Getting Probate after a Death in TRNC

[PapaBravo]

I am aware that this is a very delicate subject, so I would be extremely grateful for any information provided regarding getting Probate for someone who dies in the TRNC. The points below (which are in no particular order) spring to mind, but I would welcome any information and advice from people who have gone through this process.

1. To whom do you have to report the death to initially?
2. Where do you go to record the death?
3. How do you get copies of the Death Certificate and are these valid in the UK?
4. Where do you go to begin the process of getting Probate?
5. Does the Executor (if living in the UK) need to remain in theTRNC for a stated period of time?
6. Do you have to involve a solicitor, and if so, is it expensive?
7. Copies of the Will are kept in the Court in Girne - is it difficult to get hold of them?
8. How do you get the money from the bank accounts of the deceased and are there likely to be problems 'freeing up' this money?
9. Are there any taxes involved?
10. On average, how long does the process take?

As I said, I would be very grateful for any information and experiences on this subject, and I am sure there are many people here in TRNC who would benefit from the information.

Thanks in anticipation,

PapaBravo

[aussiejock]

This is a very interesting post, because it effects both my wife and myself, we are at the age where illness can hit at anytime, and to find out how the system works would be invaluable.

Robert

[waddo]

If you have not already read this then please go to: http://www.brstrnc.com/index.php/lifestyle/willsprobate as well as: http://www.brstrnc.com/index.php/lifest ... do-in-trnc

They are both handy bits of information as a start point.

[aussiejock]

Thanks waddo have copied both and will print out and keep in a safe place.

Robert

[PapaBravo]

Thanks Waddo, that is useful. Am still hoping that someone will post with first hand experience , as this is the most valuable.

[sophie]

Nothing like as complicated as the original post as we have our will done and dusted. However I'm trying to save myself a bit of money by not having to check this out with an Advocate!! Question; Since preparing our wills we have both changed our Passports i.e. numbers are different plus Belediye changed the name of the road about 5 years ago, so that is different from the wills. Do you think we have to go through the whole palaver again?

[mrsgee]

Hi Papabravo, having gone the the process recently I will help as much as I can with the process..

1. Assuming the death took place in hospital, not at home, which may be a little different. The doctor that pronounced the person dead will issue a certificate, in triplicate if I remember right, or it may have been duplicate. Anyway, this is not the death certificate. You need to get registration of death forms from the Kaymakamlik (I think that is how it is spelt. You can get them from any district office, but, when all the forms are completed and signed (I will cover that procedure later), you need to return them to the Kaymakamlik of the district that the hospital is in where the death occurred. For example, if a person lives in Girne, but died in Lefkosa, you need to register the death in the Lefkosa Kaymakamlik and they will then issue the formal death certificate. The answer to questions 2 and 3. is the Kaymakamlik. You can request additional copies and they will do them in English. Yes they are valid in UK. I don't want to lose this post so will continue with another one......

[mrsgee]

Although we assumed that getting probate would not need a Solicitor (or advocate) as all the forms, etc are in Turkish, it is simpler to go through them. The cost was a little over £900, some of which is a tax that is based on the value of assets. I believe it was 1%. I don't have first hand knowledge of the requirements for an executor to remain here for a specific length of time. I was executor but live here. It takes a while to get probate, we have been quoted 3 months, but I have heard of others taking longer, but that may be due to more complicated wills. Question 6 is covered in this answer, although if the Solicitor has been named as executor this can be very expensive. To be continued....

[mrsgee]

7. It is not difficult as such to get copies of the will, provided you have the receipt with the reference number on, so they can locate it. Have to say though, Filiz, the lady who deals with wills may have been having a bad day.....it took us three visits, we had to put in writing the request for wills, she was not happy that the requests were not in Turkish but did accept them, I think as our advocate was with us. This is where you find that it is easier if you have someone with you, either an advocate or a Turkish speaking friend. 8. if the bank accounts are in joint names with either to sign, getting the money out is simple as the surviving account holder can simply withdraw. If the account is in the name of the deceased, then that will have to be dealt with through probate and the will. Inheritance Tax becomes payable if the total estate adds up to 300,000 euros. Also to consider is if the person had a car, as this also has to be dealt with as part of assets. I think I may have covered 9. and 10 already.

[mrsgee]

Oh, and the forms to complete to register the death are in Turkish and the process can be a bit complicated if you don't have a Turkish or Cypriot friend to help out, which thankfully we did. We were given three copies of the form. All the details have to be completed, then you have to get the doctor who pronounced the death and who issued the first certificate, so sign it, and stamp it with the hospital stamp (I am assuming the death was in hospital). You then have to get the Muhtar to sign. This is not the Muhtar from where you live, necessarily, but the one from the same district as the hospital. Once you have done all that, you take the forms to the Kaymakamlik and they issue the death certificate. This is where we were fortunate to have a Cypriot friend to guide us through. He knew where to go in the hospital, where the muhtars office in Lefkosa was, and where the Kaymakamlik. I hope that this helps you, but one final thing, I have to say, the help from the BRS Cemetry Committee was invaluable. They explain everything, i.e. getting the body released, etc, they arrange the funeral, they do everything. The cost was £1,000 for everything, the burial, transporting the coffin, the plot, everything. They have an unenviable job as they attend the mortuary too. Not pleasant. They were a godsend. Hope that this has gone someway to help.

[PapaBravo]

Thank you so much mrsgee for such a detailed response. I will read it again later to digest all the information you have given.

I, and I am sure many others, will find this very useful.

Regards,

PB

[aussiejock]

Great post mrsgee thanks for all the info, it seems so complicated, so the BRS Cemetery Committee was invaluable, that's good to know, because it would be very difficult to manage this on your own.

Robert

[johnny1]

Mrsgee you are a kind person,taking your time to reply and answer peoples questions
may i ask where can the BRS Cemetry Committee be found? thanks

[mrsgee]

Johnny 1. if you look on the BRS website for TRNC you can find the information you need, under the heading 'living here' and then Deaths, who to contact. It is most informative. It is at times such as the passing of someone close that you really do need all the support you can get. Having been through the process recently for a friend, I felt that sharing the experience might help some. It can be a very daunting time, but, there is always someone who will help. The website is www. brstrnc.com

[MVP]

My wife died in the UK in 2015. Our TRNC will was very simple, all there was was our house, her half being left to me.
I was very lucky to get hold of a retired gentleman( who previously worked in the land registry I think, and knows everyone !) who did all the legal work for me in a very efficient and timely manner, and for a lot less than a solicitor would charge.
The number of trips back and forth between different offices in Girne and Lefkosa was a lot, If I had tried to do it on my own I'm certain I would still be at it, and I was certainly in no state to even attempt it at the time. In the end it cost me a tiny amount of tax or transfer fees (I can't remember which)

[PapaBravo]

I was very lucky to get hold of a retired gentleman( who previously worked in the land registry I think, and knows everyone !) who did all the legal work for me

Would this gentleman be prepared to do it again for a fee?

[MVP]

I'm sure he would. His English is not good (i had a good London Cyp friend help)
I will dig out his phone number and PM you if you're interested.

[PapaBravo]

I'm sure he would. His English is not good (i had a good London Cyp friend help)
I will dig out his phone number and PM you if you're interested.

Yes please.