An estate in Türkiye with heirs abroad is one of the most common cross-border matters a Turkish lawyer handles, and one of the most frequently mishandled. The property sits untouched for years; the heirs cannot agree; nobody realises that a decision to renounce had to be made within months. This article explains how Turkish succession works for heirs outside the country and what a power of attorney must cover.
How an estate passes
On death, the estate passes to the heirs as a whole. Until it is divided, they hold it in joint ownership (elbirliği mülkiyeti) under Article 701 of the Civil Code — a form of co-ownership in which there are no defined shares and in which the heirs must act unanimously.
This is the fact that governs everything else. No individual heir owns a property; the heirs together own the estate. A single heir cannot sell "their share" of a flat, because there is no share to sell until the estate is divided or converted into shared ownership.
Turkish law applies to immovable property situated in Türkiye, regardless of the deceased's nationality or where they died.
The steps
- Certificate of inheritance (veraset ilamı), obtained from a notary or a civil court of peace, establishing who the heirs are and in what proportions.
- Inheritance and transfer tax declaration to the tax office, with the tax payable in instalments over a defined period.
- Transfer (intikal) of the property into the heirs' names at the land registry.
- Division: either by agreement among the heirs, or — failing agreement — by an action for partition and sale (izale-i şuyu), in which the court orders the property sold and the proceeds divided.
Each of these can be handled by a lawyer under a power of attorney. None of them happens automatically.
Renunciation: the deadline nobody mentions
An heir may renounce an inheritance, and where the estate carries more debt than value that is frequently the right decision — because heirs who accept take on the deceased's liabilities.
The right to renounce is subject to a short period under the Civil Code, running from the point the heir learns of the death or of their status as heir. Once it passes, the inheritance is treated as accepted.
Heirs abroad routinely learn of a death late, assume there is no urgency, and lose the option. Where there is any possibility that an estate is insolvent, this is the first question to ask and the first advice to obtain — not the last.
Renunciation requires express authority in a power of attorney. A document authorising an attorney to deal with the estate does not permit them to renounce it.
What the power of attorney must authorise
- To apply for and obtain the certificate of inheritance, from a notary or the court.
- To represent the heir in the estate and in dealings with the other heirs.
- To accept or renounce the inheritance — both, expressly, and with instructions given separately about which.
- To make the inheritance and transfer tax declaration and to pay the tax.
- To effect the transfer of immovable property at the land registry.
- To agree a division of the estate with the other heirs, and to sign the division agreement.
- To sell immovable property, to determine the price, and to receive the proceeds — express authority, since authority to transfer does not include authority to sell.
- To bring and conduct proceedings, including an action for partition and sale, and to appeal.
- To collect sums due — bank balances, rents, debts owed to the deceased — and to give receipt.
- To appoint a substitute.
The document must bear a photograph, because it will be used at the land registry.
Where estates get stuck
Heirs who cannot be located. An estate cannot be divided by agreement without everyone. Where an heir is unreachable, the route is judicial — partition proceedings — rather than negotiation.
Heirs who will not agree. The classic Turkish estate: a flat, five siblings, one living in it and four abroad. Agreement is preferable and often impossible. The action for partition and sale exists precisely for this, and it produces a forced sale at auction, frequently below market value. Heirs who understand that outcome sometimes find agreement more attractive.
Unpaid inheritance tax. The declaration and payment are prerequisites to the transfer. An estate left alone for years accumulates penalties.
Property occupied by one heir. Occupation without paying the others gives rise to claims, but pursuing them requires proceedings, and family dynamics often prevent it until relations have broken down entirely.
Foreign heirs and Article 35. Non-Turkish heirs are subject to the limits on foreign property ownership. Where an inheritance would take a foreign heir beyond the thirty-hectare cap, or where the property is in a restricted zone, the position needs specific advice.
Foreign wills and Turkish property
A will made abroad may be relevant, but Turkish law applies to immovable property in Türkiye — including its provisions on reserved shares, which protect defined heirs against being disinherited.
A will that leaves a Turkish property entirely to one child, in a jurisdiction that permits it, will meet those provisions here. Heirs whose reserved shares are infringed may bring proceedings to reduce the disposition, subject to time limits.
Anyone planning succession involving Turkish property should take advice in Türkiye as well as at home, before making the will rather than after.
Practical guidance for heirs abroad
- Act promptly on the death, particularly if the estate may carry debts.
- Establish what the estate contains before deciding anything — property, accounts, debts.
- Coordinate with the other heirs early. Agreement reached at the start is worth far more than litigation three years later.
- Get one power of attorney that covers everything, including sale and litigation, rather than three successive documents.
- Appoint an independent lawyer, not a relative who is also an heir. The conflict is real and it is the origin of a recognisable category of family disputes.
- Deal with the tax declaration within the period.
- Check name spellings across the death certificate, the certificate of inheritance and your own passport.
Frequently asked questions
Do I have to come to Türkiye? Generally no. The whole sequence can be handled under a power of attorney.
Can I sell my share? Not while the estate is undivided. Division or partition comes first.
What if one heir refuses to sell? An action for partition and sale forces the outcome, usually at auction.
How long do I have to renounce? A short statutory period from learning of the death or your status. Take advice immediately.
Does a foreign will govern Turkish property? Turkish law applies to immovable property here, including reserved share provisions.
Am I liable for the deceased's debts? An heir who accepts takes on the liabilities. This is why renunciation exists and why the deadline matters.
Can a relative hold the power of attorney? Legally yes; where they are also an heir, it is a poor idea.
The cost of waiting
Turkish estates rarely improve with time. Tax accrues, relations deteriorate, heirs die and multiply the parties, and the option to renounce expires within months. Almost every difficult estate we see was straightforward when the death occurred.
Dural Hukuk acts for heirs abroad in Turkish succession matters — certificates of inheritance, tax declarations, transfers, division agreements and partition proceedings — under a single power of attorney. Call +90 535 260 74 54 or use the contact form on this site.
This article is general information on Turkish law as at August 2026 and is not legal advice. Succession matters carry short time limits; obtain advice promptly.