The rules for inheriting property in the Republic of Turkey are largely similar to inheritance procedures in other countries, but they do include some specific differences. If you find yourself inheriting a Turkish apartment or other real estate after the passing of a relative, it’s important to understand the basic steps for transferring ownership in advance. In this article, we explain who can claim an inheritance in Turkey, what documents a foreign national needs to prepare, and how the entire process unfolds.
Inheritance Specifics in the Republic of Turkey
According to current Turkish law, inheritance rights are not restricted by citizenship or foreigner status. Non-residents have the same legal rights as Turkish nationals and can claim property even without Turkish citizenship or a residence permit. However, a lack of knowledge of the language or local laws can complicate the process, which is why it’s highly recommended to work with a local lawyer. A reliable attorney can be found at tuncaybarcinlawoffice.com.
Inheritance in Turkey is processed either under statutory law or based on a will. If there is no will, property is distributed in a set order:
- First in line are the deceased’s spouse and children.
- If they are not present, the inheritance passes to the deceased’s parents.
- Next in line are the grandparents.
- If no relatives can be found, the property is transferred to the state.
Inheritance rights are established immediately upon the owner’s death. To gain full ownership of the property, a non-resident heir must obtain a certificate of inheritance, which is issued through a court order.
How the Inheritance Process Works in Turkey
The procedure for claiming inheritance follows a step-by-step process. To obtain an official inheritance certificate, the heir must:
- File a petition with the court located in the district where the property is situated. This requires documents proving familial ties to the deceased.
- Pay the inheritance tax. Payments can be made in installments over a period of three years.
- Register ownership rights with the Land Registry. This is done on the basis of the court decision.
Inheritance Tax in Turkey
Inheritance in Turkey is subject to a progressive tax system. The greater the value of the inherited property, the higher the applicable tax rate. Tax rates range from 1% to 10% of the total value of the property. Payments are due twice a year—in May and November—which allows the tax to be paid in six equal installments.
Documents Required for Non-Residents to Claim Inheritance
To officially transfer ownership of inherited property, a foreign national must prepare several key documents. All documents must be translated into Turkish and notarized before submission to the court. The standard list includes:
- The heir’s valid foreign passport;
- A Turkish tax identification number, which can be obtained from the local Tax Office;
- The title deed (TAPU) for the property in question;
- Proof of familial relationship with the deceased (e.g., birth or marriage certificates, name change documents, etc.);
- Proof of inheritance rights (e.g., a will or court decision);
- The death certificate of the deceased.
If you are looking for a trusted Turkish inheritance lawyer, consider the services of Tuncay & Barcın Law Office. Their experienced legal team provides full support throughout the inheritance process, ensuring a smooth and legally sound transfer of property rights.
