All you need to know about Turkish real estate inheritance law is contained within this blog. Questions arise for those looking for property for sale in Turkey or those who want to own real estate in Turkey. Overseas buyers have many questions about the long-term viability of real estate ownership for owners, whether Turks or foreigners. There are also many doubts about the mechanisms, procedures, and conditions of inheriting real estate in Turkey, particularly for foreigners.
We will try to review the most critical Turkish laws related to the inheritance of real estate for foreigners and locals. We can clarify some points that may remove many preconceived false opinions and send more reliability and reassurance to all who wish to purchase in the Turkish real estate market in 2021.
Turkey’s Real Estate Inheritance Law
In Turkey, the longevity of real estate ownership
Turkish property is freehold, whether it belongs to Turks or foreigners from any country. It is protected by a title deed called “Tapu,” which is complete, permanent, and unrestricted by any condition or duration. No government agency has the authority to manage it. Turkish law has assured the easy transfer of property to his heirs through a bundle of simple rules and procedures that we will discuss in-depth in the property owner’s death.
Inheritance Laws in Turkey: The Spatial Principle
Important rules governing Turkish inheritance tax laws is (the property’s location) because the Turkish rule applies to real property located within Turkey’s borders, including real estate and immovable property, and inheritance laws apply to movable property in the country of the deceased owner’s nationality.
According to Turkish law, the estate is inherited without reduction for foreigners who have a husband, wife, or children, and the legal heirs have a husband, wife, or children, and civil inheritance law in Turkey divides 50% of the property of the husband or wife and 50% of the children equally without distinction between male and female, and the inheritance can be divided into Islamic law for whoever
In Turkey, it is possible to write a will?
It is possible to write the landlord’s will in Turkey to show the personalities of the heirs after the landlord’s death. The Turkish courts will consider the landlord’s choice after they are deceased. Turkish Civil Status Law explains what will happen regarding the will in Turkish law in this regard; foreigners must prepare the choice to be legacies.
According to Turkish law, the person writing the will must be over the age of 15, have total mental capacity. The will must be written by hand, including the date and include the signature and the person concerned must present the will either to the court or a notary public.
The properties direct heirs
If there is no certified will, the heirs are as follows, in order of priority, according to Turkish immovable property law:
The children, wife or husband, are the first to inherit the deceased, and they receive particular shares.
If the deceased person had no offspring, the deceased mother and father would receive the inheritance.
If there are no children or parents, the inheritance is split between the grandfather and his siblings.
The grandchildren and their descendants are the last of the deceased’s heirs.
If the dead has no living relatives, his property is solely owned by his wife or spouse and cannot be shared.
In the absence of heirs, the deceased’s property passes to the Turkish government.
The papers required in Turkey to transfer property to heirs
The following documents are filed for the transfer of ownership through one of the heirs:
The relationship and kinship of the heirs are certified (legacy inventory) and translated into Turkish. Obtaining a tax number, which entails registration in Turkey’s tax register.
A valid passport is required.
Personal photographs should be provided.
Tax on Inheritance
Overseas buyers are subject to the law (inheritance tax) if the inherited money or property is located in Turkey, whether the heir lives in Turkey or outside it if he obtained funds through inheritance or transfer without compensation. However, compared to other countries in the European Union, foreigners are not subject to the law (inheritance tax). Law of Succession Article 9 and property transfer of ownership states the heirs live in the same foreign country as the deceased. In that case, the tax declaration must be submitted within four months of the inheritor’s death; the inheritance tax must be paid within three years, according to Turkish law, in May and November.