Inheriting property in Turkey as a foreigner: which law applies and how the property passes to the heirs

Nobody likes to think about death, but anyone who owns property in another country protects their family by understanding how that property will pass on after them. And in Turkey there is an important difference that many Arab buyers are unaware of: the law that governs inheritance.

Which law applies?

Turkish private international law provides that property located in Turkey is governed by Turkish law, whatever the owner’s nationality. Movable assets, on the other hand, may be subject to the law of the deceased’s nationality.

Shares under the Turkish Civil Code

• With children: the spouse receives a quarter and the children three quarters, divided equally between sons and daughters.
• No children, with parents: the spouse receives half, and the parents and their descendants the other half.
• No children or parents, with grandparents: the spouse receives three quarters.
• No relatives entitled to inherit: the spouse receives the entire estate.

Some heirs also have reserved shares that cannot be overridden by a will, such as the children, the spouse and the parents.

The difference from Islamic inheritance law

Turkish law treats sons and daughters equally, and the shares of the spouse and the parents differ from the Islamic shares. This does not mean the family is forced into a division that goes against its convictions:

1. Agreement between the heirs: after the death, the heirs can agree by mutual consent on a different division through a partition agreement.
2. A will: you can dispose of the free portion of the estate, within the limits of the reserved shares.
3. Planning during your lifetime: through a gift or other means, all of which require advice from a lawyer.

How the property is transferred

1. Certificate of inheritance

• For foreigners it is issued by the Civil Court of Peace (Sulh Hukuk Mahkemesi), not by a notary.
• The application states that it concerns the property located in Turkey.
• If a certificate of inheritance was issued in another country, it must be recognised by a Turkish court before it can be used.

2. Inheritance tax return

• It is filed with the tax office within a period set by law from the date of death, which varies depending on where the death occurred and where the heirs live.
• Each heir among the spouse and children has an exemption that is updated every year, and progressive rates apply above it.

3. Transferring the title deed

With the certificate of inheritance and the tax receipt, you apply to the Land Registry (tapu office) to register the property in the heirs’ names, either jointly or divided by their agreement.

What you should know now

• A power of attorney ends on death: your representative can no longer act after it.
• Bank accounts are frozen until the certificate of inheritance is presented.
• Tell your family about the property and where its documents are kept.
• Tenancies continue: if the property is rented out, the heirs need someone to manage the contract. See the guide to managing your property remotely.

Summary

Your property in Turkey is inherited under Turkish law: equal shares for sons and daughters, a certificate of inheritance from the court, inheritance tax, then the title deed transfer. The family can agree on a different division by mutual consent, and planning ahead with a lawyer is the best gift you can leave them.

We help families organise their property documents and get in touch with specialised lawyers. Contact us.