Inheritance and Estate Procedures for Arab Citizens in Turkey

Türkiye is home to a significant number of foreign nationals, including citizens of Arab countries. Some Arab citizens own real estate, companies, bank accounts, vehicles, or other assets in Türkiye.

When a foreign national dies, their heirs may need to complete various legal procedures in order to establish their inheritance rights and manage the assets located in Türkiye.

These matters can become more complex when the deceased and the heirs are citizens of different countries or when the heirs live outside Türkiye.

For Arab citizens arriving in Türkiye through Istanbul Airport to deal with an inheritance, obtaining professional legal assistance can help clarify the applicable procedures.

What Happens When an Arab Citizen Dies in Türkiye?

If an Arab citizen dies while living in or visiting Türkiye, several legal and administrative procedures may be necessary.

These may include:

• Registration of the death.
• Obtaining official death documentation.
• Identifying the heirs.
• Determining the assets of the deceased.
• Dealing with real estate.
• Reviewing company shares.
• Handling bank accounts.
• Addressing debts and liabilities.
• Completing inheritance-related registrations.

The exact procedures depend on the circumstances of the deceased and the assets involved.

Can Arab Citizens Inherit Property in Türkiye?

Foreign nationals may inherit property in Türkiye, subject to the applicable legal rules concerning foreign ownership and inheritance.

If the deceased owned an apartment, house, land, commercial property, or another real estate asset, the heirs may need to complete the relevant inheritance and title-deed procedures.

The legal status of the property should be reviewed before any transfer or sale.

What Is an Inheritance Certificate?

An inheritance certificate is a document used to establish who the legal heirs are and their respective inheritance rights.

For an international inheritance case, the relevant documentation may involve both Turkish and foreign documents.

The appropriate authority and procedure depend on the circumstances of the case.

What Documents May Be Required?

Arab heirs may be asked to provide documents such as:

• Death certificate.
• Passport.
• Birth certificates.
• Marriage certificate.
• Family records.
• Foreign inheritance documents.
• Will, if applicable.
• Property documents.
• Company documents.
• Bank information.

Foreign documents may need to be translated and legalized or apostilled, depending on the document and country of origin.

Do Arab Heirs Need to Travel to Türkiye?

Not necessarily for every procedure.

Depending on the matter, an heir may be able to authorize a lawyer or another representative through a power of attorney.

This can be particularly useful for heirs living in Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Bahrain, Oman, or other countries who do not want to travel to Türkiye for every administrative procedure.

However, the specific requirements should be checked for each transaction.

What If the Deceased Owned an Apartment in Istanbul?

If the deceased owned an apartment in Istanbul, the heirs may need to deal with the relevant title-deed procedures.

The process may involve:

• Establishing the heirs.
• Reviewing the title deed.
• Checking ownership records.
• Identifying restrictions.
• Completing inheritance registration.
• Addressing taxes and fees.
• Deciding whether to retain or sell the property.

A legal review can help determine what steps are required.

What If the Deceased Owned a Company in Türkiye?

Company shares can form part of an estate.

If the deceased was a shareholder in a Turkish company, the heirs may need to examine:

• The company's articles of association.
• Shareholding structure.
• Share certificates or records.
• Other shareholders.
• Company debts.
• Management arrangements.
• Transfer procedures.

Inheritance of company shares can therefore involve both inheritance law and Turkish corporate law.

What Happens to Bank Accounts After Death?

If the deceased had money in a Turkish bank account, the heirs may need to establish their legal status before dealing with the account.

The bank may require specific documents confirming the identity and inheritance rights of the heirs.

The exact process can depend on the bank, the account, the number of heirs, and the applicable legal requirements.

What If There Are Several Heirs?

Inheritance matters can become more complicated when there are several heirs.

Disagreements may arise concerning:

• The division of assets.
• Real estate.
• Company shares.
• Bank accounts.
• Debts.
• Sale of inherited property.
• Distribution of proceeds.

If the heirs cannot agree, legal procedures may be necessary to resolve the dispute.

What If There Is a Will?

Some international inheritance cases involve a will prepared in an Arab country or another foreign jurisdiction.

The legal effect of a foreign will in Türkiye must be examined according to the applicable rules.

Questions may arise concerning:

• The validity of the will.
• Its form.
• Applicable law.
• Translation.
• Authentication.
• The rights of heirs.
• Turkish public-order rules.

A will should therefore be reviewed before relying on it in Türkiye.

What If the Deceased Was a Foreign National but Owned Turkish Assets?

The fact that the deceased was not a Turkish citizen does not necessarily prevent the heirs from dealing with assets located in Türkiye.

However, international inheritance cases may require consideration of conflict-of-laws rules and other applicable legislation.

The nationality of the deceased, residence, location of the assets, nationality of the heirs, and existence of a will can all be relevant.

What Happens to Inherited Real Estate?

Once the heirs' rights are established, the relevant real estate procedures may need to be completed.

The heirs may then consider whether to:

• Keep the property.
• Rent it.
• Sell it.
• Transfer interests between heirs.

Each option can have different legal, tax, and procedural consequences.

Are There Taxes on Inherited Assets?

Inheritance and transfers of assets can involve tax obligations or fees depending on the nature and value of the assets and the circumstances of the transaction.

For this reason, heirs should consider the tax implications before transferring or selling inherited assets.

A lawyer and, where appropriate, a tax professional can review the relevant obligations.

What If the Heir Lives Outside Türkiye?

Many Arab heirs may never have lived in Türkiye themselves.

They may live in:

• Saudi Arabia.
• United Arab Emirates.
• Qatar.
• Kuwait.
• Bahrain.
• Oman.
• Jordan.
• Egypt.
• Other countries.

Living outside Türkiye does not necessarily prevent an heir from pursuing inheritance rights concerning assets located in Türkiye.

A power of attorney may allow certain procedures to be handled by a lawyer or authorized representative.

What If an Heir Has an Entry Ban or Tahdit Code?

An heir may have a valid inheritance right while simultaneously facing an entry ban or Tahdit code in Türkiye.

In such a situation, two separate legal issues may need to be considered:

1. The person's inheritance rights.
2. The person's immigration status.

An entry restriction does not automatically determine the existence of inheritance rights.

However, it may make personal attendance in Türkiye more difficult.

What If an Heir Is Refused Entry at Istanbul Airport?

An Arab heir may travel to Türkiye to deal with an inheritance and then discover an immigration restriction upon arrival at Istanbul Airport.

The passenger may be refused entry because of:

• An entry ban.
• Tahdit code.
• Previous deportation.
• Visa problems.
• Previous immigration violations.

If this happens, the immigration issue should be reviewed separately from the inheritance matter.

Can a Lawyer Handle the Inheritance Process?

Depending on the circumstances, an heir may authorize a Turkish lawyer to handle certain procedures.

Legal representation may include:

• Reviewing inheritance documents.
• Obtaining or handling inheritance-related documents.
• Following title-deed procedures.
• Communicating with banks.
• Handling company-related procedures.
• Representing the heir in legal proceedings.
• Assisting with inheritance disputes.

The scope of representation depends on the power of attorney and the specific procedure.

What If the Heirs Disagree About Selling a Property?

Disputes frequently arise when one heir wants to sell an inherited property while another wants to keep it.

Other disagreements may concern:

• The property's value.
• Rental income.
• Division of expenses.
• Distribution of sale proceeds.
• Ownership shares.

If an agreement cannot be reached, the heirs may need to consider the relevant legal procedures for resolving the dispute.

What If Someone Is Holding the Deceased's Documents?

Sometimes an inheritance dispute involves possession of:

• Property documents.
• Company records.
• Bank information.
• Wills.
• Contracts.
• Personal documents.

If one party refuses to provide documents necessary to establish inheritance rights, legal assistance may be required to determine how the documents can be obtained or protected.

What If There Is an Inheritance Dispute Between Arab and Turkish Heirs?

International families may include heirs who are Turkish citizens and heirs who are foreign nationals.

This can create additional legal questions involving:

• Applicable law.
• Property rights.
• Documentation.
• Court jurisdiction.
• Translation.
• Recognition of foreign documents.

Each case should be assessed individually based on the nationality and circumstances of the deceased and heirs.

Cosmos Legal Law Firm Services for Arab Heirs

Cosmos Legal Law Firm provides legal assistance to Arab citizens and other foreign nationals dealing with inheritance matters in Türkiye.

Depending on the circumstances, the firm's services may include:

• Inheritance procedures.
• Inheritance certificates.
• Inherited real estate.
• Title-deed procedures.
• Company shares inherited by foreign heirs.
• Bank and financial asset procedures.
• Review of wills.
• International inheritance matters.
• Inheritance disputes.
• Power of attorney procedures.
• Representation before relevant authorities.
• Entry bans and Tahdit codes affecting heirs.
• Immigration and residence-related matters.

The firm can review the deceased's assets, the heirs' documents, and the international aspects of the case to determine the appropriate legal procedures.

Why Is Legal Advice Important in International Inheritance Cases?

Inheritance cases involving several countries can be significantly more complicated than domestic inheritance cases.

Issues may arise concerning:

• The nationality of the deceased.
• The nationality of the heirs.
• The deceased's residence.
• The location of the assets.
• Foreign wills.
• Real estate.
• Company shares.
• Taxes.
• Recognition of foreign documents.

For this reason, obtaining legal advice before transferring or selling inherited assets can help clarify the legal position.

What Should Arab Heirs Prepare Before Coming to Türkiye?

Before traveling to Türkiye, heirs may wish to gather:

• Passport copies.
• Death certificate.
• Family records.
• Birth and marriage certificates.
• Inheritance documents.
• Will, if any.
• Property information.
• Company information.
• Bank information.
• Previous correspondence concerning the estate.

If an heir has previously experienced immigration problems in Türkiye, it may also be advisable to check their immigration status before traveling.

Conclusion

Arab citizens may inherit real estate, company shares, bank accounts, and other assets in Türkiye. International inheritance cases can involve Turkish inheritance procedures together with foreign documents and cross-border legal issues.

Heirs who live outside Türkiye may, depending on the circumstances, be able to authorize a representative or lawyer to handle certain procedures on their behalf.

If an heir also has an entry ban, Tahdit code, previous deportation, or another immigration restriction, the immigration issue should be evaluated separately from the inheritance rights.

Cosmos Legal Law Firm assists Arab citizens with inheritance procedures, inherited property, company shares, wills, inheritance disputes, title-deed procedures, powers of attorney, and other legal matters relating to estates in Türkiye.

A careful review of the deceased's assets, the heirs' documents, and the applicable legal framework can help determine the appropriate way to protect and administer the inheritance.