What happens to my property in Turkey if I die?

Immobilienerbe Türkei Ausländer – Was passiert mit meiner Immobilie?

 

What happens to my property in Turkey if I die?

When a foreign citizen owns a property in Turkey and dies, the question often arises as to who inherits the property. Many foreigners do not know that Real estate inheritance Türkiye foreigners Turkish inheritance law generally applies – regardless of the owner's nationality. In this article, we explain clearly and thoroughly how real estate inheritance is regulated for foreigners, who inherits, and what happens in cases of joint ownership.

Real estate inheritance in Türkiye for foreigners – understanding the applicable law

According to Article 20 of the Turkish Private International Law (MÖHUK, Law No. 5718), inheritance is generally governed by the national law of the deceased. However, there is an exception for immovable property such as real estate – in this case, the law of the country in which the property is located applies. For real estate in Turkey, this means: Turkish inheritance law applies.

Real estate inheritance in Türkiye for foreigners – who inherits how much?

The Turkish Civil Code (Law No. 4721) clearly regulates legal succession. The proportions vary depending on the circumstances:

  • Deceased leaves behind spouse and children: The spouse receives 1/4 (25 %) of the estate, the children share the remaining 3/4 (75 %) equally.
  • No children, but parents: The spouse inherits half (50 %), parents or their descendants the other half.
  • No children and parents, but grandparents: Spouse inherits 3/4 (75 %), grandparents or their descendants 1/4 (25 %).
  • No heirs present: The estate goes to the Turkish state.

Example distribution of real estate inheritance Türkiye foreigners

A man owns a property in Antalya. Upon his death, he leaves behind his wife and two children. According to Turkish inheritance law, the estate is distributed as follows:

  • Wife: 25 %
  • Child 1: 37.5 %
  • Child 2: 37.5 %

Joint ownership of real estate inheritance in Türkiye by foreigners

Many married couples purchase real estate in Turkey jointly – a 50/50 split is often recorded in the land register. If one of the partners dies, the inheritance only affects that partner's half:

Suppose the deceased husband owns 50 %, and his wife also owns 50 %. He leaves behind his wife and two children. The husband's 50 % half is divided as follows:

  • Wife receives an additional 12.5 %
  • Child 1: 18.75 %
  • Child 2: 18.75 %

The new ownership structure looks like this:
Wife: 62.5 %, Child 1: 18.75 %, Child 2: 18.75 %

Will and compulsory shares in real estate inheritance Türkiye foreigners

A will is permissible in Turkey, but it must meet certain formal requirements. Importantly, the amount of the inheritance must not fall below the so-called statutory share. Spouses and children are entitled to a minimum share, which cannot be completely withdrawn through a will.

A valid will should be either handwritten or notarized. If in doubt, we recommend consulting a lawyer in Turkey.

Certificate of inheritance (Veraset İlamı) – Necessary documents

To have their inheritance registered in the land register, foreign heirs require a so-called "Veraset İlamı" (certificate of inheritance). This is issued by a Turkish court. Certificates of inheritance from abroad are not automatically recognized in Turkey.

The application requires, among other things:

  • Death certificate (translated and certified)
  • Proof of kinship (e.g. family register)
  • Turkish tax number
  • Valid passport

Conclusion on real estate inheritance in Türkiye for foreigners

The Real estate inheritance Türkiye foreigners is clearly regulated and also offers legal certainty for foreign owners. Anyone who owns real estate in Turkey should familiarize themselves with the rules of inheritance law early on. In the event of death, clear statutory inheritance quotas apply. In joint ownership, only the deceased's share is inherited – and even here, this is subject to strict legal regulations. A will can direct the distribution but must respect statutory shares.

Immobilienerbe Türkei Ausländer – rechtliche Übersicht

👉 Read also: How does buying property in Turkey work?

Sources

 

Note: This information is based on Turkish law. For individual advice, please contact a lawyer.

 

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