Inheritance Process of Foreigners Who Own Real Estate in Turkey

The inheritance process for foreigners who own real estate in Türkiye begins with the death of the owner, but the title deed is not automatically changed in the name of the heirs. Heirs must first document their inheritance status and then complete the tax and title deed transfer procedures. In connection with this topic Inheritance Law You can also review the content titled .

The citizenship of the foreign owner, the country where the heirs are located and the nature of the real estate in Türkiye affect the details of the process. However, Turkish inheritance and title deed law applies to houses, lands, workplaces or other immovable properties within the borders of Türkiye. Deed Transfer and Inheritance Law Process for Foreign Heirs content explains other legal points related to this stage.

How Does the Process Progress in a Single Sentence?

Death and family documents are prepared, an inheritance certificate is obtained, an inheritance and transfer tax declaration is submitted, and the real estate is transferred in the name of the heirs in the title deed.

Important distinction: As a rule, heirs acquire property rights upon death. However, in order to sell the real estate, share it, mortgage it or perform any other transaction on the title deed, the transfer of inheritance must be recorded in the land registry. Also Do Foreigners Have the Right to Inherit in Türkiye? The issues explained in should be evaluated together with the concrete incident.

First Stage: Determination of Real Estate and Owner Information

Before starting the process, it must be determined which real estate the deceased foreigner owned in Türkiye. Even if there is no title deed, research can be done through province, district, neighborhood, island, parcel or independent section information.

It should also be checked whether there are the following records on the real estate:

Mortgage and lien,
Usufruct or residence right,
Sale promise or lease annotation,
Records originating from taxes and public debt,
Military or private security zone restrictions,
Other restrictions on foreign acquisitions.

Inheritance does not automatically eliminate these records. Heirs can inherit the real estate together with its existing encumbrances.

Second Stage: Documents to be Obtained from Foreign Countries

Even if the foreign owner has passed away in Türkiye, documents showing the kinship relationship of the heirs are usually obtained from the foreign country. It is important that the name, surname and date of birth information in the documents are compatible with the passport and land registry. About the relevant aspect of the process Inheritance Procedures for Foreigners Deceased in Türkiye There is detailed information on the page.

The following documents are generally used in the file:

Death certificate,
Population or family records of the testator and heirs,
Birth and marriage certificates,
Passports of the heirs,
Will or inheritance agreement, if any,
Inheritance certificate obtained in a foreign country,
Power of attorney if there is representation.

Depending on the country where the document is issued, apostille or Turkish consulate certification may be required. Documents prepared in a foreign language may be required to be translated into Turkish by a sworn translator and the necessary notary approvals to be completed.

Third Stage: Obtaining the Certificate of Inheritance

The land registry office requests the inheritance certificate showing who will inherit the real estate and with what shares. This document is also called a decree of inheritance in practice.

Although an inheritance certificate can be obtained from the notary public in simple files that do not contain any foreign elements, applying to the civil court of peace is a more common method for files containing foreign owners and foreign family records.

The court may investigate the following matters:

Citizenship of the testator on the date of death,
Who the legal heirs are,
Order of inheritance in foreign country law,
Turkish law applicable to real estate in Türkiye,
Whether there is a will or an appointed heir.

The certificate of inheritance received from a foreign court is not always sufficient on its own for the title deed transaction in Türkiye. The document may need to be approved by the Turkish court or a separate inheritance certificate may need to be obtained in Türkiye.

Fourth Stage: Inheritance and Transfer Tax Declaration

The transfer of real estate in Türkiye to heirs may result in inheritance and transfer tax liability. The declaration can be submitted by the heirs together, or each heir can submit it separately for his/her own share.

Declaration period varies depending on the location of the death and the heirs:

Four months if the death is in Türkiye and the heir is in Turkey,
Six months if the death is in Türkiye and the heir is in a foreign country,
Six months if the death is in a foreign country and the heir is in Turkey,
Four months if the heir is in a foreign country where the death occurred,
Eight months if the heir is in another foreign country.

In addition to the real estate, bank accounts in Türkiye, vehicles, company shares, receivables and deductible estate debts should also be evaluated in the declaration.

Fifth Stage: Application for Transfer of Title Deed

After the inheritance certificate is received, an application can be made via Web Title Deed or to the relevant land registry office to register the immovable property in the name of the heirs. It is not mandatory for all heirs to apply at the same time; One of the heirs can initiate the application for inheritance.

The following documents are generally prepared for title deed transfer:

Passport or foreign country identification document,
The original or certified copy of the inheritance certificate,
If there is representation, a power of attorney containing appropriate authorities,
TCIP policy for real estate in the nature of a building,
Requested translation and certification documents,
Additional records requested by the land registry office.

Revolving fund fee will be notified after the application is reviewed. If there are no deficiencies, the appointment and signature procedures are completed and the real estate is registered in the name of the heirs.

Is it possible to transfer title deed without paying the tax in full?

It is possible to register the real estate in the name of the heirs without waiting for the accrual of inheritance and transfer tax. Therefore, the fact that the tax has not yet been paid in full does not prevent the transfer of inheritance in any case.

However, it may not be possible to sell, transfer or establish real rights such as a mortgage on the real estate before the inheritance and transfer tax on the real estate is paid in full.

Can a Foreign Heir Keep the Immovable Property?

It is possible for a foreign real person to inherit real estate in Türkiye. In addition, the citizenship of the heir and the region where the real estate is located are also examined in terms of whether the heir can keep the real estate in his possession.

If the immovable property is located in a region that is prohibited for foreigners to acquire, or if the heir is a citizen of a country where the acquisition of immovable property is not allowed in Türkiye, the transfer process may first be made, and then the disposal of the immovable property may be requested.

If a sale or other liquidation transaction is not carried out within the given period, it may be possible for the immovable property to be converted into value by the competent authorities and the price to be paid to the rightful owner.

What happens if there is more than one foreign heir?

In case there is more than one heir, the real estate remains within the inheritance partnership until division is made. Although each heir has a share of inheritance determined in the title deed, it may be necessary to act together on the entire property.

Heirs can consider one of the following options:

To register the real estate in their names in proportion to their shares,
Leaving the immovable property to an heir with an inheritance sharing agreement,
Selling the real estate together and sharing the sales price,
If an agreement cannot be reached, to file a lawsuit for the dissolution of the partnership.

In case the immovable property is left to only one heir, payments to the other heirs and the tax and title deed consequences of the transaction should be evaluated separately.

Can Foreign Heirs Perform Transactions Without Coming to Türkiye?

Foreign heirs can carry out many transactions through a lawyer or another representative without coming to Türkiye. For this purpose, a power of attorney must be issued that clearly includes powers such as obtaining an inheritance certificate, tax transactions, title deed transfer, sharing and sales.

Power of attorney can be prepared at the Turkish consulate. If it is prepared by a notary public of a foreign country, apostille or consular certification and Turkish translation may be required depending on the country.

Main Errors That Delay the Process

There are missing heirs in foreign family records,
The names in the passport and the land registry do not match,
Incomplete apostille or translation procedures,
Foreign inheritance certificate is considered to be directly sufficient,
Missing the tax return deadline,
Failure to check the suitability of the real estate for foreign acquisition,
Failure to investigate the mortgages and debts of the estate.

Quick Frequently Asked Questions

When the foreign owner dies, does the real estate inherit to the state?

No. If there are valid legal or appointed heirs, the real estate passes to the heirs. Different provisions apply to estates without heirs.

Can a foreign heir without a residence permit obtain a title deed?

Yes. Residence permit and inheritance are different from each other. However, the conditions under which the foreigner retains ownership of the real estate are also controlled.

Can a single heir apply for title deed transfer?

Yes. One of the heirs can initiate the transfer application via Web Title Deed.

Can real estate be transferred to the heirs without paying taxes?

Registration can be done without waiting for the tax to be accrued. However, sales and real rights transactions after the tax is not paid in full may be limited.

Can the foreign heir sell the real estate immediately?

First, inheritance, title deed transfer and tax procedures must be completed. If there is more than one heir, the status of the inheritance partnership must also be resolved for the sale.

Can the whole process be completed before coming to Türkiye?

Most transactions can be carried out with the appropriate power of attorney. Depending on the nature of the file, the court or official institution may request personal participation.

Legal information: This content has been prepared for general information purposes. Period; It may vary depending on the citizenship of the testator, the country where the heirs are located, the location of the real estate, the will and the debts of the estate.