Turkey’s legal framework allows foreign nationals to inherit property and assets located within its borders, but this process involves a combination of Turkish inheritance law and international private law rules. Understanding inheritance rights for foreigners in Turkey is essential for expats, investors, and individuals with Turkish property holdings. In this article, we outline key concepts such as testamentary freedom, forced heirship, probate, and legal procedures to help you navigate this complex area.
Can Foreigners Inherit Property in Turkey?
Yes. Foreigners can legally inherit property in Turkey under the principle of reciprocity. However, inheritance laws in Turkey may override foreign wills in some cases—particularly regarding immovable property located in Turkey. Turkish courts apply Turkish inheritance rules to real estate situated within the country, even if the deceased was a foreign national.
Applicable Law for Inheritance in Turkey
Inheritance cases involving foreigners are governed by Turkish International Private and Procedural Law (Law No. 5718). The applicable law for movable assets (such as bank accounts or vehicles) is typically the law of the deceased's nationality. In contrast, immovable property (real estate) is subject to Turkish law, regardless of nationality.
Forced Heirship Rules in Turkey
Turkish inheritance law restricts the freedom to dispose of assets in a will due to forced heirship provisions. This means certain close relatives—such as children, spouses, and parents—are legally entitled to a fixed portion of the estate, regardless of the will's content.
These legal shares include:
- Children: 50% of their statutory share
- Spouse: Ranges from 1/4 to 1/2 depending on other heirs
- Parents: If no spouse or children exist, 50% of their statutory share
Inheritance Process and Required Documents
To begin the inheritance process in Turkey, heirs must apply for a certificate of inheritance (veraset ilamı) through a civil court or notary. Foreign documents must be apostilled and translated into Turkish by a sworn translator. Key documents include:
- Death certificate
- Passport and ID of the heir(s)
- Will (if applicable)
- Property title deed (TAPU)
Inheritance Tax for Foreigners
Inheritance tax in Turkey applies to both residents and non-residents inheriting property in Turkey. The tax rate ranges from 1% to 30%, depending on the value of the inheritance and the degree of kinship. The tax must be declared within four months if the deceased lived abroad and within one month if they lived in Turkey.
Registering a Will in Turkey
Foreigners can draft and register a will in Turkey before a notary public. Doing so helps ensure that their wishes are respected—especially for movable property. However, the will must comply with Turkish laws and forced heirship rules. Legal guidance is recommended to avoid conflicts and ensure validity.
How ER&GUN&ER Law Firm Can Help
Our Turkish Law Firm assists foreigners and expats with all legal aspects of inheritance in Turkey. Whether you're claiming your inheritance, contesting a will, or planning your estate, our experienced Turkish lawyers and English-speaking legal advisors will guide you every step of the way.
For tailored legal advice on inheritance matters, contact Istanbul Lawyer Firm today.
Read our previous article: Buying Property in Turkey