Applicable law
Under Turkish private international law, succession is governed by the law of the deceased's nationality, while Turkish law applies to immovable property located in Turkey. Where a foreign national dies owning an apartment in Antalya, the law of their home country may govern bank accounts and movable assets, whereas Turkish inheritance law governs the apartment. This distinction affects who inherits, in what shares and whether reserved shares apply.
Certificate of inheritance
Banks and the land registry require a certificate of inheritance (mirasçılık belgesi). Notaries issue it in straightforward cases, but where there is a foreign element or the civil registry records are insufficient, the application must be made to the civil court of peace (sulh hukuk mahkemesi). With the certificate, heirs can ask the land registry and banks which property and accounts were held in the deceased's name.
Foreign death and birth certificates require an apostille and a sworn translation. Heirs living abroad usually act through a power of attorney that satisfies Turkish formal requirements.
Renunciation within three months
Statutory heirs may renounce the inheritance within three months of learning of the death, by declaration to the civil court of peace. Selling or appropriating estate assets during that period can result in loss of the right to renounce, so the deceased's accounts and property should not be used until the debts are known. Where it is unclear whether the debts exceed the assets, an official inventory may be requested within the same period. The declaration must be unconditional, and enforcement proceedings against the heirs are suspended until the renunciation period has expired.
Wills and lifetime transfers
A handwritten will must be written entirely by hand, dated with day, month and year, and signed. An official will made before a notary or judge in the presence of two witnesses is less likely to be lost or disputed. A will found after the death must be delivered to the court without delay.
Certain close relatives hold reserved shares (saklı pay) that cannot be removed by will. Where a will or lifetime gift infringes them, an abatement action (tenkis davası) may be brought within one year of learning of the infringement and at the latest within ten years of the relevant date. Title transfers disguised as sales in order to exclude heirs may be challenged separately, without a time limit.
Division of the estate
Until the estate is divided, the heirs own it jointly and generally act together. If all heirs agree, a written partition agreement can settle the division without court proceedings. Families in and around Antalya often hold undivided shares in fields, orchards or apartments passed down over generations. Where agreement is not possible, mediation is compulsory before a partition case (ortaklığın giderilmesi davası) may be filed, and if the property cannot be divided in kind the court orders its sale. Heirs must also file an inheritance tax return within the statutory period. For an initial review at the Konyaaltı office, the death certificate, family records and title deed details are required.