Using a Power of Attorney for Inheritance Proceedings in Türkiye While Abroad

A foreign heir does not need to travel to Türkiye to handle most stages of an inheritance file, provided a power of attorney is drafted with the specific authority needed for each step, such as obtaining an inheritance certificate, registering title to inherited property, or representing the heir in a partition or contested inheritance case. Generic or overly narrow wording is the most common cause of delay for heirs relying on a representative from abroad.

When a person with assets in Türkiye dies, the heirs, who are often based abroad, typically need a Turkish inheritance certificate, transfer or partition of any real estate and bank assets, and sometimes representation in a dispute among co-heirs or with a claimed creditor of the estate. Handling all of this in person is often impractical for foreign heirs, making a properly scoped power of attorney the standard solution, but the document must anticipate each specific step the representative will need to take.

The mandate provisions of the Code of Obligations govern the relationship between the heir and their representative, while the inheritance provisions of the Turkish Civil Code govern the underlying substantive steps, including obtaining the inheritance certificate, the rules on statutory and forced heirship shares, and the partition of estate assets among heirs. A power of attorney for inheritance matters typically needs to authorise the representative to request the inheritance certificate, to act before the land registry for any inherited real estate, and, where relevant, to represent the heir in related court proceedings.

Turkish notaries, courts and land registries generally require an inheritance-related power of attorney to specifically mention the authority to obtain an inheritance certificate, to accept or renounce an inheritance share, to register or transfer inherited real estate, and to represent the heir in litigation if a dispute over the estate arises, since these are treated as distinct powers rather than being implied by broad language. Courts examine the wording closely where an heir's participation in a partition or contested inheritance case is conducted entirely through a representative.

A frequently debated issue concerns whether a power of attorney can validly authorise a representative to accept or, more sensitively, renounce an inheritance share on the heir's behalf, given the significant and often irreversible consequences of renunciation; Turkish practice generally requires very clear and specific wording for this particular power, and many heirs choose to make this specific decision personally rather than delegate it. Another debated area concerns coordination between multiple heirs, each represented by different powers of attorney, particularly where the heirs are in different countries and time zones.

An heir intending to use a power of attorney for a Turkish inheritance file should identify at the outset whether the estate includes real estate, bank accounts, or business interests, whether any dispute among co-heirs or with third-party creditors is anticipated, and whether a renunciation decision needs to be made, since each of these affects the specific powers the document should contain.

Turkish law imposes a specific and relatively short time limit for renouncing an inheritance share, running from when the heir becomes aware of the death (or of their status as heir), after which the inheritance is generally deemed accepted. Because this deadline is short and significant, heirs considering renunciation should seek legal advice promptly rather than delaying the decision, regardless of whether they intend to act through a representative or in person.

Inheritance certificates in Türkiye can generally be obtained through a notary or, in certain circumstances, the civil courts of peace. Disputes among heirs, or with creditors of the estate, are heard by the competent civil courts. Registration of inherited real estate is handled by the relevant land registry directorate.

• death certificate, properly authenticated and translated if issued abroad;
• documents establishing the family relationship between the deceased and the heirs;
• a power of attorney specifically authorising the intended inheritance-related acts;
• identity documents of the heirs and the representative;
• records of the deceased's assets in Türkiye (property, bank accounts, business interests);
• any will or prior inheritance-related documents, where applicable.

A common mistake is using a general power of attorney that does not specifically mention the inheritance certificate, land registry transfer, or litigation authority actually needed, leading to rejection at a notary or land registry office. Another mistake is delaying the decision on whether to accept or renounce an inheritance share while relying solely on a representative to sort out the details, risking the expiry of the renunciation period. Heirs also sometimes assume a single power of attorney covering "all inheritance matters" will be treated as sufficiently specific by Turkish institutions, when more precise wording is often required.

Inheritance matters handled from abroad succeed or stall based on how precisely the power of attorney anticipates each step of the file, from the inheritance certificate through to any property transfer or dispute. We recommend that heirs identify the full scope of the estate and any anticipated disputes before finalising the power of attorney, and treat the renunciation deadline as a priority regardless of how the rest of the file is being handled.