Legal Procedures When a Foreigner Dies in Turkey
When a foreign national passes away in Turkey, a series of legal procedures must be followed to handle the death properly. Turkish law applies specific rules to such situations, which can be quite different from what foreigners might be familiar with in their home countries. This article aims to explain these procedures in simple terms, focusing on both the immediate steps after death and the subsequent inheritance processes.
Initial Procedures Following Death
Death Certificate and Registration
The very first step after a foreigner dies in Turkey is obtaining a death certificate. Official documentation is crucial for all subsequent legal proceedings.
When a person dies in Turkey, that person becomes subject to Turkish laws, making the death certificate the critical first document needed.
If the death occurs in a hospital due to natural causes, the death certificate is issued by the authorized doctor at the hospital and delivered to the concerned person. However, if the death happens at home due to natural causes, a doctor must be requested by applying to the municipality.
In cases where death occurs under suspicious circumstances, it should be reported to the Police (Tel: 155), and the death certificate will then be issued by the court.
Remember: Don’t delay getting the death certificate! Without it, you can’t proceed with any other legal steps, including insurance claims or property transfers.
After obtaining the death certificate, it must be registered with proper authorities. Once a death certificate has been issued, it must be registered with the Population Registry Office (Nüfus Müdürlüğü) within a maximum of ten days. Following this registration, it is necessary to obtain the MERNIS death certificate and multilingual death certificate (Formula C) issued by the population directorate.
Important Documents to Obtain
For international recognition of the death, the Formula C document is particularly important. Form C, also known as the International Death Certificate, contains information related to the deceased person and is issued for submission to foreign authorities.
Key documents needed:
- Death certificate from hospital or municipal doctor
- MERNIS death certificate from population registry
- Multilingual death certificate (Formula C)
- The deceased’s passport
Handling the Deceased’s Remains
Burial in Turkey vs. Repatriation
After death, the family must decide whether to bury the deceased in Turkey or repatriate the body to their home country. The funeral procedures for foreigners who died in Turkey have a few differences compared to Turkish citizens and can either be buried in Turkey or sent to their country of citizenship.
If burial in Turkey is chosen, the Municipal Funeral Department (Belediye Cenaze İşleri) located in the local town hall will handle the death. After completing all the paperwork, they will release the body for the funeral.
For repatriation of remains to the deceased’s home country, the body should undergo chemical processes and embalming procedures to prevent deterioration. Additionally, it is obligatory to obtain a road permit from the municipality where the death occurred.
Note: If you’re in a tourist area with many foreigners, the local funeral department might have specialists familiar with handling international cases. Don’t hesitate to ask for assistance!
Legal Inheritance Procedures
Understanding Applicable Laws
When it comes to inheritance of a foreigner’s assets in Turkey, the situation becomes more complex due to the intersection of different legal systems. Understanding which laws apply is crucial for proper inheritance proceedings.
For movable assets like money in banks or valuables in safety deposit boxes, the laws of the deceased’s nationality are applied. In contrast, the division of immovable property, particularly real estate, is governed by Turkish law.
This means that even if a will was made according to the laws of the deceased’s home country, Turkish real estate must be distributed according to Turkish inheritance law. If the deceased is a foreign citizen and there are immovable properties located in both Turkey and outside of Turkey, Turkish law will be applied for the immovable properties in Turkey.
Certificate of Inheritance
The most important document for heirs to obtain is the certificate of inheritance. When a foreign national passes away and leaves assets in Turkey, the heirs must first obtain a certificate of inheritance. This involves submitting a petition in the local court where the property of the deceased is located.
A foreigner’s heirs must follow specific procedures to obtain this document. An heir who has inherited from a foreigner must apply to the court in Turkey to obtain the certificate of inheritance. A foreigner can only request a certificate of inheritance from the Civil Courts of Peace.
Be aware! An inheritance certificate obtained in a foreign country cannot be directly used in Turkey. The heirs must specifically apply to Turkish courts for a certificate that will be valid for Turkish assets.
Inheritance Rights and Distribution
The distribution of assets follows Turkish law for immovable property in Turkey, regardless of the deceased’s nationality or existing wills. According to Turkish inheritance law, if there is no will:
According to Turkish law, if a person dies and there is no will, the right to property is distributed as follows: If after the death of the owner one of the spouses and children remains alive, then ¼ of the share is transferred to one of the spouses while the remaining is distributed among the children.
The order of legal heirs under Turkish law is:
- Children and spouse (first priority)
- Parents (if no children)
- Siblings (if parents are deceased)
- Grandchildren and their descendants
- If no relatives, all property goes to the spouse
- If no heirs at all, property reverts to the Turkish government
Inheritance Taxation
Tax Rates and Payment Schedule
Inheritance tax must be paid in Turkey for any assets located within the country. Recipients of property through inheritance or donation are subject to inheritance and gift tax at rates ranging from 1% to 30%. Tax paid in a foreign country on inherited property is deducted from the tax base as a deductible expense.
The rates vary depending on:
- The value of the inherited assets
- The relationship between the heir and the deceased
Inheritance tax in Turkey can be paid over a maximum period of 3 years and is paid in May and November of each year. This payment schedule makes it more manageable for heirs to fulfill their tax obligations.
Tax tip: There may be tax exemptions or reductions available. For example, taxes on gifts received from parents, spouses, and children are often reduced by 50%.
Common Challenges and Practical Advice
Dealing with Language Barriers
One of the biggest challenges foreigners face when dealing with death in Turkey is the language barrier. Professional assistance is often necessary to navigate the complex legal procedures.
Engaging a lawyer in Turkey can help ensure that the process is completed efficiently and accurately. A lawyer with experience in international inheritance cases can handle all necessary legal procedures, gather required documents, arrange for translations and certifications, and follow up on administrative processes.
Banking and Financial Assets
Accessing the deceased’s bank accounts in Turkey requires specific procedures. To close a deceased person’s bank accounts and withdraw the funds, heirs must first obtain a certificate of inheritance. They also need an official bank statement of account balances at the date of death for tax reporting.
After paying the required inheritance tax and receiving a clearance letter from the tax office, the heirs can then proceed to withdraw the funds.
Important Considerations for Foreigners with Assets in Turkey
Making a Will in Turkey
If you own property in Turkey, consider making a Turkish will to clarify your wishes. For foreigners, the will must be prepared as required by Turkish law in order to write a legally recognized will.
There are three valid forms of wills under Turkish law:
- Official will (prepared with a notary)
- Handwritten will (entirely written, dated, and signed by the testator)
- Oral will (only valid in exceptional circumstances such as imminent danger of death)
Remember that while a Turkish will can help express your wishes, it cannot override the mandatory provisions of Turkish inheritance law regarding certain protected heirs and their reserved portions.
Reciprocity Issues
An important consideration for foreigners is the principle of reciprocity between countries. It is necessary to determine whether there is reciprocity between the state in which the deceased was a citizen and Turkey with regard to inheritance practices. If there is no legal or practical reciprocity, the heirs’ transfer request will be rejected.
Comparison: Turkish vs. Foreign Inheritance Procedures
| Turkish Process | Typical Foreign Process |
|---|---|
| Timeframe for burial: 1-2 days (unless investigation needed) | Timeframe for burial: Often longer (3-10 days) |
| Primary inheritance law for real estate: Always Turkish law for property in Turkey | Primary inheritance law for real estate: Usually law of deceased’s nationality |
| Will requirements: Must comply with Turkish Civil Code | Will requirements: Varies by country |
| Tax payment schedule: Payable over 3 years (biannual) | Tax payment schedule: Often due within 6-12 months |
| Recognition of foreign documents: Requires court validation | Recognition of foreign documents: Often simpler mutual recognition |
Conclusion
Dealing with the death of a foreign national in Turkey involves a series of complex legal procedures that combine Turkish laws with international legal principles. Understanding these procedures in advance can significantly reduce stress during an already difficult time.
It’s strongly recommended to consult with a qualified Turkish lawyer experienced in international inheritance cases to ensure all legal requirements are properly met. This is particularly important for foreigners who own property in Turkey or have significant assets in the country.
Soylu Law Firm
Soylu Law Firm is an Istanbul-based legal office specializing in international inheritance law, while collaborating with attorneys in tourist destinations such as Antalya, Muğla, and Aydın.
We provide comprehensive legal support to heirs of foreign citizens who have passed away in Turkey. We are known for our consultancy services in apostille procedures and legal guidance for clients from various countries.
Our firm guides foreign clients through inheritance litigation in Turkish courts, procedures for obtaining certificates of inheritance, and navigating tax obligations.
We take pride in our expertise in multinational inheritance law and international document certifications, standing by our clients during difficult times.
For more assistance or consultation on this matter, you can contact us.
When a Foreigner Dies in Turkey
