If you are a foreigner who owns property or has family ties in Turkey, it is crucial to understand how inheritance law in Turkey works. This guide explains the legal steps for inheriting property in Turkey, how succession is regulated, and what documents and taxes are involved.
Can Foreigners Inherit Property in Turkey?
Yes. According to Turkish law, foreign nationals can inherit property in Turkey. However, reciprocity between Turkey and the foreigner's home country may affect this right. Most EU countries, the U.S., and many others have no restriction.
Applicable Law: Turkish Civil Code
Inheritance matters in Turkey are regulated by the Turkish Civil Code (Law No. 4721). The general rule is that the law of the deceased's nationality applies to movable assets, while Turkish law applies to immovable property (real estate) located in Turkey.
Legal Heirs in Turkey
- Spouse and children (primary heirs)
- Parents and siblings (if no children exist)
- Government (as last resort, if no relatives or will exists)
Wills and Testamentary Inheritance
A will must comply with Turkish legal standards to be valid in Turkey. It can be:
- Official will: Prepared and notarized in Turkey
- Holographic will: Handwritten and signed by the testator
- Foreign will: Valid only if notarized and apostilled, with a Turkish translation
Inheritance Procedure in Turkey: Step-by-Step
- Step 1: Obtain a Certificate of Inheritance (Veraset İlamı) from the Turkish Civil Court of Peace
- Step 2: Present the inheritance certificate to the Land Registry for title transfer
- Step 3: Pay any applicable inheritance and transfer taxes
- Step 4: Complete title deed procedures and registration in the new heir’s name
Inheritance Tax in Turkey
Tax rates vary from 1% to 10% depending on the value of the estate and degree of relationship. Foreigners are subject to the same rates as Turkish citizens.
Can You Refuse an Inheritance?
Yes. If the estate has debts, heirs can reject the inheritance by submitting a disclaimer within 3 months of learning of the inheritance.
Recognition of Foreign Court Decisions
If a will was probated abroad, it must go through the recognition (tanıma) and sometimes enforcement (tenfiz) process in Turkish courts to be valid for use in Turkey.
Frequently Asked Questions (FAQs)
- Can I inherit real estate in Turkey as a foreigner? Yes, as long as your country has reciprocal inheritance rights with Turkey.
- Is it necessary to obtain a certificate of inheritance in Turkey? Yes. This legal document is required to transfer ownership of assets.
- What happens if the deceased has no will? Turkish Civil Code applies, and the estate is divided among legal heirs according to statutory shares.
- Can a will from my home country be used in Turkey? Possibly, but it must be notarized, apostilled, translated, and approved via court recognition.
- How long does the inheritance process take? 2–6 months, depending on the case complexity and court timelines.
- What documents are required for inheritance? Death certificate, ID/passport of heirs, property documents, and inheritance certificate.
- Can I sell inherited property immediately? Yes, once the title transfer is completed and tax is paid.
- Do I need a lawyer? Not mandatory, but highly recommended to avoid legal and bureaucratic issues—especially for cross-border inheritance.
At ER&GUN&ER Law Firm, we guide foreign clients through the entire inheritance process in Turkey—from will validation and court procedures to title transfer and tax settlement.
Read our related article: Inheritance Rights for Foreigners in Turkey