Do I need a will? U.S. and Turkey rules for families in both countries

What a will does

• It names who receives your property, instead of the order set by state law.
• It names an executor to manage the estate.
• It lets a surviving parent appoint a guardian of the person for minor children. Under Texas Estates Code 1104.053, the court appoints that person in preference to others unless the person is disqualified, has died, refuses to serve or would not serve the children's interests.
• It puts your instructions in writing for the people who will have to carry them out.

What happens without a will in Texas

Texas intestacy rules (Estates Code chapter 201) decide who inherits. Three examples show why the result can surprise families:

• Separate property, with children: the surviving spouse takes one-third of the personal property and a life estate in one-third of the land; the rest goes to the children (201.002(b)).
• Community property: it passes to the surviving spouse only if all of the deceased's children are also the surviving spouse's children. If the deceased had a child from another relationship, the deceased's half of the community estate goes to the children (201.003).
• No spouse: the estate goes to the children and their descendants; if there are none, to the parents and siblings (201.001).

What a will does not control

Texas Estates Code 111.052 confirms that pay-on-death provisions in insurance policies, retirement accounts, pension plans, accounts with financial institutions and similar written instruments are valid outside the will. The beneficiary named on such an account usually receives it, whatever the will says.

Review beneficiary designations, joint accounts and deeds together with the will, so the documents point the same way.

Making a valid will in Texas

Other states have their own rules. If you live in New York or New Jersey, or own land in another state, check the law of that state as well.

• Capacity: of sound mind and 18 or older, or married or previously married, or serving in the U.S. armed forces (251.001).
• Form: in writing; signed by you, or by another person for you in your presence and at your direction; and attested by two or more credible witnesses aged 14 or older who sign in your presence (251.051).
• Handwritten will: a will written wholly in your handwriting does not need witnesses (251.052).
• Self-proved will: with a self-proving affidavit, the will can be admitted to probate without testimony from the witnesses (251.102).
• Probate deadline: a will generally may not be admitted to probate after the fourth anniversary of death, with limited exceptions (256.003).

If you have property or family in Turkey

Turkish law applies to immovable property in Turkey, whatever the owner's nationality (Law No. 5718, Article 20(1)). Other assets follow the deceased's national law.

A will is valid as to form if it follows the law of the place where it was made, the law that governs its substance, or the deceased's national law (Articles 7 and 20(4)). A will signed in Texas in the Texas form can therefore be valid as to form in Turkey. Capacity is judged by the person's national law at the time the will was made (Article 20(5)).

Compulsory shares (saklı pay) still apply to whatever Turkish law governs. Under the Turkish Civil Code (Article 506), descendants keep half of their intestate share, each parent a quarter, and a surviving spouse the full intestate share when inheriting with descendants or parents, otherwise three-quarters. A will can dispose freely only of the rest (Article 505).

Turkish law recognizes three forms of will (Article 531): official, made by a notary, a justice of the peace or another authorized official with two witnesses (Article 532); handwritten, written entirely by hand, dated with year, month and day, and signed (Article 538); and oral, which is only for extraordinary situations such as imminent danger of death (Article 539). Anyone aged 15 or older with the capacity to understand may make a will under Turkish law (Article 502).

Documents used in Turkey usually need an apostille and a sworn Turkish translation. How a U.S. will is used in Turkey is Turkish law, reviewed with the firm's lawyers licensed in Turkey (Istanbul Bar); the U.S. will itself is handled by the firm's U.S.-licensed attorneys.

When to review a will

• Marriage, divorce or remarriage.
• The birth or adoption of a child.
• The death of a beneficiary, an executor or a named guardian.
• A move to another state or country.
• Buying property in another country, including Turkey.
• Changing the beneficiaries on insurance or retirement accounts.

One will or two?

Families with property in both countries often ask whether to have one will or a separate will for each country. There is no single answer: it depends on where the assets are, which law governs them, and how each country's courts and registries will handle the document. Plan both sides together, so that one document does not undo or contradict the other.