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Can Foreigners Inherit Property in Turkey? Inheritance Rights Explained

Jul 7, 2024
6 min read

Updated: Oct 10

Can foreigners inherit property in Turkey? Yes, in most cases they can. Understanding inheritance law in Turkey matters for foreigners who own property or other assets in the country. Turkish inheritance rules differ from those in many other countries. Knowing your rights helps you protect your estate and your loved ones. This guide explains the basics in a clear and simple way.

Inheritance Rights in Turkey

1. Can foreigners inherit property in Turkey?

Do foreigners have inheritance rights in Turkey? Yes. Foreigners can inherit property and other assets in Turkey. The law does not treat foreign heirs as a separate class. However, the process may vary with the heir's nationality and the country they come from.

Key points

  • Foreigners can inherit land, houses and other assets. Some restrictions may apply to certain types of property, such as land in military or security zones.

  • Turkish law is likely to apply to property in Turkey. A foreign will does not always change that, so take advice (see below).

2. What law applies to foreigners in Turkey?

Turkish law

If a foreigner dies without a will, Turkish inheritance law is likely to apply to their assets in Turkey. Turkish law follows a forced heirship system. This means that fixed shares of the estate are reserved for certain close relatives.

Foreign law

Some foreigners ask whether they can choose the law of their home country. The rules on this are technical. They depend on the type of asset and on Turkish private international law. For land and buildings in Turkey, do not assume that a foreign will can override Turkish rules. A lawyer should check your case. Our guide on whether a UK will is valid in Turkey looks at this question.

3. Forced heirship rules in Turkey

Turkish law reserves a portion of the estate for specific heirs. People cannot normally leave this portion to someone else.

  • Children: each child is entitled to a reserved share of what they would inherit without a will.

  • Spouse: the spouse also has a reserved share. It depends on who else inherits alongside them.

  • Parents: where there are no children, parents may also have a reserved share.

The exact fractions depend on the family. Ask a lawyer to work them out for your situation. Our guides on beneficiaries under Turkish law and Turkish inheritance law explain the heirs in more detail.

Foreigners should be aware that this system can apply automatically. It applies unless the law allows something different in your case.

4. How can foreigners protect their inheritance wishes?

To help your assets pass as you wish, follow these steps.

Draft a will

  • A foreigner can make a will in Turkey or in their home country.

  • To avoid conflicts, consider registering the will with a Turkish notary or court.

  • Make sure the will is valid under the law of the country where it is made.

Think about where your assets are

If you own assets in more than one country, you may need more than one will, or one will that works across borders. Mistakes here can cause delay and cost for your family.

Seek legal advice

Inheritance law can be complex, especially for foreigners. Talk to a solicitor who knows Turkish inheritance law. This helps make sure your wishes are legally effective.

5. What taxes apply to inheritance in Turkey?

Inheritance in Turkey is subject to inheritance tax. It is calculated on the value of the assets received.

  • Rates: rates are progressive. They depend on the value of what each heir receives. Rates and thresholds are revised from time to time, so check the current figures with a tax adviser.

  • Exemptions: spouses and children often benefit from exemptions or lower tax. The details change each year.

  • Declaration: the heir must declare the inheritance to the tax office. The usual deadline is four months from the death if the heir lives in Turkey and six months if the heir lives abroad.

Because the deadlines are short, ask for advice as soon as you learn of a death.

6. Court proceedings and probate

When you inherit assets in Turkey, the legal process involves several steps.

Probate and the certificate of inheritance

  • A Turkish court issues a certificate of inheritance (called a veraset ilamı). It identifies the legal heirs.

  • Foreign heirs may need to provide documents from their home country, such as a death certificate with an apostille. These may need a Turkish translation.

Title deed transfer

  • For real estate, the title deed must be transferred into the heir's name at the Land Registry Office.

  • This needs the certificate of inheritance, and related fees and taxes must be paid.

7. Can inherited property carry risks?

Inheritance does not mean an asset is free of obligations. Foreigners who inherit property in Turkey should be aware of possible risks:

  • Debts: if the deceased had unpaid debts, heirs may take on those obligations along with the assets. Heirs can in some cases decline an estate. They must act within the legal time limit.

  • Shared ownership: if several heirs inherit one property, disputes may arise over its use or sale.

  • Taxes and fees: inheritance costs, such as taxes and legal fees, must be paid before the transfer is complete.

8. Special considerations for dual citizens

If you are a dual citizen of Turkey and another country, both countries' laws may affect your inheritance rights. It is important to take advice to understand how those laws interact.

9. Use professional advisers

Handling Turkish inheritance as a foreigner can be challenging. Experienced professionals make the process simpler:

  • Solicitors: to handle wills, probate and property transfers.

  • Tax advisers: to calculate inheritance tax and plan ahead.

The UK government publishes a list of lawyers in Turkey. It is a starting point, not a recommendation.

Inheriting real estate and bank accounts

Real estate in Turkey is immovable property. The Turkish Civil Code and the land registry rules govern how it passes to heirs. Once the heirs are confirmed, they apply to the Land Registry Office to register the property in their names. If several heirs inherit one property, they hold it together until they agree to sell it, divide it or buy each other out.

Bank accounts follow a different path. Banks usually freeze an account when they learn of a death. They release funds only when the heirs show a certificate of inheritance and the required tax papers. Foreign nationals who hold accounts in Turkey should keep a list of their banks and account numbers where their family can find it.

Using a power of attorney

Many foreign heirs live abroad and cannot travel to Turkey for every step. A power of attorney lets a lawyer or trusted person act for you. It can cover tasks such as applying for the certificate of inheritance, dealing with the tax office and signing at the Land Registry Office.

  • Sign the power of attorney before a Turkish notary, or at a Turkish consulate abroad.

  • A document signed in another country may need an apostille under the Hague Convention and a certified Turkish translation.

  • Keep the power of attorney as narrow as you can, and say exactly which tasks it covers.

Documents you may need

Heirs and their lawyers usually need a core set of papers. Gather them early, because documents from abroad can take weeks to arrange.

  • The death certificate, with an apostille and translation if it was issued abroad.

  • Proof of your relationship to the deceased, such as birth or marriage certificates.

  • Your passport or Turkish tax number.

  • Any will, and proof that it is valid.

  • Title deed details for each property.

  • Details of bank accounts and other assets in Turkey.

Frequently asked questions

Can a foreigner inherit land in Turkey?

Yes, a foreign heir can generally inherit land and buildings. Some limits apply to certain areas, such as military zones, and a lawyer should check them for your property.

Do I have to live in Turkey to inherit?

No. Heirs living abroad can inherit. They can use a power of attorney, and they have a longer period to declare the inheritance for tax.

What if there is no will?

The Turkish rules on intestacy decide who inherits. A spouse and children usually share the estate. The exact shares depend on which relatives survive.

How long does it take?

It depends on the case. A simple estate with clear heirs moves faster. Disputes, missing documents or several heirs can add months. Ask your lawyer for a realistic timetable.

So do foreigners have inheritance rights in Turkey?

Yes, foreigners can inherit property in Turkey. The law aims to balance the rights of heirs and to give legal clarity. As a foreigner, planning ahead is crucial to avoid complications and protect your assets. Whether you are drafting a will, transferring property or checking taxes, professional advice can help you secure your legacy in Turkey.

If you have specific questions, speak to a solicitor who knows both Turkish and international inheritance law.

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