An heir living abroad can have much of the estate work in Türkiye followed through a suitably drawn power of attorney. To do this, first determine which steps are needed: only researching assets, collecting bank money, registering title in the land registry, or selling and dividing? A document with general wording does not produce the same result in all of these steps. [1]
Which steps can be followed remotely?
Applications for a certificate of inheritance, correspondence with institutions, following the tax file, real estate and vehicle transactions, and conducting lawsuits can be handled through a representative. However, steps that are so personal that they cannot be delegated, and stages where the institution requires direct identity verification, are assessed separately. It is not possible to have a will drawn up abroad prepared as if it were an ordinary power-of-attorney transaction.
A remote follow-up plan starts with the name of the deceased and the date of death. The citizenship of each heir, whether any of them is a minor or under restricted legal capacity, and the known assets and debts are recorded. If there is a period for disclaiming the inheritance, or a lawsuit period that starts with service of a notice, these come first; sending the power of attorney by courier does not by itself suspend any legal time limit. [2]
Consular power of attorney and power of attorney before a foreign notary: the difference
A power of attorney drawn up at a Turkish consulate
A power of attorney drawn up under the notarial services of a Turkish consulate can be used in Türkiye. Before the appointment, identity details, the attorney-in-fact's details, and the property or vehicle information required for the transaction are prepared. The documents the consulate requires for the specific transaction are confirmed. Rather than copying a sample that someone else has used word for word, the text of the power of attorney should be checked in advance against the task to be carried out. [3]
A power of attorney drawn up before a foreign authority
The authority of the body that drew up the foreign notarial document, the form of signature or execution, the apostille or other method of certification, and the Turkish translation are examined. An apostille does not apply in the same way in every country and to every type of document; the contractual relationship and any exemptions from certification must be examined separately. Land registry transactions may have special acceptance requirements, such as those for photographs and the method of execution. Certification does not complete a missing power of sale. [4] [5]
Which powers must be explicit in the power of attorney?
| Purpose | Power to check | Main risk |
|---|---|---|
| Gathering information and documents | Institutional and certificate-of-inheritance applications | Refusal of the information request |
| Transfer of title in the land registry | Registration of the inherited property | Confusion with a sale |
| Sale of immovable property | Express power of sale | Unauthorized disposition |
| Collecting money from a bank | Account and collection powers | Payment to the wrong person |
| Partition and settlement | Special power suited to the nature of the transaction | Loss of rights that is hard to reverse |
| Litigation and appeals | Procedurally valid litigation power of attorney | Time-limit and representation defects |
Article 504 of Law No. 6098, Turkish Code of Obligations (TBK), and Article 74 of Law No. 6100 on Civil Procedure (HMK), regulate transactions that require special authority in different contexts. Holding a litigation power of attorney does not necessarily mean the holder has all the substantive-law powers, for example to sell immovable property or to divide an estate. The authority document must also be kept separate from the internal instructions between the attorney-in-fact and the principal. If broad powers are granted to third parties, the effect on those third parties of a breach of the internal instructions can also be a separate matter of dispute. [1] [4]
How are the sale price and the bank payment protected?
Having the payment made directly to the heir's own account, stating the transaction and property details in the payment description, and fixing the amount and currency in advance all make proof easier. If one heir collects the whole amount and then distributes it within the family, disputes may arise over accounting, underpayment and exchange-rate differences. A joint representative or a joint account cannot be set up on the assumption that the parties' interests are the same.
The payment instruction must state the recipient's name, the account holder, the IBAN or foreign account details, who bears the costs, and the conditions under which the sale will be completed. If collection into the attorney-in-fact's own account is requested, the basis for it and the method of accounting must be explicit. Documenting the collection and the heir's tax reporting in the foreign country are separate matters.
When the power of attorney ends and how it can be misused
A power of attorney given by the decedent during their lifetime is not a new authority document that can be used in the name of the heirs after death. TBK Article 513 sets out the effect of death on the power of attorney and its exceptions. It cannot be concluded that "the old power of attorney remains valid" without assessing the wording of the document, the nature of the task, and the knowledge of third parties. Where a representative must exercise the heirs' own rights, that representative's power must be established separately. [1]
When revocation is required, sending a message only to the attorney-in-fact is not enough; the relevant notary offices and institution records, pending applications and the position of third parties must be considered. Where unauthorized action is suspected, account statements, instructions, the contract, payment records and all pages of the power of attorney are preserved. The need for an interim injunction or a debt claim is examined without delay.
Application tracking and closing the file
For each application, the date, institution, registration number, missing documents and next step are tracked in a single schedule. While a foreign document is awaited, separate monitoring of refusal or lawsuit time limits is needed. Banks, the land registry, notaries and courts may each request different missing items independently; one institution's acceptance does not bind the others on every point.
At the close of the file, the heir receives a statement of the transactions carried out under the power of attorney, the payments made, the registration documents and the remaining tax obligations. The scope of the attorney's services, translation and certification costs, and official fees are shown separately. Which matters can be completed without travelling to Türkiye is determined only once the concrete documents have been reviewed; no single time commitment is given for all files.
Decide the scope of the transaction before preparing the power of attorney
Investigation, disposal and collection powers are regulated separately
A heir living abroad often asks for a power of attorney with the statement "handle all my estate matters in Türkiye." However, the authority that institutions expect depends on the transaction. Obtaining bank and land registry information, filing a tax return, selling a property, concluding a partition agreement, bringing a lawsuit and settling a dispute are not within the same scope. Under TBK Article 504, some transactions require special authority; for powers specific to litigation, HMK Article 74 is also taken into account. A general power to follow matters should not be interpreted as a power to transfer property or to waive a lawsuit. [1] [4]
At the outset, the draft power of attorney is compared against the document requirements of the institution where the transaction will be carried out. Identity details, former and current surnames, the foreign identity or passport number and, if any, the Turkish identification number must be consistent. For an immovable-property transaction, the photograph, the form of execution and the requirement for property details are checked against the relevant regulation and the specific transaction. Going back to a consulate or notary a second time to add a missing power may again incur certification and translation costs.
A power of attorney does not replace the decision on division
An heir who grants a power of representation does not thereby give up their share of the estate. Leaving a house to another heir, receiving a fixed sum in return, and releasing remaining rights are separate legal consequences. These must be expressly stated in the transaction instructions. Where one attorney represents several heirs whose interests conflict, or where the attorney sells to themselves, the conflict of representation is specifically assessed; a general family consent is not sufficient security. In any transaction that may cause loss of rights, it must be recorded in writing who accepts which economic consequence.
How are the consular and foreign notary routes compared?
A notarial act at a Turkish consulate is subject to appointment conditions that depend on the authorized representative office and the type of transaction. The fact that the document will be used in a transaction in Türkiye, and the work to be done, must be notified before the appointment. The need for an interpreter for a person who does not understand the language must be resolved through the method accepted by the representative office. It should not be assumed that every foreign citizen can carry out every consular transaction on the same terms; citizenship, document and authority reviews are carried out according to the representative office's current announcements. [3]
On the foreign notary route, the scope of the document drawn up matters as much as the notary's identity and authority. An apostille confirms the signature and official capacity on the document; it does not add the special authority that Turkish law requires. Cases where the Apostille Convention does not apply, or where another agreement provides an exemption from certification, are examined separately. The translation, annexes and certification pages must not be separated from one another. Sending only a scanned signature page may not satisfy an institution's request for the original or a certified copy. [4]
Safeguards that can be applied to the sale and the collection
Into which account should the sale price be paid?
The power to sell and the instruction to accept the price into the attorney's account should be assessed separately; wherever possible, payment should be directed to the verified account of the person entitled to it. If the attorney must collect the money, the legal authority, the purpose for which the money is held, the transfer period, the expenses that may be set off, and the account documentation must be made clear. The duty to account for and hand over what has been received under TBK Article 508 is one of the basic safeguards of the agency relationship. This obligation requires documentation of the source of the sale price and of its subsequent movements. [1]
Where there is a risk of a fraudulent payment instruction, an email address or a bank account given in a message alone should not be regarded as sufficient. The account holder's name and any change of account must be confirmed through a separately agreed channel of communication. If the bank account does not belong to the heir, the reason and the legal basis are recorded. This check protects the heir's right and any account statement that may later be required; it does not replace the bank's compliance review.
Advances on costs and sale proceeds are accounted for separately
Advances given for translation, certification, court costs and tax must not be merged with the proceeds of the sale into a single unclear balance. Payments made are matched against their receipts. A lawyer's fee agreement is not a schedule of official taxes and fees. If the scope of the transaction changes, additional work and expenses are shown separately. At closing, the initial advance, the collections, the documented expenses and the balance returned should be reconciled.
How the end of the power of attorney is reflected to institutions
The end of the power of attorney and the institution's learning of it may fall on different dates. When authority is revoked or restricted, sending a message only to the attorney-in-fact is not sufficient; the institutions that might act on the power must be informed, and the status of document copies must be considered. The termination provisions of TBK Article 512 and those that follow are examined together with the effect of the power of representation on third parties. Where there is an urgent risk of transfer, the concrete need for legal protection is assessed rather than waiting only for a revocation document to be drawn up. [1]
The assumption that a power of attorney given by the decedent during their lifetime authorizes action in the heirs' name after death is also wrong. The effect of death on the contractual and representation relationship, the exceptions, and any necessary urgent acts are assessed separately. Even where the deceased's former attorney and the heirs' new attorney are the same person, the source of authority and the persons represented must be expressly renewed.
Which reports should be requested in remote file management?
An effective follow-up report contains the institution applied to, the application date and number, the outcome sought, missing documents, the expected reply and the next deadline. The statement "proceedings are ongoing" is not sufficient, because it does not show which step is awaited. A certificate of inheritance, a tax procedure, a land registry or bank transfer, and the transfer of money should be tracked as separate matters. Waiting for a reply from an institution does not by itself suspend any other statutory period.
In a hypothetical example, an heir living in France has asked for the sale of the apartment in Türkiye but has granted only the power to follow a lawsuit. A new and appropriate power is needed for the sale; the scope of the earlier power of attorney cannot be extended without limit by interpretation. When a new document is obtained, separate instructions on the buyer, the minimum acceptable price and the payment account remove not only the formal defect but also the economic uncertainty. The minimum-price instruction in this example is not a mandatory element of every power of attorney; it is a contractual control tool that can be used for the specific task.
Conclusion
In remote estate follow-up, what matters is not the length of the document but whether the authority fits the transaction to be carried out. Correct certification, a clear payment instruction, orderly records and post-transaction checks make the legal effect of the representation traceable.
Related articles: Inheritance Transfer in Türkiye for Foreigners and Non-Residents: Documents, Procedures and Outcomes; How a Foreign Heir Obtains a Certificate of Inheritance in Türkiye: Documents and the Court Process.
Frequently Asked Questions
Is it enough to give a power of attorney to my sibling?
This may be possible depending on the nature of the transaction; rules for litigation follow-up and professional representation apply separately. A family relationship does not remedy the lack of a specific power.
Is a power of attorney with an apostille always accepted?
No. Apart from certification, the content, form, photograph, translation and scope of representation are also examined.
Must each heir give a separate power of attorney?
The person in whose name the transaction is carried out must hold a valid power of representation. One heir's power of attorney does not automatically cover the other heirs.
Does granting a power of attorney amount to accepting the inheritance?
Not every power of attorney is assessed that way on its own. The effect of the transaction carried out under the power of attorney on any interference with the estate and on the right to disclaim the inheritance is examined separately.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations (6098 sayılı Türk Borçlar Kanunu)
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medeni Kanunu)
- Ministry of Foreign Affairs: Consular Procedures, Notarial Services and Powers of Attorney, FAQ (Dışişleri Bakanlığı Konsolosluk İşlemleri, noterlik ve vekâlet SSS)
- Law No. 6100 on Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu)
- Law No. 2644, Land Registry Law (2644 sayılı Tapu Kanunu)
Legislation and content update date: October 13, 2026. Access and review records for the decisions are shown separately in the source file.