What Happens When a Foreigner Dies Owning Property in Turkey?
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What Happens When a Foreigner Dies Owning Property in Turkey?
What happens to a house, apartment or other property in Turkey when the owner dies? This is a common concern for foreign nationals who own property in Turkey and for their family members and heirs.
The death of a foreign property owner does not automatically mean that the property is lost, transferred to the Turkish state or sold. In most cases, the deceased’s heirs can establish their inheritance rights and subsequently register or transfer the Turkish property in accordance with Turkish law and the applicable international rules.
However, the process can be more complicated when the deceased was a foreign citizen, particularly where the heirs live abroad, the deceased left a foreign will, or the estate includes property in more than one country.
This guide explains the main legal steps for foreign heirs dealing with property in Turkey.
1. What happens to Turkish property after the owner’s death?
When a property owner dies, the property becomes part of the deceased person’s estate.
If the deceased was a foreign national, determining who has inherited the property may require an examination of both Turkish law and the law applicable to the deceased’s succession.
The heirs generally need to establish their legal status before the Turkish land registry (Tapu) can register the inherited property in their names.
The procedure may involve:
- determining the heirs;
- obtaining an inheritance certificate;
- determining the applicable succession law;
- preparing and legalising foreign documents;
- completing inheritance and tax formalities in Turkey; and
- registering the inherited property with the relevant Land Registry Office.
The exact procedure depends on the nationality of the deceased, the location and nature of the assets, whether there is a will, and the circumstances of the estate.
2. Can foreigners inherit property in Turkey?
Yes. Foreign nationals can, in principle, inherit property located in Turkey.
However, inheritance does not mean that every foreign national can automatically own every type of Turkish property without restriction. Certain restrictions applicable to foreign ownership may also need to be considered.
For this reason, an inheritance involving Turkish real estate should be reviewed on a case-by-case basis.
This is particularly important where the deceased owned:
- residential property;
- land;
- commercial property;
- agricultural land; or
- more than one property in Turkey.
3. Do foreign heirs need to come to Turkey?
Not necessarily.
In many cases, heirs living abroad can handle the necessary procedures through a properly prepared Power of Attorney (POA) granted to a Turkish lawyer.
This can be particularly useful where the heirs live in the United Kingdom, United States, Europe or another country and do not wish to travel to Turkey simply to complete inheritance formalities.
A Turkish lawyer can, depending on the circumstances and the scope of the POA, assist with matters such as:
- obtaining or completing inheritance documentation;
- communicating with Turkish authorities;
- tax and administrative procedures;
- Land Registry procedures;
- registration of inherited property;
- sale of inherited property; and
- distribution or transfer of assets where legally appropriate.
The wording of the POA is important. A general power of attorney may not always provide sufficient authority for every transaction involving Turkish real estate.
4. What is a Turkish Certificate of Inheritance?
One of the key documents in a Turkish inheritance procedure is the Certificate of Inheritance (Mirasçılık Belgesi).
It is used to establish who the legal heirs are and their respective inheritance shares.
For estates involving foreign nationals, however, obtaining and using an inheritance certificate may require additional documentation and legal analysis.
Foreign civil-status documents, such as:
- death certificates;
- birth certificates;
- marriage certificates; and
- documents establishing family relationships
may need to be officially legalised, apostilled where applicable, and translated into Turkish.
The precise documentation depends on the country where the relevant document was issued.
5. What if the deceased left a will in another country?
A foreign will does not necessarily become irrelevant simply because the deceased owned property in Turkey.
For example, a deceased person may have made a will in the United Kingdom, United States or another country while also owning an apartment or house in Turkey.
The validity and effect of that will in relation to Turkish assets must be examined under the applicable conflict-of-laws rules.
Questions may include:
- Was the will validly executed?
- Which country’s law governs succession?
- Does the will affect Turkish real estate?
- Are there compulsory heirship or reserved portion rules that apply?
- What documents are required to prove the validity and contents of the will in Turkey?
A foreign will should therefore be reviewed before attempting to transfer or sell the Turkish property.
6. What if the heirs live in different countries?
This is another common situation.
For example, a British citizen may die owning a property in Izmir and leave three children living in the UK, the United States and Germany.
The inheritance procedure may then involve documents originating from several jurisdictions.
The practical process may include:
- obtaining the death certificate;
- establishing the family relationship between the deceased and the heirs;
- determining the applicable succession law;
- obtaining the necessary inheritance documentation;
- legalising or apostilling foreign documents;
- obtaining certified Turkish translations;
- completing Turkish tax formalities;
- registering the heirs’ rights with the Land Registry; and
- deciding whether the property will be retained, transferred or sold.
A Turkish lawyer can coordinate these steps so that the heirs do not necessarily need to travel to Turkey.
7. Can inherited property in Turkey be sold?
Yes, inherited Turkish property can generally be sold once the heirs’ ownership rights have been properly established and the necessary Land Registry procedures have been completed.
The heirs may decide to:
- keep the property;
- transfer their shares;
- sell the property and divide the proceeds;
- transfer the property to one of the heirs; or
- otherwise deal with the property in accordance with the applicable inheritance rules.
If there are multiple heirs, their respective rights and consent requirements should be examined before a sale or transfer is arranged.
A Power of Attorney may also allow a Turkish lawyer or another authorised person to handle the sale on behalf of heirs living abroad, provided that the POA contains the necessary authority.
8. What taxes and expenses may arise?
An inheritance involving Turkish property can create tax and other administrative obligations in Turkey.
Depending on the circumstances, these may include inheritance and transfer tax, Land Registry charges, translation and notarisation costs and other administrative expenses.
The applicable tax treatment depends on factors such as:
- the value of the inherited assets;
- the relationship between the deceased and the heirs;
- the type and location of the property; and
- the applicable Turkish tax rules.
Foreign heirs should therefore obtain advice before transferring or selling inherited property.
9. What if the deceased owned property in several countries?
It is common for internationally mobile individuals to own assets in more than one country.
For example, a person may own:
- a house in Turkey;
- a bank account in the UK;
- investments in the United States; and
- other assets in Europe.
The succession of these assets may not be governed by exactly the same rules.
The Turkish part of the estate may therefore require separate procedures even where the heirs have already completed probate or inheritance proceedings in another country.
Completion of an inheritance procedure abroad does not necessarily mean that the Turkish property can simply be registered in the heirs’ names without further Turkish procedures.
10. What documents may be required?
The documents required will depend on the circumstances of the estate. Common documents may include:
- death certificate;
- passport or identity documents of the deceased;
- passports or identity documents of the heirs;
- birth certificates;
- marriage certificates;
- documents proving family relationships;
- will, if applicable;
- inheritance certificate or equivalent foreign probate documentation;
- Turkish tax number, where required;
- title deed information; and
- Power of Attorney, where the heirs are represented in Turkey.
Foreign documents may need to be apostilled or otherwise legalised and accompanied by certified Turkish translations.
Because requirements can vary depending on the country of origin, heirs should obtain advice before ordering or legalising documents unnecessarily.
11. What if there is a dispute between the heirs?
Inheritance matters can become more complicated where the heirs disagree.
Potential disputes may concern:
- the validity or interpretation of a will;
- inheritance shares;
- ownership of the property;
- the sale of the property;
- the distribution of sale proceeds;
- lifetime gifts made by the deceased;
- claims concerning reserved portions; or
- the management of jointly inherited property.
Where a dispute arises, Turkish inheritance and civil litigation procedures may become relevant.
The appropriate legal strategy depends on the nature of the dispute and the law applicable to the estate.
12. How long does the process take?
There is no single timeframe applicable to every inheritance involving Turkish property.
A relatively straightforward case may be completed without significant difficulty where:
- the heirs are clearly identified;
- there is no dispute;
- the required foreign documents are readily available;
- there is no complicated will; and
- the property records are clear.
Cases involving foreign wills, multiple heirs, several jurisdictions, disputed inheritance rights or missing documentation may take considerably longer.
For this reason, obtaining an initial review of the estate and the available documents can help identify potential problems at an early stage.
How E&G International Law Firm Can Help
E&G International Law Firm assists foreign individuals and families with inheritance and property matters in Turkey.
We can assist with matters including:
- inheritance procedures for foreign nationals;
- Turkish Certificates of Inheritance;
- inherited property in Turkey;
- foreign wills and Turkish assets;
- transfer of inherited property;
- Land Registry (Tapu) procedures;
- sale of inherited property;
- Powers of Attorney for heirs living abroad;
- inheritance-related tax and administrative procedures; and
- inheritance disputes and related litigation.
Our office is based in Izmir, and we assist international clients with legal matters concerning property and inheritance throughout Turkey.
If you or a family member has inherited property in Turkey, or if a foreign property owner has passed away leaving assets in Turkey, we recommend obtaining legal advice before attempting to transfer or sell the property.
Contact E&G International Law Firm to discuss your inheritance or Turkish property matter with an English-speaking Turkish lawyer.