What is the Right to Inheritance?

The right to inherit is a fundamental category of civil rights that allows a person's assets to be passed on to their legal or appointed heirs after their death. In Türkiye, this right is regulated under the Turkish Civil Code.

Fundamentals of Inheritance Law in Türkiye

Inheritance System According to Turkish Civil Code

  • Legal heirs: Spouse, children, blood relatives such as parents
  • Designated heirs: Persons designated by will or inheritance contract.

Class System

  1. Class: Descendants (children, grandchildren)
  2. Class: Descendants (parents and siblings)
  3. Group: Grandparents and their children

Foreigners' Right to Acquire Property in Türkiye

Real Estate Purchase

Foreign nationals can purchase real estate in Türkiye, subject to certain restrictions. This right also applies to acquisition through inheritance.

Restrictions

  • Transfer of real estate is prohibited in military zones
  • Total surface area cannot exceed 30 hectares
  • The principle of reciprocity applies

Conditions for Foreigners to Inherit in Türkiye

Who can inherit?

  • Any foreign person who is a legal or appointed heir of the deceased
  • Citizens of countries that recognize mutual inheritance rights with Türkiye

Which Countries Can Benefit?

There are reciprocity agreements with countries such as EU countries, USA, Canada, Switzerland. Lists may be updated over time.

Inheritance Rights According to Citizenship Status

  • Foreigners who are Turkish Citizens: Have unlimited inheritance rights like all Turks.
  • Dual Citizens: Evaluated according to Turkish citizenship.
  • Stateless persons: Rights may be granted depending on special legal regulations.

The Process of Transfer of Inheritance (For Foreigners)

Obtaining a Certificate of Inheritance

For foreigners, it can be obtained from a notary or a civil court of peace. A notary-certified Turkish translation of foreign documents is required.

Title Deed Transfer Procedures

  • Application to the Land Registry Office
  • Certificate of inheritance, passport, tax identification number are required.
  • Transactions can be made with power of attorney

Taxation

Inheritance and transfer tax must be paid for inherited real estate. The amount is determined according to the value of the property and the degree of heir.

The Role of Consulates and Their Duty to Inform

Foreign citizens can get information and document support from their own country's consulates in Türkiye.
Moreover:

  • Obtaining a death certificate
  • Arrangement of power of attorney
  • Citizenship confirmation documents can be provided

Bilateral Agreements with Türkiye and the Right to Inheritance

Reciprocity Principle (Reciprocity)

If a country grants the right of inheritance to citizens of the Republic of Türkiye in its own country, the same right is granted to citizens of that country in Türkiye.

Examples of Contracting Countries

  • Germany
  • France
  • Holland
  • Austria
  • Switzerland
  • USA

Foreigners' Rights in Real Estate and Immovable Inheritance

Title Deed Transactions

  • Application can be made to the Land Registry Office in person or by proxy.
  • Real estate records can be queried through the system.
  • Processing time averages 1-2 weeks

Limitations

In some strategic areas or village lands, takeover is subject to permission.

Common Problems in Inheriting from Foreigners

  • Language barrier and document translations
  • Lack of representation in Türkiye
  • Tax and declaration deficiencies
  • The process of recognition of court decisions

Is It Mandatory to Hire a Lawyer?

No, but it is highly recommended.
Since the inheritance process for foreigners in Türkiye involves many legal and language barriers, working with a lawyer makes the process easier and reduces the margin of error.

Inheritance Tax and Foreigners in Türkiye

Inheritance and transfer tax must be paid for inherited property in Turkey. This tax applies to both Turkish citizens and foreign nationals who inherit in Turkey.

Tax Rates

The tax rate varies between 1% and 30% depending on the type and value of the inherited property.

  • Lower for 1st degree relatives
  • Higher rates apply to distant relatives or designated heirs

Declaration and Payment Process

  • Application to the tax office within 4 months (from within Türkiye), 6 months (from abroad)
  • Can be paid in installments over 3 years
  • Interest is applied in case of delay.

Wills and Foreign Nationals

Types of Wills Valid in Türkiye

  1. Official will (prepared before a notary)
  2. Handwritten will (must be entirely handwritten)
  3. Verbal will (valid in extraordinary circumstances)

Wills Prepared in a Foreign Language

In order to be valid in Türkiye, a notarized Turkish translation is required. Otherwise, its validity may be questionable.

Can Those Who Do Not Live in Türkiye Inherit?

Yes.
Non-resident foreigners also have the right to inherit real estate or movable property in Türkiye. Remote transactions can be made, but a notarized power of attorney must be used.

How to Conduct Remote Inheritance Transactions?

  • Transactions can be carried out by giving power of attorney to a lawyer.
  • All documents must be notarized and apostilled.
  • It is also possible to initiate transactions through consulates.

Tips for Foreigners Inheriting in Türkiye

  1. Prepare early: Gather documents in advance (passport, death certificate, will).
  2. Professional Help: Working with an experienced attorney makes the process easier.
  3. Follow the Tax Process: It is important not to miss the filing deadlines.
  4. Precautions Against Language Problems: It is useful to work with an interpreter.
  5. Check the Reciprocity List: Check if your country has an agreement with Turkey.

Frequently Asked Questions (FAQ)

1. Can a foreigner take over a real estate inherited in Türkiye?
Yes, it is possible to transfer real estate within the framework of the law. Permission may be required in some limited areas.

2. Can a foreigner who will inherit property in Türkiye not live here?
Yes, not living in Türkiye does not eliminate the right to inheritance.

3. Can a foreigner leave a will in Türkiye?
Yes, it is valid if it is prepared in accordance with Turkish laws.

4. When is inheritance tax paid in Türkiye?
For heirs abroad, the declaration must be made within 6 months and paid within 3 years.

5. Is it mandatory for a foreign heir to hire a lawyer in Türkiye?
No, but because the process is so complex, a lawyer is recommended.

6. Which countries have signed a reciprocity agreement with Türkiye?
Reciprocity is applied with countries such as the USA, Germany, France and the Netherlands.

Conclusion: Are Foreigners' Inheritance Rights in Türkiye Real?

Yes, foreigners can be legal heirs in Turkey. However, this process is shaped by many details such as agreements between countries , type of property , citizenship status and compliance with legal procedures .

If the right documents and professional support are used, a foreigner's right to inherit in Turkey is completely possible. In particular, transactions regarding real estate will both secure the rights of the heir and prevent long legal processes.