When a person dies leaving behind real estate in Turkey, their property is subject to Turkish inheritance law. This applies whether the deceased was a Turkish citizen or a foreign national who owned property in Turkey. At ER&GUN&ER, our English Speaking Turkish Lawyers help foreign heirs navigate the probate system and legally transfer property through court and land registry procedures. This guide provides a full overview of property inheritance laws in Turkey and what steps heirs must follow to claim their rightful share.
What Law Applies to Property Inheritance in Turkey?
Under Turkish Private International Law (Law No. 5718) and the Civil Code, immovable assets (such as real estate) located in Turkey are governed by Turkish law regardless of the deceased’s nationality. This means inheritance procedures and share distribution will follow Turkish succession law.
Legal Heirs and Inheritance Share Percentages
- If the deceased has a spouse and children → spouse gets 1/4, children split 3/4
- If no children → spouse gets 1/2, parents or siblings share the rest
- If no relatives exist → entire estate goes to spouse or the Turkish Treasury
Heirs may vary depending on whether a will exists. We assess both legal succession and testamentary scenarios case-by-case.
Certificate of Inheritance (Veraset İlamı)
The first legal step is obtaining a certificate of inheritance from a Turkish notary or Civil Peace Court (Sulh Hukuk Mahkemesi). This document identifies who the legal heirs are. Foreign heirs must submit translated and apostilled death certificates and kinship documents to apply.
Title Deed Transfer to Heirs (Tapu İntikali)
Once the certificate is issued and inheritance tax is paid, we apply to the Land Registry Office to officially transfer the title deed into the heirs’ names. After transfer, the property can be sold, rented, or gifted.
Inheritance Tax in Turkey
Inheritance in Turkey is subject to Inheritance and Transfer Tax (Veraset ve İntikal Vergisi). Tax rates vary between 1% and 30% depending on the value of the estate and the heir’s relationship to the deceased:
- Spouse and children: 1–10%
- Parents and siblings: 3–15%
- Other relatives or unrelated persons: 10–30%
Payment is usually made in two installments. Double taxation treaties may apply, and our firm assists in optimizing liability.
Can Foreigners Inherit Property in Turkey?
Yes. Foreign nationals can legally inherit property in Turkey as long as their home country has a reciprocity agreement with Turkey. We verify this before filing. Most EU countries, the UK, USA, Canada, and GCC countries are eligible.
Can a Lawyer Represent Heirs Through POA?
Yes. Foreign heirs can issue a Power of Attorney to a Turkish lawyer, allowing them to:
- Obtain the inheritance certificate
- File inheritance tax declarations
- Transfer the title deed (Tapu)
- Sell or manage the inherited property
This is ideal for heirs who cannot travel to Turkey.
Disputes and Contested Inheritance Cases
- Disagreements over shares
- Validity of a will
- Unlawful exclusion of an heir
- Claims of undue influence
We represent foreign heirs in Turkish courts for inheritance lawsuits, will challenges, and asset recovery.
Examples from Our Cases
- 🇨🇭 Swiss heir received inheritance from Bodrum property—full POA process handled remotely
- 🇬🇧 UK siblings inherited land in Antalya—Tapu transferred after removing encumbrances
- 🇺🇸 U.S. citizen disputed will—court ruled in favor after proving coercion
Frequently Asked Questions (FAQs)
- Can I inherit property in Turkey without being a resident? Yes. Residency is not required—only legal eligibility.
- Do I have to pay inheritance tax immediately? Within 4–6 months depending on country of death. Extensions available for complex cases.
- What happens if the property has a mortgage? The mortgage is inherited unless the inheritance is formally rejected.
- Can I reject the inheritance? Yes. You must file a rejection at the Civil Court within 3 months of learning about the death.
- Can I sell the property immediately after inheritance? Yes. Once Tapu is transferred, you may sell the property. Capital gains tax may apply.
- Do I need to go to court even if there is no dispute? No. Uncontested inheritance can be handled via notary + Land Registry filings.
- Do I need to translate my foreign documents? Yes. All documents must be officially translated into Turkish and notarized.
- Can multiple heirs be represented by the same lawyer? Yes—if no conflict exists. Otherwise, each heir should appoint their own lawyer.
- Can I inherit if the will was made abroad? Yes—if formally valid and legalized via apostille or consulate.
Conclusion: Protect Your Inheritance with Professional Guidance
Property inheritance in Turkey is governed by clear legal principles—but foreign heirs must carefully follow each step to avoid loss or delay. At ER&GUN&ER, our English Speaking Turkish Lawyers provide end-to-end legal support for certificate filing, title deed transfer, tax registration, and contested cases. Contact the Best Lawyer in Turkey today to secure your inheritance rights professionally and efficiently.