Can Foreigners Inherit Property in Turkey?
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Can Foreigners Inherit Property in Turkey?
Yes, foreigners can inherit property in Turkey, but inheritance of Turkish real estate by a foreign national may be subject to certain legal restrictions and procedural requirements.
The fact that the heir is not a Turkish citizen does not, by itself, prevent the heir from inheriting a house, apartment or other real estate in Turkey.
However, the nationality of the heir, the type and location of the property, the applicable inheritance rules and the deceased person’s circumstances may all need to be examined before the property can be registered in the heir’s name.
This guide explains what foreign heirs should know about inheriting property in Turkey.
Can a foreign citizen inherit a house in Turkey?
In principle, yes.
A foreign national may inherit residential property in Turkey from a deceased owner. The inheritance process is different from purchasing property because the heir acquires the property through succession rather than through an ordinary sale.
Nevertheless, Turkish law imposes certain restrictions on the acquisition and ownership of real estate by foreign nationals. These restrictions should be checked before the inheritance is registered.
For example, different rules may apply depending on:
- the nationality of the heir;
- the type of property;
- the location of the property;
- whether the property is land or a completed building;
- the total amount of real estate owned by the foreign heir; and
- any specific restrictions applicable to the foreign national.
Therefore, foreign heirs should not assume that every inherited property can automatically be registered without further legal review.
Does the heir need to be in Turkey?
No.
In many cases, a foreign heir living abroad can complete the necessary procedures without travelling to Turkey.
The heir may appoint a Turkish lawyer through a Power of Attorney (POA) to handle the inheritance and property procedures.
Depending on the authority granted, the lawyer may assist with:
- inheritance documentation;
- applications to Turkish authorities;
- tax procedures;
- Land Registry (Tapu) procedures;
- registration of the inherited property;
- obtaining official documents;
- sale of the inherited property; and
- other necessary administrative and legal procedures.
This can be particularly useful where the heirs live in the United Kingdom, United States, Canada, Europe or another country.
What is the procedure for inheriting property in Turkey?
Although each case is different, the process generally involves several stages.
1. Establishing the death of the property owner
The death of the owner must be officially documented.
Where the death occurred outside Turkey, the relevant foreign death certificate may need to be apostilled or legalised and translated into Turkish.
2. Establishing who the heirs are
The legal heirs must be identified.
This may involve obtaining a Turkish Certificate of Inheritance (Mirasçılık Belgesi) or using foreign inheritance/probate documents, depending on the circumstances and applicable law.
3. Determining the applicable inheritance law
Where the deceased was a foreign national, determining which country’s law applies to the succession may be necessary.
This can be particularly important where the deceased lived in one country, was a citizen of another country and owned property in Turkey.
4. Preparing foreign documents
Documents issued outside Turkey may need:
- apostille;
- consular legalisation where applicable;
- certified Turkish translation; and
- notarisation in Turkey.
The requirements depend on the country where the documents were issued and the nature of the document.
5. Completing Turkish tax formalities
Inheritance-related tax obligations may arise in Turkey.
The heirs may need to submit the relevant declarations and complete the applicable tax procedures before or in connection with the registration of the inherited property.
6. Registering the property with the Land Registry
Once the necessary requirements have been satisfied, the inherited property can be registered with the relevant Turkish Land Registry Office in accordance with the heirs’ rights.
What if the deceased was also a foreigner?
This is a common situation.
For example, a British citizen may own an apartment in Izmir and subsequently die while living in the United Kingdom.
The deceased may leave children or other heirs who also live outside Turkey.
In such a case, the inheritance may involve both Turkish procedures and foreign probate or succession proceedings.
The fact that the deceased and the heirs are all foreign nationals does not mean that the Turkish property can be dealt with entirely through the foreign probate process.
The Turkish property may still require separate procedures in Turkey.
What if there is a foreign will?
A foreign will may be relevant to the inheritance of property located in Turkey.
For example, a person may have prepared a will under the law of England and Wales, the United States or another jurisdiction and included their Turkish property within their estate planning.
The existence of such a will does not automatically mean that the property can be transferred in Turkey without further examination.
The validity, interpretation and legal effect of the will should be assessed under the applicable Turkish private international law rules and the relevant succession law.
The following questions may need to be considered:
- Where was the will made?
- Under which law was it made?
- Is it formally valid?
- Who are the heirs?
- Are there protected inheritance rights?
- Does the will specifically deal with the Turkish property?
- What documents are required to use the will in Turkey?
For this reason, foreign heirs should have the will reviewed before beginning the property transfer process.
Can foreign heirs sell inherited property in Turkey?
Yes, in principle.
Once the heirs’ rights have been established and the property has been properly registered or the necessary legal requirements for disposal have been satisfied, the inherited property may generally be sold.
Foreign heirs may choose to:
- keep the property;
- sell it;
- transfer their rights to another heir where legally possible; or
- otherwise deal with the property according to their inheritance rights.
If the heirs live abroad, the sale may in many circumstances be handled through a properly drafted Power of Attorney.
However, the POA should be prepared carefully, particularly where it gives authority to sell real estate.
What happens if there are several heirs?
Where a Turkish property is inherited by several people, the heirs may have shared rights in the property.
This can create practical issues when the heirs have different wishes.
For example:
One heir may want to sell the property while another wants to keep it.
Or:
The heirs may live in different countries and find it difficult to coordinate the transaction.
The appropriate solution depends on the ownership structure, the inheritance shares and the circumstances of the estate.
A lawyer can review the title records and inheritance documents and advise the heirs on the available options.
Can a foreign heir inherit land in Turkey?
The answer may depend on the nature, location and size of the land as well as the nationality of the heir.
Foreign ownership rules can be more restrictive for certain types of land than for ordinary residential property.
Therefore, where an inheritance involves:
- agricultural land;
- undeveloped land;
- large parcels;
- strategically restricted areas; or
- other property subject to special restrictions,
the position should be examined before the inheritance is registered.
What documents are normally required?
The exact documents depend on the circumstances, but a foreign inheritance case may require documents such as:
- death certificate;
- passport of the deceased;
- passport of the heir;
- birth certificates;
- marriage certificates;
- documents establishing family relationships;
- will, if applicable;
- inheritance certificate or relevant probate documentation;
- title deed information;
- tax documents; and
- Power of Attorney, where the heir is represented in Turkey.
Foreign documents may require apostille or legalisation and certified Turkish translation.
It is usually preferable to determine the exact document requirements before arranging apostilles and translations, because requirements can vary depending on the jurisdiction and the nature of the inheritance.
Are foreign heirs required to pay inheritance tax in Turkey?
Inheritance involving property in Turkey may give rise to Turkish tax obligations.
The tax treatment depends on the circumstances of the estate and the applicable Turkish tax legislation.
Factors such as the value of the inherited assets and the relationship between the deceased and the heir may be relevant.
Foreign heirs should therefore obtain advice regarding the applicable tax obligations before completing the transfer or sale of the property.
What if the property cannot be registered in the foreign heir’s name?
In some cases, restrictions applicable to foreign ownership may prevent a particular property from being registered in the foreign heir’s name.
This does not necessarily mean that the heir simply loses the economic value of the inheritance.
The appropriate legal solution depends on the circumstances and should be determined after reviewing the property, the heir’s nationality and the applicable ownership restrictions.
This is one of the reasons why foreign heirs should obtain legal advice before taking steps to dispose of inherited property.
Can the inheritance procedure be handled entirely from abroad?
In many straightforward cases, a significant part of the process can be handled without the heir travelling to Turkey.
A Turkish lawyer can coordinate the procedure through a Power of Attorney, including communication with relevant authorities and Land Registry offices.
However, whether the entire process can be completed remotely depends on the documents required and the specific circumstances of the estate.
How E&G International Law Firm Can Help
E&G International Law Firm assists foreign individuals and families with inheritance and Turkish property matters.
We can assist foreign heirs with:
- inheritance procedures in Turkey;
- Turkish Certificates of Inheritance;
- inherited houses and apartments;
- foreign wills and Turkish property;
- transfer of inherited property;
- Land Registry (Tapu) procedures;
- inheritance-related tax procedures;
- sale of inherited property;
- Powers of Attorney for heirs living abroad; and
- inheritance disputes and related litigation.
Based in Izmir, E&G International Law Firm assists international clients with legal matters throughout Turkey.
If you have inherited property in Turkey or expect to inherit Turkish real estate, we can review your circumstances and explain the legal steps required to protect and exercise your inheritance rights.
Contact E&G International Law Firm to discuss your inheritance and property matter in Turkey.