Inheritance and property transfer laws in Türkiye

Inheritance and property transfer laws in Türkiye

Table of contents

These days, many people choose Turkey as an investment destination. These people generally buy property to invest in this country, which is why it is necessary to have sufficient information about the laws related to its transfer after death. Paying attention to this issue will ensure that there will be no problems in the future in transferring capital to the heirs of the person. Due to the importance of this issue, we intend to comprehensively discuss the inheritance and transfer of ownership laws in Turkey in this article so that we can take a small step towards guiding you, dear ones, in the field of inheritance and legacy laws in this country.

What is the inheritance law like in Türkiye?

Inheritance law in Turkey applies to all citizens residing in the country, whether Turkish or non-Turkish. Let us give an example to better understand this issue. Imagine that you have purchased a property worth 400 thousand dollars in this country and have acquired Turkish citizenship through this. You are one of the people who must follow the inheritance laws of this country. If you are one of the people who have acquired residency in this country through other methods but are not considered a Turkish citizen, you must follow the inheritance and legacy laws of your country. In this country, the property left by a deceased person is divided among his close survivors.

Types of inheritance in Türkiye

Types of inheritance in Türkiye include the following:

  • Movable property

One type of inheritance in Turkey is movable property. This property includes various items such as cars, mobile phones, bicycles, household furniture and the like. The inheritance declaration certificate issued by the Turkish notary public specifies the share of each heir in this property.

  • Property

The ownership of a property is also transferred to the heirs after the death of a person. Turkey has also granted this right to foreign citizens and through it they can easily divide their properties among their heirs. If you are planning to buy a property in Istanbul, please contact our experts..

Types of inheritance in Türkiye

  • Debts and taxes

The inheritance tax law is one of the laws that applies to the heirs of a deceased person. In fact, the heirs must pay the tax imposed on their inheritance in full. Furthermore, the debts of the deceased person are also considered part of his inheritance.

Inheritance and legacy laws in Türkiye with a will

If a person has made a will before his death and the share of each person is determined in it, the law acts according to the will and the transfer of ownership is carried out based on it. It should be noted that if this will is written in another language, it must be translated into Turkish. In order for this will to be official, it must also be registered in the notary’s office.

Inheritance and Inheritance Laws in Türkiye Without a Will

According to the inheritance laws in Turkey, if the deceased person does not have a will, his property and assets will go to his blood heirs. This also applies to the debts of the deceased person. In this situation, all the property of the person is divided equally between his spouse and children, with 50% of the inheritance going to the children and the other 50% to the spouse.

According to Turkish laws, all children benefit from the same share and there is no difference between girls and boys. If the deceased person does not have children, according to the inheritance laws in Turkey, this 50% will go to his parents if they are alive. If the person’s parents are also not alive, then part of the inheritance will go to his siblings.

Inheritance and Inheritance Laws in Türkiye Without a Will

Inheritance and inheritance laws for Turkish citizens

When the deceased is a Turkish citizen, a letter is automatically sent to the Civil Registry Office, Cadastre and Tapu after death. This letter is sent so that the person’s property can be fully examined. After this letter is sent, the court examines the documents and divides the inheritance based on them. The result will also be sent to the notary office in the form of a letter. The notary office sends a summons to the heirs, which discusses the inheritance share and the process of its transfer. Finally, the heirs, after paying the specified inheritance tax, go to the court to examine and divide the inheritance.

Inheritance and inheritance laws in Türkiye for foreigners

If the deceased is not a Turkish citizen, his family can file a case for inheritance transfer by going to court and presenting their identification documents. If there is no will, the inheritance transfer will be carried out according to the laws of the country of origin. If the person has left a will, it must be translated. After doing this, this will must be approved by the Iranian Ministry of Foreign Affairs and Justice. After all these steps, it is necessary to have the will approved and notarized in Turkey so that you can rely on it in court without any problems.

Inheritance and inheritance laws in Türkiye for foreigners

What is inheritance tax like in Türkiye?

One of the questions that many people have is about inheritance tax in Turkey. In response to this question, it does not matter whether you are a foreigner or a Turkish citizen when it comes to inheritance tax. You must pay the specified tax based on the location of the property and other related conditions. It should be noted that the amount of inheritance tax in this country is lower compared to European countries and is generally between 1 and 10 percent of the property value. If you have any questions about rental tax in Turkey, you can refer to the linked content.

What are the documents required for inheritance monopoly in Türkiye?

The documents required for inheritance monopoly in Türkiye are:

  • Death certificate of the person
  • Documents from heirs to prove their relationship to the deceased person
  • Personal photo
  • Tax code
  • Passport

مشاور خرید ملک در استانبول Buying a property in Istanbul

Final words

In this article, we have tried to familiarize you with the laws of inheritance and transfer of ownership in Turkey.

The law of inheritance in this country is structured in a way that takes into account the interests of all family members. The important point is that property is considered an inheritance if it is located in the territory of this country. If you are a non-native person living in this country, you should be fully aware of the laws related to inheritance in it so that you can invest in this country with more confidence. Turkish laws on the subject of inheritance are quite clear and specific, and if you are aware of them, you do not need to worry about this.

Frequently Asked Questions

  1. If one of the deceased’s children predeceased him, who will receive his share of the inheritance?
    In this situation, this child’s share of the inheritance will go to the other children of the deceased person.
  2. What does hidden share in a will mean?
    When the deceased person’s relatives consist of 3 inheritance groups but the person has not included anything in their will, the hidden share law in the will will apply. In this situation, 50% of the person’s property is considered as a hidden share and transferred to these relatives.
  3. What is the first step in the inheritance monopoly process?
    The first step in this process is to obtain a certificate of inheritance. This certificate fully identifies the heirs and their shares.

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