Title Deed Transfer and Inheritance Law Process for Foreign Heirs

The title deed transfer and inheritance law process for foreign heirs begins with the determination of the title of inheritance and continues with the registration of the immovable property in the land registry in the name of the rightful owners. The transaction that takes place through inheritance is not a legal sale, inheritance transaction. In connection with this topic Inheritance Law You can also review the content titled .

The fact that the foreign heir does not reside in Türkiye or does not have a residence permit does not eliminate the right to inherit. However, the citizenship of the heir and the region where the real estate is located can be examined separately in terms of whether the real estate can be kept in ownership after the transfer. About the relevant aspect of the process Transfer of Inherited Real Estate in Türkiye to Foreign Heirs There is detailed information on the page.

Before Deed Transfer: Inheritance and Documents Are Prepared

Before applying to the land registry office, it should be determined who inherited the real estate, who all the heirs are and the share ratio of each heir. This information is determined through the inheritance certificate, also known as the inheritance certificate.

In cases where there are foreign heirs or foreign heirs, the inheritance order may need to be obtained from the civil court of peace. The court determines the heirs by examining birth, marriage, divorce and family records in the foreign country.

Documents that should be included in the startup file

• Death certificate of the testator,
• Passport and identity records of the testator,
• Heirs' passports,
• Birth and marriage certificates,
• Family or population registration samples,
• Divorce, custody and adoption decisions, if any,
• Will or inheritance agreement, if any,
• The title deed or block-parcel information of the real estate,
• Appropriate power of attorney if follow-up with a lawyer.

For documents brought from a foreign country, apostille or consular certification may be required depending on the country. The documents must be translated into Turkish by a sworn translator and the necessary notary approvals must be completed.

Which Law Applies to Real Estate in Türkiye?

The general rule in inheritances containing foreign elements is that the inheritance is subject to the national law of the deceased. On the other hand, Turkish law applies to immovable properties located in Türkiye.

For this reason, even if the inheritor is a foreigner, the mandatory rules of Turkish inheritance and title deed law are taken into account in terms of an apartment in Istanbul, a land in Antalya or a workplace in Ankara.

The law of the country where the inheritance is located is important in opening, acquiring and sharing the inheritance. Different procedures may need to be carried out for real estate in Türkiye and real estate in a foreign country in the same inheritance file.

Can an Inheritance Certificate Obtained from a Foreign Country Be Used in the Land Registry?

The certificate of inheritance issued by a foreign court or authority is not always directly accepted by the land registry office in Türkiye. Inheritance documents received from courts abroad may need to be approved by Turkish courts.

Depending on the nature of the document, it may be considered to obtain a recognition decision or to request a new inheritance certificate from the civil court of peace in Türkiye.

Especially if there is real estate in Türkiye, a certificate of inheritance obtained directly from the Turkish court can ensure that title deed and tax transactions are carried out more regularly.

Tax Stage: Submission of Declaration

The transfer of real estate in Türkiye to a foreign heir by inheritance is subject to inheritance and transfer tax. The fact that the parties are foreigners does not automatically exclude the goods located in Türkiye from the scope of tax.

Heirs can submit inheritance and transfer tax returns together, or each heir can submit separate returns for his/her share. For heirs living in a foreign country, the opportunity to apply through Turkish consulates may also be considered.

In addition to the real estate, the declaration must also show bank accounts, vehicles, company shares and other estate values ​​in Türkiye. Documented debts and certain expenses of the decedent may be taken into account in tax calculation.

During the Title Deed Transfer: How to Transfer the Inheritance?

After the deed of inheritance is received, an application can be made via Web Title Deed or to the relevant land registry office to transfer the real estate to the name of the heirs. It is not necessary for all heirs to initiate the application together; One of the heirs may request inheritance.

Basic documents that may be requested at the land registry office

• Passport or country identity document belonging to the foreign heir,
• Original or certified copy of the certificate of inheritance,
• If there is representation, power of attorney, guardianship decision or other representation document,
• TCIP policy valid for real estate in the nature of a building,
• Required apostille, certification and Turkish translations,
• Other documents requested specifically for the file by the land registry office.

Revolving fund fee will be notified after the application is reviewed. If there are no missing documents, the signature procedures are completed at the appointment made by the land registry office and the real estate is registered in the name of the heirs.

Can the Title Deed be Transferred Before Tax Completion?

Registration of real estate in the name of heirs can be done without waiting for the accrual of inheritance and transfer tax. The land registry office notifies the transfer to the relevant tax office.

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

For this reason, the tax calendar to be followed by the heir who only wants to complete the title deed transfer and the heir who wants to sell the real estate immediately may differ.

After Deed Transfer: How Do Heirs Become Owners?

If there is more than one heir, the real estate is in a partnership of inheritance until division is made. The heirs can transfer the real estate to their names in proportion to their inheritance shares or make a different agreement regarding sharing. Also Inheritance Process of Foreigners Who Own Real Estate in Türkiye The issues explained in should be evaluated together with the concrete incident.

There are three basic options after title deed transfer:

1. Continuing with sharing: Each heir becomes the owner of the real estate with his own share.
2. Leaving to an heir: The shares of other heirs can be covered with money or other estate assets.
3. Selling the property: After the tax and title deed procedures are completed, the sales price can be divided into shares.

If the heirs cannot agree, an application can be made to the court to share the inheritance or eliminate the partnership. If it is not possible to divide the real estate exactly, termination of the partnership through sale may be on the agenda.

Can a Foreign Heir Keep the Real Estate?

The transfer of real estate to a foreign real person by inheritance is carried out first. After the transfer, it is evaluated whether the heir can protect the property based on his citizenship and the nature of the real estate.

If a situation is found that does not allow the foreign heir to acquire real estate, the real estate may be requested to be sold or liquidated in another way within the specified period. If liquidation is not carried out in a timely manner, the immovable property may be converted into value and the price paid to the rightful owner. Inheritance Rights of Dual Citizens in Türkiye content explains other legal points related to this stage.

This examination does not concern the right of inheritance, but the possibility of the foreigner to keep the immovable property for a long time.

Deed Transfer of the Real Estate Left by Will

The foreign person may have left the immovable property to a person designated by will instead of the legal heir. As a rule, appointed heirs acquire the inheritance upon death.

However, it may be necessary to open the will, notify the relevant parties and obtain an appointed heir certificate. If a specific immovable property is willed, additional court or land registry proceedings may be brought to the agenda for the execution of the will.

Can a Foreign Heir Transfer the Title Deed Without Coming to Türkiye?

The foreign heir can follow the deed of inheritance, tax and title deed transfer transactions through his lawyer or representative in Türkiye, with a power of attorney containing special powers.

Power of attorney can be issued at the Turkish consulate. For power of attorney prepared by a notary public of a foreign country, apostille or consular certification and a notarized Turkish translation may be required, depending on the country where the document is issued.

It is important that the powers of obtaining an inheritance certificate, filing a tax return, transfer of title deed, sharing and selling are stated in the text of the power of attorney in accordance with the transaction to be performed.

Things to Check Before Transfer of Title Deed

• Whether all heirs are included in the deed of inheritance,
• Compatibility of the land registry and the identity information of the deceased,
• Mortgages, liens and annotations on real estate,
• Inheritance debts and the possibility of rejection of the inheritance,
• Conditions for the foreign heir to keep the immovable property,
• Whether the power of attorney contains sufficient special powers.

Frequently Asked Questions

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

Yes. Residence permit is not a condition for inheritance. However, special restrictions regarding real estate acquisition are examined separately.

Do all heirs need to go to the land registry office?

One of the heirs can initiate the application for succession. In sharing or selling transactions, the participation or valid representation of all rights holders may be required.

Is a certificate of inheritance obtained from a foreign country sufficient?

Not always enough. It may need to be approved by the Turkish court or a new certificate of inheritance may need to be obtained in Türkiye.

Can sales be made immediately after the title deed is transferred?

For the sale, in addition to the title deed transfer, the inheritance and transfer tax on the real estate may also need to be paid in full.

Can a single heir transfer the real estate to his own name?

If he is shown as the sole heir in the inheritance deed, the entire immovable property can be registered in his name.

Does the transfer of title deed complete the sharing of inheritance?

Not always. If there is more than one heir, transfer alone may not end the partnership; Sharing may also be required.

Legal information: This content has been prepared for general information purposes. Title deed transfer and sharing process; It may vary depending on the citizenship of the testator, the inheritance document, the location of the real estate, the will and the citizenship of the foreign heir.