My Parent Died Owning Property in Turkey: What Happens Next
My parent died owning property in Turkey: where do I start?
If your parent died owning property in Turkey, you are probably grieving and confused at the same time. You may have a UK will, a UK solicitor and a Turkish title deed in a drawer. You may not know which country's rules apply. This guide explains the usual path in plain terms. The key point is simple. Land and buildings in Turkey are dealt with under Turkish law. That is true whether your parent was British, Turkish or both. Your UK probate does not, on its own, move the Turkish property into your name. A separate Turkish process is needed.
Which law decides who inherits
Turkish law decides who inherits property located in Turkey. This can surprise families. A parent may have left everything to one person in an English will. Turkish law may still give certain close relatives a protected share. Turkish law has a system of reserved shares. A will that cuts them out may be challenged in Turkey. Whether a challenge succeeds depends on the facts, so take advice before you assume anything. If there is no will, Turkish rules set out who inherits and in what shares. The position changes if there are no children, or if family members died earlier. Second marriages and children from earlier relationships make this more complex.
Will a UK will be accepted in Turkey?
A will made in the UK can often be used in Turkey. It must first be accepted by a Turkish court. The court then considers whether it can be given effect. Many people with homes in Turkey make one for that reason. If your parent made both, the two documents need to be read together. Problems arise if they conflict, or if one revokes the other. If your parent made no will at all, the heirs are found under Turkish law. You will not need a will to be recognised. You will still need the Turkish court document described below.
The certificate of inheritance
The central document in Turkey is a certificate of inheritance. It names every legal heir and their share. The land registry will not transfer the property without it. The court will want proof of the death and of family relationships. Typical documents include:
the death certificate, with an apostille and certified translation
birth and marriage certificates showing how each heir is related
passports or identity documents for each heir
any will, and any UK grant of probate
Every heir must be named, even those who are not getting along. One missing or reluctant sibling can slow things down. That often means nobody has to travel.
Tax, debts and transferring the title
Turkey has its own inheritance tax. Heirs must file a declaration with the Turkish tax office. A time limit applies, and late filing can bring penalties. The tax must be dealt with before the land registry will complete the transfer. Once tax is settled, the heirs apply to the land registry. The title is then registered in their names in the shares set by the certificate. Fees are payable at that stage too. The UK side also matters. UK inheritance tax may apply to your parent's worldwide estate, depending on their circumstances. Relief may be available for tax paid in Turkey. This needs joined up advice from both ends. Debts also pass with the estate. Heirs in Turkey can refuse an inheritance that carries more debt than value. A strict time limit applies to that choice. Check for unpaid property tax, utility bills and loans before you accept.
Shared ownership and family disagreements
They must then decide what to do with it. They might sell, let it, or have one heir buy out the others. Agreement is the quickest and cheapest route. The court may order a sale. That process can be slow and the price may disappoint. Mediation is often a better first step, especially within families. While things are decided, someone should look after the property. Insurance, maintenance and running costs continue. If the home was let, rent may be building up. Keep records, as these points often cause arguments later.
When to take advice
Take advice as soon as you can. Several time limits run from the date of death. Missing them can cost money or remove choices. Early advice also helps you collect the right documents once, not twice. Take advice straight away if there is a will that leaves out a child or spouse, a second family, a dispute between heirs, or debts on the estate. Canko Law Firm is a boutique firm of UK solicitors and Turkish lawyers. It acts on cross border probate and estates between the UK and Turkey, and on Turkish probate and inheritance. The firm cannot offer legal aid or pro bono work.
Common questions
These are the questions UK families ask most often.
Does my UK grant of probate let me sell the Turkish property? No. A UK grant is useful evidence, but Turkey needs its own certificate of inheritance and land registry transfer.
Do I have to travel to Turkey? Often not.
Can my parent's will leave the Turkish home to just one child? Not always. Turkish law protects shares for certain close relatives, and they may be able to challenge it.
Is there inheritance tax in Turkey? Yes. Heirs must file a declaration within a time limit, and UK tax may also need to be considered.
What if one sibling will not cooperate? The process can still move forward, but delays are common. A court can end shared ownership if heirs cannot agree.
Can I refuse to inherit? Yes. Turkish law allows heirs to refuse an inheritance, but a strict time limit applies, so get advice early.
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