Inheritance Processing in Northern Cyprus

How Is Inheritance Processed in Northern Cyprus?

• Who is entitled to inheritance?
• Step-by-step procedure (Probate)
• Timeframes and potential delays
• Specifics: “Reserved Portion” and foreigners

The inheritance process in the Turkish Republic of Northern Cyprus (TRNC) is strictly a judicial procedure, governed by local legislation (Chapter 189 “On Inheritance and Succession”). Foreign citizens have the same property rights as local residents. Inheritance can be processed either through a will (which simplifies the procedure significantly) or, in the absence of a will, according to law.

Who is entitled to inheritance?

Heirs can be individuals named in a will or legal relatives of the deceased. The TRNC judicial system requires the appointment of a responsible person to manage the estate (Tereke) during the proceedings:

• Executor. Appointed if the deceased left a will specifying a trusted person.
• Administrator. Appointed by the court if there is no will. Usually, this is one of the closest relatives.

Step-by-step procedure (Probate)

The inheritance procedure is divided into clear stages necessary for the legal transfer of property rights:

1. Opening the estate case. Submission of an application to the District Court in the location of the main part of the estate.
2. Collection and submission of documents. The court is provided with a complete package:
   • Death certificate (original);
   • Documents proving relationship (birth and marriage certificates);
   • Original will (if available);
   • Complete list of assets (property titles, bank statements);
   • Passports of heirs.
3. Appointment of a manager. The court officially approves the Executor or Administrator, granting them authority to act on behalf of the estate.
4. Publication in the press.

   It is mandatory to publish a notice in the official state gazette “Resmi Gazete” so that potential creditors or unknown heirs can claim their rights.

5. Financial clearance and registration. After any debts of the deceased are settled and taxes paid, the court issues an order for asset distribution. Only then are the titles re-registered in the Land Registry.

Timeframes and potential delays

Under standard conditions, with all documents in order and no disputes between relatives, the procedure takes 4 to 8 months.

Factors that may delay the process:

• Missing original property titles;
• Legal disputes between heirs;
• Outstanding debts or encumbrances on the property;
• Need to request documents from abroad;
• Absence of a previously prepared will.

Specifics: “Reserved Portion” and foreigners

When planning inheritance, it is important to consider the legal specifics of the TRNC:

• Foreign citizens. The procedure for non-residents is identical but often requires translation and legalization of a large volume of documents from their home country.
• “Reserved Portion.” The law provides for a mandatory portion of the inheritance. Even with a will, certain close relatives (children) may be entitled to a share of the estate (1/3), which cannot be fully transferred to third parties.

DeJure Consulting provides full support: from document collection and court representation to the final handover of keys and re-registration of titles in the heirs’ names.

Elvina Sabirova

Licensed Lawyer

Phone

+905391190555

Email

[email protected]

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