Purchase of real estate in Turkey for most far-sighted buyers — This is a serious step, when taking all conditions and factors should be taken into account. In particular, in addition to the liquidity and characteristics of the property, it is important to understand the country's legislation governing the transfer of ownership of real estate by inheritance.
How is real estate inheritance carried out in Turkey, what rights are given to foreign owners, how to draw up a will, enter into an inheritance, and how much does it cost? We will tell you in detail in our expert article.
Content of the article:
- Law on inheritance of real estate in Turkey
- Drafting a will
- Inheritance of real estate in Turkey in the absence of a will
- How inheritance is divided between relatives in Turkey
- Inheritance of real estate in Turkey for foreigners
- Registration of inheritance in Turkey
- Forms of wills in Turkey
- The procedure for entering into inheritance in Turkey
- Inheritance tax in Turkey
Law on inheritance of real estate in Turkey
Inheritance law in Turkey applies to both local citizens and foreigners who own homes in the eastern state. That is, a foreign citizen legally has the opportunity to register an inheritance for the transfer of his property located on the territory of the Republic of Turkey, if all legal directives are followed.
The key aspects of Turkish inheritance law are:
Making a will
As in any other civilized state, Turkish citizens have the opportunity to make a will. Foreigners are also entitled to the same rights, according to the “principle of reciprocity.” But for the document to be legal, it must be drawn up taking into account the articles of the Turkish Civil Code.
Basic requirements for the person making a will:
- age — at least 15 years;
- adequate mental state.
If the heir/heirs do not agree with the way the property is divided, they have the opportunity to file a petition for review of the document in accordance with the procedure provided for by Turkish laws. Any claims related to the determination of inheritance rights in Turkey are considered by the magistrate court and the court of first instance. It is quite difficult to predict the duration of the litigation process. The deadline is determined by the workload of the legal authority and the complexity of the case.
Inheritance of real estate in Turkey in the absence of a will
If a will has not been drawn up, Turkish law provides for a certain hierarchy or order of succession:
- Children and spouse have first priority of inheritance.
- If there are no offspring and no husband/wife, then the inheritance is transferred to the parents.
- If the parents die, the right to succession passes to the brothers and sisters, and then — to grandchildren and great-grandchildren.
If the owner has no heirs, the accumulated benefits are transferred to the disposal of the Turkish government.
How is inheritance divided between relatives in Turkey
Inherited shares between relatives are distributed as follows:
- The inheritance is divided into equal parts between the husband/wife and children.
- The heir-spouses together with their children receive ¼ property.
- The spouse sharing the inheritance with the parents and their children receives the half prescribed by law.
- If the deceased's estate is to be divided between the spouse and the grandparents and their children, they are entitled to ¾ shares according to law.
Important! The Civil Code regulates the distribution of property between relatives, providing for some restrictions. In the inheritance law of the Turkish Republic, there is such a thing as a “reserved part”. This is that part of the share of the inheritance established by law to which heirs without a will have full rights.
The reserved portions of the share provided by law are distributed as follows:
- no more than 75% — children.
- no more than 50% — father and mother.
- no more than 25% — brothers and sisters
- no more than 50% — spouse without children.
If the heir is a minor child, the right to manage the property is given to his officially married father or mother, or third parties (guardians) determined by the court if there are no parents.
Inheritance of real estate in Turkey for foreigners
Turkish legislation regarding the inheritance rights of foreigners in Turkey is based on the “principle of reciprocity”. Thus, automatic inheritance of real estate in Turkey by a citizen of the Russian Federation is not possible. To transfer the rights to inherit their Turkish apartments, Russian owners must draw up a legally valid will.
The process of preparing documents for inheriting real estate located abroad requires a serious and professional approach. And, as a rule, in this matter you cannot do without the help of a good lawyer. Since an apartment or house in Turkey is a profitable and reliable asset, it is very important that it remains in the family, regardless of the circumstances.
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Registration of inheritance in Turkey
The best way to transfer an inheritance — take care of drawing up a written will. The legality of the procedure is confirmed by two witnesses and a state notary (or other officially authorized person). There are two main requirements for witnesses: age of majority and legal capacity.
The testator writes a will for real estate in Turkey by hand, puts a date and signature.
As a rule, a testamentary document is prepared directly at the notary's office. The owner will need the following documents:
- Passport (original, copy with photo, translation into Turkish).
- Copies of heirs’ passports and their translation into Turkish.
- Photos — 3 pieces
- TAPU (certificate confirming ownership of property).
- Mental health certificate. Remember that the validity of the certificate is limited to one day. It is important to have time to transfer it to the notary.
It is not necessary to have a TIN in Turkey. But you cannot do without a licensed translator during the procedure. Witnesses also need to have their passports with them.
The will is drawn up in three copies, which are handed over to:
- to the interested party;
- to the Official Documentation Office of the Republic of Turkey;
- To the Ministry of Housing of Turkey.
If the testator needs to revoke a valid will, you can update the document. New amendments that are incompatible with the old ones will replace them.
Forms of wills in Turkey
Drafting a will is possible in two forms:
- written;
- oral.
Inheritance in Turkey for Russians, Belarusians, Ukrainians and other foreign citizens must be prepared in writing and executed in accordance with all official regulations in a notary office.
The will is kept by a notary and, if necessary, can be submitted to the court to confirm inheritance rights.
Procedure for inheritance in Turkey
Step-by-step instructions for receiving bequeathed property:
1. Preparation of a package of documents:
- copy of the will;
- copy of the testator’s death certificate;
- documents confirming the relationship with the testator.
2. The heir contacts a lawyer in Turkey (preferably a Russian-speaking one) and hands over the documents to him.
3. The lawyer submits a petition to the court, attaching documents. If no difficulties/clarifications arise, after a short period of time a court decision is made, according to which the heir receives TAPU on the property.
Important!
If the document was drawn up in the country where the heir lives and certified according to all the rules by a notary, it will also have legal force in the Republic of Turkey. But to do this, the will must be certified at the Turkish consulate, and then forwarded to the municipal court of the region where the property is located.
4. The court ruling is forwarded to the Cadastral Department, where the certificate of ownership of the object is reissued to the heir.
5. The notary records the fact of inheritance in the Chamber of Notaries and transmits the information to the Turkish embassy at the place of permanent residence of the heir. Embassy employees notify the regional registry office about this.
Inheritance tax in Turkey
Donations and transfers of inheritance to real estate impose certain tax obligations on the heirs. The amount of tax is correlated with the cost of housing, which is determined according to the inventory carried out, on the date specified when drawing up an inheritance or drawing up a deed of gift. That is, the lower the value of the property, the lower the tax deductions. The amount of the contribution, in comparison with the EU powers, is small. The rate varies from 1% to 30%.
The law provides for payment of inheritance tax twice a year (May and November) in equal payments over 3 years. Foreigners pay an additional state fee.
Spacious apartment 2+1, 100 m², in a 2020 complex with a swimming pool, parking and security. Fully furnished, beautiful view of the banana garden
2+1
100 m²
9313
Spacious apartment 1+1, 70 m², in a 2018 complex with a swimming pool, parking and security. Fully furnished, beautiful sea view from a large balcony
1+1
70 m²
9312
Cozy apartment 1+1, 70 m², in a 2018 complex with a swimming pool, parking and security. To the sea - 500 m, to the center - 250 m. Fully furnished, beautiful sea view.
1+1
70 m²
9311
Cozy apartment 2+1, 115 m², in a 2012 complex with swimming pools, parking and security. To the sea - 1000 m, to the center - 750 m. Fully furnished, beautiful view of the sea
2+1
115 m²
9310
Bright apartment 2+1, 100 m², in a 2010 complex with a swimming pool, recreation area and parking. To the sea - 700 m, to the center - 500 m. Partially furnished.
2+1
100 m²
9309
Cozy apartment 2+1, 115 m², in a 2010 complex with swimming pools, parking and security. To the sea - 1200 m, to the center - 400 m. Fully furnished, suitable for registration of a residence permit.
3+1
115 m²
9308
Project 400 meters from the Mediterranean Sea. The area is open for residence permits
1+1
65 m²
9307
Apartment 2+1 with furniture and appliances and beautiful mountain views
2+1
105 m²
9306
Complex with hotel infrastructure 800 meters from the sea
1+1
60 m²
9305
Furnished 2+1 apartment of 95 m² in Obagol district. House of 2014, only 250 meters to the sea, 50 meters to the center. The complex has a swimming pool, fitness, sauna.
2+1
95 m²
9304
Bright furnished apartment 1+1 in the Oba area, 42 m², with a balcony. House of 2022, 1000 m to the sea. Complex with a swimming pool, fitness room, sauna and steam room.
1+1
42 m²
9303
Cozy furnished apartment 2+1, 100 m², with a separate kitchen and two balconies. House of 2000, just 300 m from the sea. The house has an elevator.
2+1
100 m²
9302
Cozy furnished apartment 1+1, 60 m², in a modern complex of 2020. Excellent location - only 500 m to the beach and 300 m to the center. The complex has a swimming pool, sauna, fitness and landscaped garden.
1+1
60 m²
9301
Modern apartment 70 m², in a 2023 residence with rich infrastructure. Free transfer to the sea and the center, indoor and outdoor pools, SPA area, fitness, cinema and much more.
2+1
70 m²
9300
Cozy apartment 1+1, 50 m², in a 2022 complex with swimming pools, SPA area, fitness and security. Excellent location: 650 m to the sea, 250 m to the center. Fully furnished.
1+1
50 m²
9299
Spacious 4+2 villa in Kargicak area, located in a villa complex. Area 290 m², land plot – 350 m². The house was built in 2006. The villa is furnished, has three balconies and spacious terraces. Distance to the sea – 4000 m, to the center – 2000 m.
4+2
290 m²
9298
Bright 1+1 apartment with stunning views of the Mediterranean Sea in the Calais area. The house was completed in 2024, distance to the sea - 600 m, to the center - 800 m. Fully furnished, located in a complex with rich infrastructure.
1+1
65 m²
9297
Furnished 2+1 apartment with a convenient layout, in a house built in 2005, 500 m from the sea and 150 m from the center of Alanya.
2+1
90 m²
9296
Bright duplex 4+1 with panoramic view, after renovation, located in Bektash area. 3500 m from the sea and 2000 m from the center. Possibility of obtaining a residence permit
4+1, Duplex, Penthouse
160 m²
9295
A solid project from a reliable developer 1000 meters from the sea
3+1, Duplex, Penthouse
150 m²
9294
These materials have been prepared for informational purposes and are not of a commercial nature.
Point Property — a certified real estate agency that specializes in providing a full range of real estate services for transactions with residential and commercial real estate in Turkey. Our company takes care of all the organizational aspects of a real estate transaction: searching for an object, organizing a sightseeing tour, assistance in collecting documents and checking the legal purity of documentation, support in re-registration of ownership. In addition, we provide our customers with a wide range of after-sales services.
