Inheritance Rights of Turkish Citizens Living in Germany Regarding Property in Turkey

Today, millions of Turkish citizens living abroad have direct or indirect inheritance rights to movable and immovable properties in Turkey. Especially for Turkish citizens residing in Germany, understanding their rights and obligations under Turkish inheritance law requires considering both Turkish and German legal systems. This article explains the inheritance rights of Turkish citizens living in Germany regarding property in Turkey, the applicable law, inheritance procedures, and important legal considerations.

1. When Is Turkish Inheritance Law Applicable?

According to the Turkish Civil Code, inheritance rights begin upon a person's death. However, which country’s laws apply to the inheritance may depend on the deceased’s nationality and the location of the assets.

Basic Rule under Turkish Law:

• For immovable property (e.g., land, houses, fields), the law of the country where the property is located applies. Thus, Turkish law applies to real estate in Turkey, even if the deceased was living in Germany.
• For movable property (money, securities, bank accounts, etc.), the law of the deceased’s nationality generally applies.

Therefore, when a Turkish citizen living in Germany passes away, Turkish inheritance law is usually applied to their real estate in Turkey, while German law may apply to movable assets.

2. Required Documents to Claim Inheritance in Turkey

Turkish citizens living in Germany must prepare specific documents and apply to the relevant Turkish authorities to claim inheritance rights in Turkey.

Required Documents:

• Death certificate (with sworn Turkish translation)
• Civil registry record and detailed family registration certificate
• Certificate of inheritance (Veraset İlamı)
• Inheritance certificate from a German court or notary (with apostille, if necessary)
• Copies of ID documents
• Property documents such as land registry, bank accounts, vehicle registrations, etc.

Note: Inheritance certificates obtained in Germany are not directly valid in Turkey. A certificate must be obtained from a Turkish court or notary.

3. Inheritance and Transfer Procedures in Turkey for Heirs Living in Germany

a) Obtaining a Certificate of Inheritance (Veraset İlamı)
Heirs residing in Germany can request a certificate of inheritance from any notary office or Civil Court of Peace (Sulh Hukuk Mahkemesi) in Turkey. This document shows whether a person is a legal heir and their respective share.

b) Tax Liabilities

• Inheritance and transfer tax applies to assets inherited in Turkey.
• Double taxation is generally avoided for residents of Germany due to the tax treaty between Turkey and Germany.
• The declaration period is 4 months from the date of death (6 months for those living abroad).

4. Applicable Law: Turkish Law or German Law?

According to international private law, the applicable inheritance law depends on the nationality of the deceased.

• For Turkish citizens, Turkish inheritance law generally applies.
• If the individual also had German citizenship and resided in Germany, German law may apply upon request.
• For immovable property, the law of the property's location is decisive—so Turkish law applies to real estate in Turkey, regardless of other factors.

5. Reserved Share and Heirs’ Rights

Turkish inheritance law protects legal heirs through the concept of a "reserved share" (saklı pay). According to this:

• Descendants (children, grandchildren), parents, and surviving spouses have a right to a reserved share.
• If these rights are violated through a will or donation, heirs can file a reduction (tenkis) lawsuit.
• Heirs living in Germany may also assert these rights in Turkish courts.

6. Filing Inheritance Lawsuits in Turkey

A person residing in Germany can file the following lawsuits in Turkey regarding their inheritance rights:

• Reduction lawsuit (Tenkis Davası) if reserved shares are violated
• Estate determination lawsuit (Terekenin Tespiti Davası)
• Partition lawsuit (İzale-i Şüyu) to dissolve co-ownership
• Collusion lawsuit (Muris Muvazaası Davası) for fraudulent transfers to avoid inheritance

It is sufficient to authorize a Turkish attorney to carry out these proceedings; physical presence in Turkey is not required.

7. Conclusion: Do You Know Your Inheritance Rights in Turkey While Living in Germany?

For Turkish citizens residing in Germany, the inheritance process in Turkey can be complex due to tax, legal, and international procedure aspects. Therefore, obtaining legal advice is highly recommended to protect inheritance rights and ensure the process is carried out properly.