What Should People Living in Germany Do if They Inherit Property in Turkey?

Today, millions of Turkish citizens live in Germany. It is quite common for these individuals to inherit property or assets from close relatives such as parents or other family members in Turkey. However, many people are uncertain about how to claim inheritance in Turkey while living in Germany and what legal procedures must be followed. In this article, we will outline the steps that people living in Germany should take when they inherit assets in Turkey, within a legal framework.

1. The First Step for Those Who Inherit in Turkey: Certificate of Inheritance (Veraset İlamı)

When a person passes away in Turkey, the legal heirs must be officially identified. For this, a certificate of inheritance (Veraset İlamı) must be obtained.

a) Who Can Obtain It?

• Legal heirs (children, spouse, parents, siblings, etc.)
• If there is a will, appointed heirs

b) Where Can It Be Obtained?

• From notaries in Turkey
• Or from the Civil Court of Peace (Sulh Hukuk Mahkemesi)

Heirs living abroad can obtain this document through a power of attorney given to their lawyer without coming to Turkey.

2. Is It Possible to Conduct Turkish Inheritance Procedures from Germany?

Yes. Individuals living in Germany can grant a power of attorney to a lawyer in Turkey via a notarized document. This power of attorney:

• Can be issued at Turkish Consulates in Germany,

3. Title Deed Procedures for Inherited Real Estate in Turkey

If there are real estate assets such as houses, land, or plots in the inheritance, the names of the heirs must be transferred to the property title deed through a title deed transfer process.

Documents Required for Title Deed Transfer:

• Certificate of Inheritance (Veraset İlamı)
• Civil registry copy with family details (Vukuatlı Nüfus Kayıt Örneği)
• Copy of ID
• Power of attorney (if the lawyer will conduct the process)
• Tax office document stating there are no inheritance tax debts ("İlişiği Yoktur Yazısı")

If there is any tax debt, the title deed cannot be transferred until it is paid.

4. Inheritance and Transfer Tax in Turkey

Inheritance and transfer tax must be paid on every inherited asset in Turkey. This tax is calculated based on:

• The value of the inheritance
• The degree of kinship of the heir (closeness)

Although tax rates are generally low, substantial inheritance values can result in significant amounts. The declaration period is 4 months from the date of death. This period may be extended to up to 6 months for heirs living abroad.

5. Bank Accounts, Vehicles, Stocks, and Other Assets in Turkey

Inheritance is not limited to real estate. The deceased may also have:

• Bank accounts
• Deposits and investment funds
• Stocks
• Vehicles
• Pension claims

For these assets, separate inheritance transfer procedures must be conducted. Banks and institutions usually require the certificate of inheritance and a tax clearance document.

6. Legal Situation in Germany: Inheritance Declaration and Taxation

If a person living in Germany inherits assets in Turkey, this may also have legal consequences in Germany.

What must be done in Germany:

• Inheritance declaration (Erbschaftsanzeige) must be submitted to the tax office
• The value of the inheritance may be included in wealth tax calculations

Since there is no double taxation agreement between Turkey and Germany, tax liabilities may arise in both countries. Therefore, consulting a tax advisor is important.

7. Will Situation: Inheritance through a Will in Turkey

If there is a will in Turkey and you are appointed as an heir through that will, the will must be:

• Opened and registered at the Civil Court of Peace
• If necessary, no objections or lawsuits filed to cancel it

Living in Germany does not prevent these procedures. They can be completed through power of attorney.

8. Can All Procedures Be Done Without Going to Turkey?

Yes. Heirs living in Germany can handle all procedures without traveling to Turkey. For this, they must provide:

• Power of attorney given in Germany
• Apostille certification
• Sworn translation

to a lawyer authorized in Turkey. Your lawyer can obtain the certificate of inheritance and complete title deed and bank procedures on your behalf.

9. Why Is Legal Support Important for Those Who Inherit in Turkey?

International inheritance procedures involve legal complexities and official protocols that must be carefully followed. Missing documents, delayed declarations, or incorrect power of attorney can delay or prevent the inheritance transfer. Therefore, working with an experienced inheritance law attorney from the start is the best approach.

Frequently Asked Questions (FAQ)

• Can a power of attorney be given from Germany for inheritance matters in Turkey?
  Yes, it can be obtained from the consulate notary office.
• Can inheritance assets be transferred without obtaining a certificate of inheritance in Turkey?
  No, the certificate of inheritance is mandatory for title deed and bank transactions.
• If someone inherits in Turkey, do they pay taxes in Germany?
  Yes, in cases of significant inheritance, tax liability may arise in Germany as well. Consulting a financial advisor is recommended.

Conclusion: People Living in Germany Can Claim Their Inheritance in Turkey

In summary, if a person living in Germany inherits property or assets in Turkey, they should:

• Obtain the certificate of inheritance,
• Complete the title deed and tax procedures,
• If necessary, conduct the processes via a lawyer through power of attorney.

If all procedures are completed correctly and timely, the inheritance in Turkey can be transferred smoothly.