What Happens If You Die Owning Property in Turkey as a Foreigner?
Understand inheritance, taxes, and legal procedures for your Turkish estate.
The Unspoken Risk of Cross-Border Ownership
Owning property in Turkey as a foreign national is an exciting opportunity — but few consider the legal consequences of death. What happens to your Turkish real estate if you pass away? Who inherits it? Will Turkish law apply? Will your heirs pay tax? And how can you ensure a smooth transfer?
This guide explains:
Turkish inheritance law for foreign property owners
How foreign wills interact with Turkish legal processes
Who inherits your Turkish property and how
Which documents are needed to claim inheritance
Applicable inheritance taxes in 2025
Practical tips to avoid legal complications
II. What Happens When a Foreigner Dies Owning Property in Turkey?
When a foreign property owner passes away, their assets in Turkey — including land, houses, and bank accounts — do not automatically pass to their family.
Instead, Turkish legal procedure begins.
The local Turkish court will:
Identify the property owned
Verify the deceased’s nationality and legal documents
Determine legal heirs under Turkish or foreign law
Issue a Certificate of Inheritance (Veraset İlamı)
📌 This process is necessary before the property can be transferred or sold.
III. Which Law Applies to a Foreign Inheritance in Turkey?
🔹 General Rule:
Turkish law applies to property located in Turkey
Nationality-based inheritance rules may apply under certain treaties or the principle of "renvoi" (referral of law)
🔹 What If You Have a Foreign Will?
A will made abroad can be recognized in Turkey, but:
It must be notarized and apostilled
Official Turkish translation is required
Courts may still apply Turkish public order rules
📌 If no valid will exists, Turkish courts apply statutory inheritance rules.
IV. Who Inherits the Property? (Turkish Inheritance Hierarchy)
If there’s no will, the Turkish Civil Code determines the heirs:
Spouse + children: spouse receives ¼, children share ¾
If no children: spouse + parents
If no parents: spouse + siblings
No family at all: property passes to the Turkish Treasury
📌 Foreign heirs must prove their relationship with official documents, translated and apostilled.
V. What Documents Are Needed to Claim Inherited Property in Turkey?
Foreign heirs must present:
Death Certificate (apostilled + translated into Turkish)
Proof of kinship (family register, birth certificates, etc.)
Certificate of Inheritance (if issued abroad: notarized + apostilled + translated)
Deceased’s passport copy and Turkish tax ID number
Title deed (Tapu) or property info
Turkish tax number for each heir
📌 All foreign documents must be officially translated and notarized in Turkey.
VI. How to Obtain a Certificate of Inheritance (Veraset İlamı)
If there is no valid foreign inheritance document, heirs must apply to a:
Peace Court (Sulh Hukuk Mahkemesi) or
Notary in Turkey
The process takes a few weeks to a few months, depending on documentation and court backlog.
Once issued, this certificate allows:
Transfer of the property
Initiation of tax filings
Authorization for sale
VII. Inheritance and Transfer Taxes in Turkey (2025)
Inheriting property in Turkey is subject to Inheritance and Gift Tax (Veraset ve İntikal Vergisi).
📌 2025 Rates:
| Inheritance Amount | Tax Rate (Direct Heirs) |
|---|---|
| 0 – ₺1,100,000 | 1% |
| ₺1,100,001 – ₺2,600,000 | 3% |
| ₺2,600,001 – ₺5,500,000 | 5% |
| ₺5,500,001 – ₺10,900,000 | 7% |
| Over ₺10,900,000 | 10% |
📌 Tax rates are higher for non-immediate family members and non-Turkish heirs.
The tax must be paid in up to 3 equal annual installments or all at once.
VIII. Can You Sell or Transfer the Property After Inheriting It?
Yes, but only after:
Paying the inheritance tax
Officially transferring the deed via Land Registry Office (Tapu Müdürlüğü)
Updating ownership records
📌 If the property has unpaid debts (property tax, fines), these must also be cleared before sale.
IX. Can Heirs Transfer Funds Abroad After Selling?
Yes — foreign heirs can:
Sell the inherited property
Transfer the proceeds abroad
✅ Conditions:
Must show inheritance tax has been paid
Submit currency export declaration (DAB) via the bank
Bank may request court order, inheritance certificate, and ID
X. Practical Tips to Simplify Inheritance for Your Heirs
Prepare a Turkish Will (Vasiyetname)
– Even if you already have a will abroad
– Use a Turkish notary or lawyer
– Specify who inherits what and include Turkish assetsMaintain an Updated Document File
– Keep all your property, ID, and title deed documents organized and accessibleInform Your Heirs in Advance
– Let them know what you own and where documents are keptUse Legal Support to Process Inheritance Efficiently
– Especially if heirs live abroad or do not speak Turkish
XI. FAQs – Frequently Asked Questions
❓ Can the Turkish government take my property when I die?
Only if you have no legal heirs and no will.
❓ Can my child inherit my property even if they are not Turkish citizens?
Yes — citizenship is not required to inherit property.
❓ Is inheritance taxed again in my home country?
Possibly. Some countries apply global inheritance tax, so consult a local accountant. Turkey has double taxation treaties with many countries.
❓ Can I add my heirs as co-owners now to avoid problems?
Yes, but there are legal and tax consequences — always consult a lawyer first.
XII. Final Thoughts: Plan Ahead to Protect Your Family
Death is universal — but inheritance law is not.
If you’re a foreigner who owns property in Turkey, your heirs will not automatically receive it without going through Turkish legal channels.
To protect your family and assets:
Keep your documents in order
Declare your wishes legally
Pay necessary taxes
Seek legal support
📌 Need Help with Inheritance or Turkish Estate Law?
At Ensari Yiğitcan Çakmak Law Office, we offer:
Certificate of inheritance applications
Will drafting and notarization
Inheritance tax planning
Property transfer support
Representation for heirs living abroad
📞 Let us help secure your legacy in Turkey.
🌐 www.ensariyigitcancakmak.av.tr
📧 info@ensariyigitcancakmak.av.tr
📱 +90 533 194 52 14
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