eTurco; It is an organization created to solve the legal problems of our citizens abroad, as well as to solve the legal problems of our citizens abroad in Turkey. It has 51 branches in total, 20 of which are in various cities in Germany.
Thanks to the corporate structure created with the eTurco Office system; In order for our clients to reach us and to act together in the litigation process, transactions are carried out through fast and easy systems.
Heritage in Turkey and Germany
Our Activities on Inheritance Law
Issuing Certificate of Inheritance (Writ of Inheritance)
Taking the Necessary Actions for the Inheritance to Pass in Your Name
Transfer of Deeds to Your Name
Inheritance Lawsuits
Title Deed Cancellation Cases
Making a Will
Opening of the Will
Action for Cancellation of Will
Investigation of Inherited Property and Heritage (Deeds, Movable and Immovable Property, Money in Banks, etc.)
Arranging Inheritance Sharing Agreements
Preparing Reports on Inherited Properties (Determining the cost of remaining properties, issuing expertise reports)
Transfer of Inherited Immovables (inheritance to the parties)
Sale of Inherited Properties and Legal Representation and Consultancy in this regard
Withdrawal of Remaining Money in the Bank
Payment of Inheritance Taxes
Lawsuits Regarding Missing Inheritance
Litigation in Case of Transfer of Property to Others by Fraudulent Sales in order to Smuggle Property from Other Heirs in the Health of the Legator (Muris collusion and deed cancellation registration cases)
Actions for Annulment for Heirs whose Hidden Shares Have Been Violated
Equalization Cases
Turkey and Germany Inheritance Transactions and Inheritance Certificate
With the death of a person, the rights to assets, including his receivables and debts, do not expire, and it is necessary to determine who will inherit this asset. The official document that determines the heirs left behind after the death of the person is the heirship document. In the inheritance document, not only the appointed or legal heir who requested it, but all heirs are shown with their inheritance shares. The heirs themselves or through their lawyers can apply to the magistrates’ courts or notaries and request a document showing the title of heir. However, if there are non-Turkish citizens or dual citizens among the heirs, notaries cannot issue a certificate of inheritance. In this case, it is necessary to apply to the civil courts of peace. There is no limitation in the law in terms of the competent court.
In order to make the process faster in requests for a certificate of inheritance containing foreignness, an application is made to the Magistrate’s Court at the last residence address of the deceased in Turkey or the place where the estate properties are located. It is sufficient for a single heir to apply to the court, it is not necessary for all heirs to act together. In Germany, the situation is the opposite. Applications of all heirs or their representatives are sought for applications for a certificate of inheritance in Germany. Sometimes the problem may arise that spouses and children who are not registered with the Turkish or German population do not appear on the inheritance documents received. These persons must prove their existence and title of heir with official documents such as birth certificate, marriage certificate, family register printout and life certificate. Sometimes, if the divorced person dies without registering it in the Turkish registry, it may be possible to give an inheritance share to the ex-spouse in the inheritance certificate, as if he was still married to that person in Turkey. In order to rectify this situation, it is obligatory to file an enforcement action against the former spouse by the other heirs and finalize it.
Not only the legal heirs, but also the appointed heirs and the people who have bequeathed in their favor can request the inheritance certificate. In this case, the will must first be opened by the court. At the end of this lawsuit, it is decided to open a will and a certificate of inheritance is given to the person who is appointed as an heir or to whom the will is made. However, there may be an heir or a testator who objects to the will, files an action for annulment. If these persons do not file an action for the annulment or criticism of the will within one year, the effect of the objection is lifted and the heir will be given a certificate of inheritance. Since the certificate of inheritance is in the nature of proof that can be proven otherwise, its invalidity can always be claimed. But this time, the burden of proving that the owner of the document is not an heir is on the heirs who make the claim.
In some cases, although there is a will left abroad, it is possible to apply for a testamentary certificate in Turkey as if this will does not exist. In this case, it may be possible to transfer the immovables with the wrong inheritance certificate. In this respect, when this person has assets in Turkey, his wills should also be opened in Turkey or an application should be made for the Turkish Courts to have the foreign court’s decisions regarding the opening of the will.
The submission of the inheritance certificate is required by the official authorities in many transactions in Germany and Turkey. For example, when an application is made to the Land Registry Directorate for the transfer of immovable property left by a person or to the court or enforcement office for the collection of a receivable, the submission of the heirship document is absolutely required in the requests from the bank where the money and valuable papers of the deceased are to be delivered to the heirs, and in the payment of the widow and orphan’s pension by the Social Security Institution.
Heritage in Germany
We provide you with legal support to obtain a certificate of inheritance in Germany, will cases in Germany, reserved shares in Germany, court notifications from Germany, and to reach your inheritance rights in Germany. You can use our contact addresses for preliminary information on this subject. . In this context, you can reach us at the point of transfer and sale of real estate in Germany to heirs, researching bank accounts and transferring bank accounts to Turkey.
You can click here to reach our offices and get detailed information
