, to protect inheritance rights, determination of the estate, an action for partition, a claim for payment or a title deed case may be needed.
Conclusion
For Turkish people living in the Netherlands, inheritance law in Turkey can involve many stages, such as obtaining the certificate of inheritance, determining shares, determining the estate, dividing the estate, selling real estate, inheritance-related claims and an action for partition.
The right start in these processes is to clarify the deceased’s assets in Turkey and the heirs’ shares. Then it should be decided whether the division will be made by agreement or through the courts. For heirs living in the Netherlands, the power of attorney, document preparation and representation by a lawyer in Turkey should also be planned from the start.
Hukukcum.nl was created to help Turkish people living in the Netherlands follow inheritance law procedures in Turkey in a clearer, more organised and more secure way. Knowing which route to take in your inheritance case prevents loss of rights and helps manage family disputes in a more controlled way.
