?Can the property be inherited in Turkey

2022/04/29
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?Can the property be inherited in Turkey

Laws governing the inheritance of properties in Turkey


With the increase in the demand for real estate in Turkey, there are many questions that revolve around it. There are many problems that occupy foreign investors, the most important of which is (Is the property inherited in Turkey?)

Given the importance of this topic, the editorial team at Skyline Real Estate has prepared a comprehensive report for you on the issue of inheriting real estate in Turkey, in which we hope to answer your various inquiries.

 

Real estate inheritance law in Turkey:

There are those who wonder about the law of inheriting real estate in Turkey for foreigners. Will the Turkish law be applied or the law that is applied in the country to which the foreigner belongs?

Sometimes Turkish law and the laws of a foreign country may be followed, but when we talk about inheriting real estate, it will be based on what Turkish law stipulates because real estate is immovable property.

What you should know in this context is that the same laws that apply to Turkish citizens apply to foreign citizens.

 

Who inherits real estate in Turkey?

Through the following paragraph, see who is entitled to inherit real estate in Turkey according to the provisions of the Turkish Constitution.

First: the husband/wife/children and the inheritance is distributed equally among them.

Second: If the deceased did not have children, besides the wife the father and mother inherit, and if the parents are not alive, the grandfather and grandmother inherit a share.

Third: If the deceased did not have children, a father or a mother, then the brothers and sisters can take part of the inheritance or the real estate that he left.

Fourth: In the absence of all of the above-mentioned, the grandchildren and their children can take a share of the inheritance.

It should be noted that if the deceased did not have anyone to inherit from him except his wife, then everything he owned goes to her, and in the absence of everyone, all what he owned goes to the Turkish state.

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How is inheritance distributed in Turkey?

Do you think that upon the death of a foreigner it is possible to immediately distribute the inheritance to his family, his relatives and everyone related to him? Definitely not, as it must be checked first if there is any will. If it exists, it must be implemented, and if it does not exist, it must be distributed according to what the law stipulates.

It should be noted that a very important thing is that the heirs can demand that the inheritance left by the deceased be distributed according to the laws stipulated in their country and it is not necessary that the constitution be adhered to in Turkey.

 

Information about the Will of Inheritance in Turkey:

We have previously indicated that the provisions of the will left by the deceased must be adhered to when distributing the inheritance and must be taken into consideration before it is distributed according to the law, but when is the will recognized or legal?

There are many conditions that must be met by the clerk of the will in order for it to be official and recognized, and they are as follows.

- He must be over the age of fifteen.

- To be of full mental capacity (there should not be any disease affecting his mind).

- It must be written by the owner of the relationship in his own handwriting.

- To be signed by two witnesses.

- The person concerned must sign it.

- It must be certified by the notary.

- The date on which the will was written must be stated in detail.

 

Real estate inheritance tax in Turkey:

When foreigners inherit real estate in Turkey, there is a tax that must be paid, which ranges from 1% to 10% of the total property value, but in general it is moderate and cheap compared to the inheritance taxes that you must pay in Europe and this is one of the most important and prominent advantages that encourage foreigners to own property In Turkey and not in other countries of the world.

There are many factors that determine the value of the inheritance tax, such as: the status of the property, i.e. its specifications (area - its location - whether it is newly built or old - its decorations - the view it enjoys - its value) and other details.

As well as the residence under which the foreigner resides in Turkey, is it a long stay? short term? Or is he not residing in Turkey?

This tax is paid to the competent authority in May and November of each year, and it must not be delayed more than three years.

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When is one of the heirs prevented from obtaining his share?

One of the heirs may be prevented from obtaining his share of the inheritance in Turkey in some cases, such as if the owner of the property or the real estate owner submits a request to the court after enclosing them with convincing reasons, but it is not necessary that his request be accepted, as the court may reject and may accept.

 

Documents for transferring real estate to heirs:

In order to transfer the ownership of real estate owned by the deceased to the heirs, the following documents must be provided.

1 - Each of the heirs must obtain his own tax number from the Tax Department in Turkey.

2 - A family statement in order to show the relationship of each of the applicants to the deceased.

3 - Personal photos.

4 - A valid passport.

(Note: All papers and documents must be translated into Turkish and also certified by the notary public).

Those who are concerned should be careful when extracting documents and about following up on all legal procedures. It is recommended that a successful and specialized lawyer be hired to save you time and effort and money.


 

Types of wills in Turkey:

If you are interested in real estate in Turkey and the regulations and laws related to it, let us tell you about the types of wills in the real estate inheritance law, there are three types.

The first type: It is an oral will, and it is relied upon in some cases only, such as war or illness that prevents the person concerned from writing it (two people must represent him to write it).

The second type: It is a handwritten will (written by the concerned person in his own handwriting with mentioning the date of the day he wrote it and then it must be signed).

The third type: the official will, which is written by the officials or officers in the notary's office. This type of will is the best because it is easily accepted in the competent Turkish courts.

 

Through the following paragraph, we will review together some of the terms that are used in the field of inheritance, which are as follows:

Inheritance: the property or money left by the deceased person.

The heir: the person who receives a part of the inheritance left by the deceased.

Inheritance tax: It is a specific percentage of the total property value that is paid by the heirs when the property is transferred to them.

Will: A document in which the manner in which the inheritance is to be distributed is stated.

 

After all this information that we have provided to you, we hope that you have received a full answer to your inquiry about the possibility of inheriting real estate in Turkey, and you can stay informed on our website and our social media platforms to see all that is new about real estate in Turkey.

 

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Ziya Gökalp Mah. Süleyman Demirel
Bul. Mall Of İstanbul Ofis blok Kat: 10
No: 80, 34480 Başakşehir/İstanbul

  00905364539111
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