Inheritance and Transfer Of Assets

When a person passes away in Turkey, inheritance law becomes applicable. The Turkish Civil Code No. 4721 regulates in detail who will inherit the deceased person’s estate, in what proportions, and through which legal procedures. These rules apply not only to Turkish citizens but also to foreign nationals who own real estate in Turkey, making it a matter of significant concern for many international property owners.

Legal Heirs and Distribution of Inheritance

According to the Civil Code, the legal heirs are primarily the deceased’s descendants (children, grandchildren). If there are no descendants, then the parents and their descendants (siblings, nieces/nephews) inherit. The spouse is always a legal heir and shares in the inheritance with others. If no heirs exist, the estate passes to the state.

What Are the Inheritance and Transfer Procedures?

In order to exercise their rights over the deceased’s estate, heirs must first obtain an inheritance certificate (veraset ilamı), which can be issued by a notary or a Civil Court of Peace. Then, any immovable property (real estate) must be officially transferred at the land registry office. The transfer process requires submission of the inheritance certificate along with other required documents.

Important Notes for Foreigners Who Own Property in Turkey

Foreign nationals who own property in Turkey are also subject to Turkish inheritance law upon their death. The following points are especially important:

• Applicable Law: The inheritance of immovable property located in Turkey is governed by Turkish law. However, if the deceased’s home country has different rules, conflict-of-law issues may arise and require special legal assessment.

• Determining Heirs: Heirs of a foreign national may need to submit documents obtained from their consulates, along with sworn translations.

• Title Deed Transfer: The same general procedures apply for foreign heirs, but additional documentation such as apostilled population registry records and notarized translations are usually required.

• Taxation: Inheritance and transfer tax (veraset ve intikal vergisi) is applicable in Turkey. Tax rates vary depending on the value of the estate and the degree of kinship. Foreigners are not exempt from this tax.

Why Professional Legal Assistance Is Crucial

Inheritance procedures can become complicated, particularly for individuals living abroad or with ties to multiple jurisdictions. From obtaining an inheritance certificate to transferring title deeds and filing tax declarations, any legal error may lead to loss of rights or financial penalties.

For both Turkish citizens and foreign nationals who own property in Turkey, seeking expert legal advice is strongly recommended to avoid complications and delays.

In Conclusion, foreigners who own property in Turkey must be aware of both their home country’s inheritance laws and the relevant provisions of Turkish law. Taking action without legal guidance may result in costly mistakes, delays, and disputes.

For detailed information and professional legal support, feel free to contact our law firm Özocak & Altun Law Office, located in Mahmutlar, Alanya. We are here to provide reliable, efficient, and lawful solutions throughout your inheritance process.

🌐 www.ozocakaltun.av.tr

Prepared by: Attorney Reyhan Özocak
Özocak & Altun Law and Consultancy – Mahmutlar / Alanya