SUNGUR LAW OFFICE

Practice areas

Inheritance law in Bodrum

Heirs living in Turkey or abroad can seek advice in English about an estate that includes property in Bodrum, from identifying the heirs and the estate to registration of title and division.

An inheritance review begins by identifying the heirs and the estate. Property, bank accounts and other rights are considered alongside debts, continuing contracts and disputes. Where a property in Bodrum is to be divided, the succession position is reviewed together with the title and use of the property.

An estate includes liabilities

Under Article 599 of the Turkish Civil Code, heirs acquire the estate as a whole by operation of law upon the deceased’s death. Subject to the statutory exceptions, personal liability for the deceased’s debts can also arise. A review therefore needs to consider the liabilities and the position concerning acceptance or renunciation of the inheritance, rather than looking only at the value of the assets.

Identifying the heirs and the estate

The certificate of inheritance, family and civil registration information, any will and other available documents are examined together. The review identifies the records needed to establish the estate’s property, accounts, receivables and debts. If heirs are based in different countries or documents have been issued abroad, the requirements for using those documents in the Turkish procedure are checked separately.

Foreign heirs and property in Türkiye

A cross-border estate may require more than one legal system to be considered. Article 20 of Law No. 5718 provides that succession is generally governed by the deceased’s national law, while Turkish law applies to immovable property situated in Türkiye. The nature and location of each asset therefore matter. A foreign will or estate document should be examined for its purpose and effect in the Turkish procedure, rather than assumed to settle every question.

A certificate of inheritance identifies heirship; registering inherited property and agreeing its division are separate steps. Under Article 71/B of the Notaries Law, a Turkish notary cannot issue a certificate of inheritance requested by a foreign national. The appropriate court application and supporting family records need to be prepared. The guide for foreign heirs inheriting Turkish property explains these distinctions.

Preparing an inheritance matter from abroad

Initial preparation can start with a chronology, the deceased’s nationality and last residence, known assets and debts, available family records and any will or previous estate proceedings. Where several heirs are involved, their identities and positions need to be established before discussing a sale or distribution. Authority given by one heir does not amount to authority to act for all the others.

The document review identifies what can be used in its current form, what needs authentication or translation and what must be obtained from an authority. A suitable power of attorney can support representation in the agreed procedures. Whether a particular step needs personal attendance is assessed separately; remote preparation is not a promise that every matter can be completed without travel.

Division and disputes

Discussions about dividing an estate need to address valuation, payment, delivery and registration as well as which asset is allocated to whom. Where continued shared use, a sale or termination of co-ownership is being considered, the existing rights and the parties’ objectives are assessed together. Disputes concerning termination of co-ownership are subject to the mandatory mediation provisions in Article 18/B of Law No. 6325.

The effect of a will, a claim concerning a reserved share, a transfer made during the deceased’s lifetime and renunciation of inheritance require different legal assessments. The basis of the claim, relevant parties, transaction dates and evidence need to be established before selecting a procedure. Applicable time limits and application requirements are checked against the documents in the particular matter.

Documents for the initial review

Useful documents include any certificate of inheritance, information establishing family relationships, wills and other estate planning documents, title deed copies, known debt and asset records, previous agreements and documents served. Where the full estate position is not yet known, the available information should be distinguished from the matters requiring investigation.

Discuss your matter in English

For an initial enquiry, briefly describe the matter and the outcome you are seeking. Please avoid sending sensitive documents until the office confirms what is needed. Email the office in English or call +90 532 292 26 38.

Related reading

The notes on renunciation of inheritance and termination of co-ownership address particular questions. The property section covers review of real estate, while the mediation and settlement section explains preparation for settlement discussions.

Legal framework: Turkish Civil Code No. 4721, Article 599; Law on Mediation in Civil Disputes No. 6325, Article 18/B. This is general information. Heirship, liability and time limits require a separate assessment in each matter.

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