Inheritance Law for Real Estate in Turkey

Many questions come to minds of those looking for apartments for sale in Turkey or who want to own real estate in Turkey in general – especially those outside it – many questions about the sustainability of real estate ownership for owners, whether they are Turks or foreigners, and does that property limit any law that might end the property in case The death of the owner or the occurrence of any emergency with him? There are also many questions about the laws of inheriting real estate in Turkey in terms of its mechanism, details and conditions, especially for foreigners.

In this article, we will try to review the most important Turkish laws related to the sustainability and inheritance of real estate, both for foreigners and Turks alike, as we will try to clarify some points that may remove many of the preconceived false opinions and send more reliability and reassurance to all who wish to acquire real estate in Turkey.

The Sustainability of Real Estate Ownership in Turkey

 The property inside Turkey is considered free property, whether it is for the Turks or for foreigners from any country they were, as the property is protected by title deed “Tabu” it is complete, permanent and not restricted by a specific condition or period, and no government agency has the right to control the property at all. In the event of the death of the property owner, Turkish law has ensured through several legal procedures the smooth transfer of property procedures to his heirs through a package of simple laws and procedures that we will talk about in detail.

Spatial Principle in Turkish Inheritance Laws

The most important principle governing Turkish inheritance tax laws is (the location of the property), as Turkish law is applied when dealing with real property located within the borders of Turkey’s territory, including real estate and immovable property, and for movable property, the laws of inheritance apply to the country of the deceased owner’s nationality .

The estate is inherited for foreigners without a decrease according to Turkish law, and the legal heirs have a husband, wife or children, and with regard to the civil inheritance law in Turkey, it divides 50% of the property of the husband or wife and 50% of the children equal without distinction between male and female, and the inheritance can be divided into Islamic law for whoever desires, Turkish law allows this, and it is by writing a will to the notary at the court, and stipulates the transfer of property after death and the distribution of inheritance according to Islamic law.

Writing a will in Turkey

It is possible to write the will of the landlord in Turkey to show the personalities of the heirs after the death of the landlord, and the Turkish courts will consider the will of the will after his death, and the Turkish Civil Status Law carefully explains how to deal with the will, for foreigners they must prepare the will according to what is stipulated in Turkish law in this regard, To be legally recognized.

The conditions for writing the will according to what Turkish law stipulates are that the person be over the age of 15, and that he has full mental powers, and the will also be written in the hand of the will of the willing with the date, day, month, and year in detail, and it must be appended to his signature, and the person concerned must He will present the will either to the court or to a notary signed by two witnesses so that the procedures can proceed in a proper legal manner, and in this way the Magistrates Court or the Court of First Instance will rule in cases related to inheritance.

Direct Heirs of The Property in Turkey

In the absence of any officially certified will, the heirs according to the law of immovable property in Turkey are as follows in order of priority:

• The first to inherit the deceased are the children, wife or husband, who receive specific shares.

• If the deceased person does not have children, then the deceased’s mother and father are the ones who inherit.

• In the absence of children or parents, the husband or wife shares the inheritance with the grandfather or his siblings.

• The last of the deceased’s heirs are the grandchildren and their descendants.

• If the deceased does not have surviving relatives, his property belongs to the wife or husband only without sharing with anyone.

• The deceased’s property goes to the Turkish government in the absence of any heirs.

The Papers Required to Transfer Property to The Heirs in Turkey

Through one of the heirs, the following documents are submitted for the transfer of ownership:

• Certified (legacy inventory) certified and translated into Turkish, stating the relationship and kinship of the heirs.

• Obtaining tax numbers, which means registration in the tax register in Turkey.

• The presence of a valid passport.

• Provide personal photos.

Inheritance Tax

Within the package of taxes and fees for any real estate in Turkey, foreigners are subject to the law (inheritance tax) in the event that the inherited money or property is located within the borders of Turkey, whether the heir lives in Turkey or outside it, in the event that he obtained funds through inheritance or transfer without compensation, But compared to other countries in the European Union, the inheritance tax rate inside Turkey is relatively low, and it varies according to the value of the investor’s property, where a tax with a lower percentage value is deducted whenever the property is low price, and based on the nature of the residence of the inheritor and the location of the real estate, the proportion varies Inheritance tax between 1% to 10%.

If the heirs reside in the same foreign country in which the death occurred, according to Article 9 of the Law of Succession and Transfer of Ownership, the tax declaration must be submitted within a period not exceeding four months from the date of the inheritor’s death, and within a period not exceeding three years the inheritance tax is paid according to Turkish law, to be paid in May and November in each year.

If you are looking for real estate in Istanbul Turkey or looking for apartments for sale in Istanbul, we are ready to assist you in determining your most suitable choice, and in order to ensure that you get the best options available for you to profit and preserve the value of your future real estate that you wish for housing or investment in Turkey, benefit from the guidance Our advice is completely free of charge, which our experts will gladly and welcome you ,  Call now. Consultation is free.