Have you ever had a question: is the property inherited in Turkey? If you are one of the real estate owners in Turkey and you have a desire for your children to inherit this property, but you do not have enough information about this question, then as usual, dear reader, you are in the right place, as we will provide a list of the information you need to answer your question.
We open our discussion by detailing the meaning of the inheritance of real estate in Turkey, which is the wholesale transfer of the property of the owner of the property after he dies to become the property of the legal heirs, and this process takes place under the supervision of special laws through which this transfer is regulated while ensuring the application of conditions and provisions that we will also detail.
And what matters most to you as a foreign citizen in your question is that the Turkish government allows real estate to be inherited, as well as the ownership of real estate in its lands by foreigners, but this of course includes exceptions for a number of nationalities from specific countries. Some restrictions apply to their ownership of real estate in Turkey.
And to answer the question whether the property is inherited in Turkey, it is also necessary to answer another question, namely, how is the property inherited in Turkey in the first place, since buying a property in Turkey by a foreign person does not prevent it from being still subject to Turkish law and is imposed on it like others. Among the real estate is the so-called inheritance and transfer tax, and the value of the amount that must be paid to realize the value of this tax is determined by several factors, but the main factor in determining the value of the transfer and inheritance tax is the geographical location in which this property is located.
And we must mention who are the heirs for whom the real estate inheritance law in Turkey has legalized the right to obtain the inheritance as it allows members of the family of the owner who passed away to obtain his immovable property and that if the deceased had not previously made an official certified will as for the arrangement In which the heirs are placed, we mention the first to obtain a part of the inheritance, namely, the family of the deceased from the children, husband or wife, and if he does not have children or parents, the inheritance is shared by the husband or wife with the grandfather of the deceased, as well as his brothers if they are present. The last people entitled to a part of the inheritance are the grandchildren and their children, according to the text of the Turkish law on the issue of inheritance.
And if the deceased person does not have any surviving relatives or children, his heirs in this case will be from the husband or wife's share in full, and if the deceased does not have even a husband or wife, then all his property becomes the right of the Turkish government, which is established By seizing and owning it.
And the completion of the inheritance process requires a set of papers and transactions that include the so-called inheritance inventory and clearance of liability, so that before the inheritance, the entire debts of the deceased are paid to the banks and the payment of installments, mortgages, etc., and that of the inheritance before it is distributed to the heirs.
According to the Turkish law concerned with the issue of inheritance, half of the deceased’s property is granted to the wife and the rest to the children, while ensuring that the sons and daughters each get an equal share of others without differentiating between the sex in terms of male or ethnic group.
We will complete our conversation by stating what is needed to transfer the ownership of the property to the heirs, as this matter, like other transactions, must require a set of papers that include each of the following family statement also called in the name of inheritance inventory through which the names of the heirs are mentioned and the kinship link that brings them together with The deceased person has to be translated into Turkish and to be certified as well.
Second: Registration in the tax registry in Turkey with the aim of obtaining a tax number.
It also needs to have a valid Turkish passport with personal photos and to ensure that inheritance tax is paid in Turkey.
Foreign residents in Turkey must pay inheritance tax and transfer if they wish to bequeath their property after death to members of their family in the event that this property is located within the borders of Turkish territory and the heirs pay the inheritance tax and transfer after the heirs' money is handed over and the value of the amount is Who as one of the heirs must pay it approximately eight or ten percent, depending on the most important factor in determining the value of inheritance and transfer tax, which is the geographical location of the property.
And now we will move in our article that answers the question of whether the property is inherited in Turkey to another topic, namely, the time at which the property is registered in the name of the new heirs, as the person who gets heirs must work as soon as possible to register the property that was bequeathed to him In the General Directorate of Land Registry and Land Registry in Turkey, and as a foreign resident in Turkey, this matter requires you to hand over the inheritance notification document and also with it the family certificate, all of this of course after making sure of the inheritance tax payment and moving to become after completing all of the above it is possible That the property is registered in the name of the new heir within a period of time not exceeding several days.
And the question may be whether the property bequeathed in Turkey is not the only question that may have come to you as a foreigner who owns a property in Turkey, as you may wonder about the possibility of allowing you as a foreigner to write a will in which you specify your desires regarding how to dispose of your property in Turkey after death, so we will give you the answer to this as well.
According to Turkish law, you can write a will, but provided that it is prepared in advance and before death, and in a way that fulfills the conditions stipulated in Turkish law in order for this will to become valid and officially recognized by the Turkish government. What are the conditions for writing this will?
The conditions for writing the will of the inheritance include each of the following: That this will be written in the handwriting of the property owner and he himself states important details such as the date of writing the will, day, month, and year, and that he finishes writing this will with his own signature.
After the owner writes this will, he must deliver it or present it formally to the Turkish government or a notary, and that this will be signed before two witnesses in order to be considered official and valid, and after completing these procedures completely and completely, you In the Magistrate’s Court or the Court of First Instance that specializes in issues of inheritance and inheritance, to follow up on matters related to this will, and the completion of the process may require some time.
And you might also have the idea, can I deprive specific people of the inheritance?
And to answer your question, we inform you of the possibility of applying this, as it allows you as a real estate owner and owner of the inheritance, or you deny one of the heirs from obtaining part of your property after your death, provided that you present the reasons that led you to deny him his right to inherit before the court and that Being a legal heir, the law allows him to obtain the inheritance, so the law must also deprive him of it.