Inheritance Law in Turkey | Guide for Foreigners on Property Inheritance
Last Updated: 2023-10-04
Inheritance Law in Turkey
In the world of investment and real estate in Turkey, questions about inheritance laws and the possibility of inheriting real estate pose significant challenges. Inheritance law in Turkey is a vital topic that concerns many investors and property owners in Turkey. Can foreigners inherit their property in Turkey? This is the main question that concerns many, especially since there are other countries that impose restrictions on the inheritance of real estate to foreigners. So, does Turkey adopt the same policy or are there exceptions and laws of its own?
In this article, we will seek to clarify matters and provide satisfactory answers to the most important questions related to inheritance law in Turkey. We will look at how real estate and money are distributed after death according to Turkish laws, and we will look at the legal aspects related to inheritance.
If you are thinking of investing in real estate in Turkey or want to learn more about the details of inheritance law and how to inherit real estate in this wonderful country, this article will be your comprehensive guide to better understand things. Let's start exploring the world of inheritance and real estate in Turkey together.
Inheritance Law for Foreigners in Turkey
The inheritance law in Turkey defines many issues related to the inheritance of real estate and assets to foreigners. This includes the regulation of wills and inheritance contracts and the conditions required to carry out these transactions in accordance with Article 20 of the Private and Procedural International Law. If the property allocated for inheritance is immovable such as real estate, Turkish law will apply to inheritance. This means that in case of inheritance of immovable property, the property will be subject to the provisions of Turkish law regardless of the country to which the foreigner belongs. With regard to funds and assets Other that are considered movable, the law of the country in which these funds are located will apply.
This means that legal disputes related to immovable real estate follow Turkish laws, while the law of the foreigner's deceased country is applied in relation to movable funds and assets. It stresses the importance of understanding these laws and regulations before proceeding with inheritance matters in Turkey, and getting advice from a lawyer specialized in the field of inheritance may be necessary to ensure that you comply with the laws and obtain your rights properly.
The foundations of inheritance distribution in Turkey
- Turkish Laws: Turkish laws stipulate how inheritance is distributed in general. According to Turkish laws, inheritance is divided among the legal heirs based on certain percentages. Distribution ratios depend on several factors such as the number of heirs, their relationship with the deceased, and the marital status of the deceased.
- Legal wills: If the deceased has left a legitimate will that provides for the distribution of inheritance in a certain way and the directing of real estate to specific people, these wills must be respected by Turkish law.
Who are the heirs of the property in Turkey?
In the absence of an officially certified will, the legal heirs of movable property in Turkey are determined according to the following sequential order:
- Children and husband or wife: Children and husband or wife have the right to priority in inheriting property, as they receive specific shares. If there are no children, the parents are the next heirs (father and mother). In the absence of children and parents, the husband or wife shares the inheritance with the deceased's grandfather or siblings.
- Grandchildren and their children: If there are no surviving first-degree relatives, the grandchildren and their children are the next heirs in the sequence.
- Husband or wife: If the deceased had property and there were no other heirs, the husband or wife would have the right to inherit.
- Turkish Government: In the absence of heirs at all, all the property of the deceased is liquidated and goes to the Turkish government.
Inheritance-related debts, such as bank loans or installments, must be paid from inheritance funds after clearing the testator's receivables, if any. Heirs are obliged to submit tax assessments and pay taxes due based on the tax texts in force in Turkey.
The remaining property shall be distributed among the above-mentioned categories after the payment of the outstanding debts, and the inheritance shares shall be distributed in the specified proportions. The husband (or wife) receives half of the deceased's inheritance, while sons and daughters share the other half equally. In the absence of sons or daughters of the deceased, the other half goes to the parents, and in the absence of parents, the inheritance is distributed equally among the brothers and sisters.
It is noted that the inheritance rights are equal between males and females in relation to children and wife. This information is important for foreign investors who own real estate in Turkey, and these people can follow the laws of their country in the distribution of inheritance provided that these laws apply to all heirs.
The inheritance distribution ratio is summarized as follows:
- 50% for spouse or spouse
- 50% for sons and daughters
- 50% for the father and mother of the deceased in case he does not have children.
- 25% for siblings if one of the parents is deceased.
- 50% for siblings in the event of the death of the deceased parents.
- 50% for the grandfather and grandmother of the deceased in the event of the death of the father and mother of the deceased and the absence of brothers
- 50% for grandchildren after granting the wife the first 50% in the absence of a father, mother, brothers and grandparents.
Is the inheritance law in Turkey subject to Islamic law?
This question is important and common for many individuals who are considering the issue of inheritance in Turkey, where Islamic law (Islamic law) comes as part of Turkish culture and history. It is worth noting that Turkey is a secular state, which means that religious and legal affairs are separate.
Although Islamic law plays an important role in the lives of individuals and families in Turkey, the country's inheritance law is not necessarily based on Islamic law. In 2001, the Inheritance Law No. 4721 was issued in Turkey, which implemented the single inheritance system regardless of religion or creed. This law provides for the distribution of inheritance based on kinship relations and kinship degrees, taking into account the rights of husband, wife, children, parents, brothers, sisters, grandchildren, grandparents, and others. of potential heirs.
If you want to change the distribution of inheritance based on Islamic law in Turkey, you can do so by making your own will that states the distribution of property in the way you prefer and comply with the principles of Sharia. It is important that this will be officially certified according to Turkish laws to ensure that it is properly executed after your death.
Therefore, regarding the inheritance law in Turkey, it can be said that it is not directly subject to Islamic law, but rather follows a civil legal system that applies to all citizens regardless of their religion. But individuals can implement the principles of Islamic law in the distribution of inheritance by making a certified will stating this.
Real estate inheritance tax in Turkey
The real estate inheritance tax in Turkey is one of the important aspects that must be considered when considering the issue of inheritance, and it has the advantage of being relatively low compared to many other European countries. Foreigners who own movable and immovable property in Turkey are obliged to calculate the inheritance and transfer tax upon the death of the owner and bequeath their property to their relatives.
The inheritance tax rate in Turkey ranges between 1% and 10%, and is determined based on the residence status of the inheritor and the geographical location of the property. There are two main types of property with different tax rates. The first includes property that has been transferred to the person free of charge, such as prizes, gifts and donations. The second includes property acquired by inheritance.
Foreigners are obliged to provide an accurate estimate of the value of inherited property and calculate the tax in accordance with the rates provided for in Article No. 16 of Law No. 7338. Starting in early 2022, the revaluation rate used to calculate inheritance and transfer tax has been updated.
Although foreigners are obliged to pay inheritance tax when inheriting real estate within Turkey's borders, the value of this tax is relatively low compared to some other European countries. The tax rate depends on the value of the property and the residence status of the inheriting investor, as the tax rate is lower the lower real estate prices in Turkey.
| Tax Subtraction | Tax Rate | ||
|
Property value in Euro |
Property value in Turkish lira |
Transfer by inheritance |
Tax rate through donation or gifting |
|
€28,506 or less |
500,000 TL |
1% |
10% |
|
€68,415 |
TL1,200.000 |
3% |
15% |
|
€142,531 |
2,500.000 TL |
5% |
20% |
|
€279,362 |
4,900.000 TL |
7% |
25% |
|
€518,814 |
9,100.000 TL and above |
10% |
30% |
When is inheritance tax paid in Turkey?
According to Turkish law, the inheritance tax due must be paid within a maximum period of 3 years from the date of death of the person who left the property. This period is divided into two main periods during which tax must be paid. The first period runs from the first day of May until the end of November each year, while the second period extends from the first day of December until the end of April of the following year.
In other words, heirs can pay inheritance tax within a period of three years from the date of the person's death. They should be careful and make sure that these tax payments are made on time to avoid any legal penalties or fines.
Writing a Will in Turkey Is it possible?
Yes, in Turkey, anyone can write a will specifying how their property will be distributed after their death. The will is recognized by the competent courts after the death of the person, and Turkish law respects the will of the deceased person provided that the will complies with the applicable laws and conditions.
A person must comply with some conditions to write his will in Turkey. For example, a person must be over the age of fifteen and have full mental faculties. The will must be handwritten, the date must be included in detail (day, month, year), and must bear the person's signature. Hence, the will must be submitted either to the competent court or to the notary public with its signature and the presence of two witnesses during the signing.
How to protect your inheritance rights
Legal Advice:
An important thing for foreigners who own real estate in Turkey is to consult regularly with a lawyer who specializes in inheritance laws. A lawyer plays a vital role in guiding you and helping you protect your rights and ensure that your will is properly executed.
A lawyer may provide important advice on how to deal with matters related to inheritance and its law in Turkey, including:
- Understanding with heirs: A lawyer can help you communicate with and understand other heirs about the distribution of property in a way that meets everyone's interests.
- Legal Documents and Procedures: The lawyer assists in the preparation of important legal documents such as your will and any other documents related to inheritance. It also follows up on the legal procedures necessary to properly execute your will.
- Protection from disputes: If disputes arise between the heirs or with any other party, the lawyer helps resolve these disputes by legal means.
Preparation of a will:
Preparing a precise and carefully prepared will can have a significant impact on the distribution of your property after your death. You should cooperate with a competent lawyer in Turkey to prepare a will that includes explicit guidance on how to distribute your assets. These guidelines can include:
- Determine the heirs and distribute the shares among them in detail.
- Designation of specific property to be inherited.
- Identify any additional directives regarding your property or assets.
- Officially attestation of the will in the Turkish government departments.
Your will can be one of the protection tools to ensure that your wishes are carried out accurately after your death, distributing Turkish according to Islamic law or reducing the possibility of disputes between heirs.
Therefore, we always advise at Mersat if you intend to invest in real estate in Turkey or already have property there, cooperating with a competent lawyer and preparing an accurate will can ensure the protection of your rights and organize the distribution of your property appropriately according to your wishes.
Documents required for inheritance in Turkey
To limit the inheritance of a foreigner in Turkey, the following documents must be submitted:
- Death statement from the Turkish Hospital: A death statement must be obtained from the Turkish hospital where the person died.
- Family statement translated into Turkish and certified by the Notary: The family statement must be translated into Turkish and authenticated by the Turkish Notary.
- Valid passport: A valid passport must be presented to the heirs.
- Personal photos: Personal photos of the deceased and heirs must be provided.
Documents required to transfer real estate ownership in case of death in Turkey:
To transfer real estate ownership in the event of death in Turkey, the following documents must be submitted:
- A copy of the real estate title deed: A copy of the real estate title deed proving the ownership of the property must be submitted.
- Death report officially certified: An official report of the death of the person who owns the property must be obtained.
- Inheritance notification letter issued by the Turkish Notary: The inheritance notification letter must be obtained from the Turkish Notre that recognizes the distribution of property.
- Tax numbers in the names of legal heirs: Tax numbers must be provided in the names of legal heirs.
- Passport copies of the heirs translated into Turkish and certified by the Notary: Passport copies of the heirs must be submitted with their translation into Turkish and authenticated by the Notary.
In conclusion, we reiterate the importance of understanding and adhering to inheritance laws in Turkey to ensure fair and due process distribution of property. Preserving your rights and those of your family in the future depends on being approached with caution and professionalism in this context.
If you need legal advice or guidance on inheritance and real estate issues in Turkey, the Mersat Real Estate team is here to help. We provide free consultations and ensure that you get the right and accurate information to make informed and informed decisions. Do not hesitate to contact us today for the necessary assistance and benefit from our experience in the field of real estate and inheritance laws in Turkey.
Editing by Mersat Real Estate Team©
Frequently Asked Questions:
Do foreigners who own real estate in Turkey have to prepare a will?
Yes, preparing an accurate will can be necessary for foreigners who own real estate in Turkey to ensure that their property is distributed according to their desire.
Can foreigners arrange their inheritance the way they want?
Yes, foreigners can arrange their inheritance the way they want by preparing a will specifying the distribution of their property.
Do foreigners have to pay inheritance taxes in Turkey?
There may be inheritance taxes in Turkey, but it depends on the value of the property and the kinship relationship between the heirs.
Can foreigners arrange the distribution of their inheritance based on the laws of their country?
Yes, in some cases foreigners can apply their country's inheritance laws to their property in Turkey, but this process must be done carefully and with legal advice.
How can I get more information about inheritance law in Turkey?
You can get more information about inheritance law in Turkey by contacting a lawyer specialized in this field or visiting the Turkish government website dedicated to this purpose.
Can foreigners inherit property in Turkey?
Yes, foreigners can inherit property in Turkey. However, there are some laws and conditions that they must abide by. For example, foreigners must obtain permission from the Turkish Ministry of Interior to obtain real estate ownership.
How is inheritance distributed in the case of foreigners?
When there are foreign heirs who wish to distribute the inheritance in Turkey, they must abide by local laws and Islamic law. Inheritance is distributed based on the proportions specified in the law, but people can determine their distribution according to their desire if all heirs agree to it.
Can foreigners transfer real estate property in Turkey?
Yes, foreigners can transfer real estate property in Turkey. They have to seek permission from local authorities and comply with legal procedures. The required duties and taxes must be paid and comply with the specified conditions.
Do foreigners have to pay taxes when inheriting property in Turkey?
Yes, foreigners must pay taxes when inheriting property in Turkey. These taxes are calculated based on the value of the property and on the basis of the percentages specified in local law.
Can foreigners change inheritance distribution later?
Yes, foreigners can change the distribution of inheritance at a later date if all heirs agree to this. A written agreement must be made stating the required changes.
Can foreigners get legal advice in Turkey?
Yes, foreigners can get legal advice in Turkey. It is very important to hire a local legal expert to understand the laws and procedures related to inheritance.
What are the necessary papers and documents for the transfer of real estate ownership?
To transfer real estate property in Turkey, some documents such as the original purchase contract, proof of identity, and a permit from the local authorities must be submitted. Foreigners must check the documents specific to their status.
Can foreigners bequeath the property to their children?
Yes, foreigners can bequeath the property to their children. According to the inheritance laws in Turkey, children can be among the heirs and receive a share of the inheritance based on the percentages specified in the law.
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Real Estate | Real Estate Investment | Turkey | Inheritance Law | Real Estate in Turkey | Inheritance for Foreigners | Succession Laws | Islamic Law | Property Ownership in Turkey | Real Estate Transfer | Heirs | The legacy of real estate in Turkey
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