Transfer of Inherited Real Estate in Turkey to Foreign Heirs

It is possible to transfer inherited real estate in Turkey to foreign heirs. Foreign spouse, child or other heirs; He can acquire a house, land, field or workplace in Turkey by inheritance. In connection with this topic Inheritance Law You can also review the content titled.

However, the emergence of the right of inheritance and the registration of the real estate in the name of the foreign heir in the title deed are not the same process. First, the heirs and their shares are determined, then the tax and title deed transfer is completed. About the relevant aspect of the process Title Deed Transfer and Inheritance Law Process for Foreign Heirs There is detailed information on the page.

There are two possible outcomes of the transfer process

At the end of the transfer examination to be made to the foreign heir, two different situations may arise:

• The immovable property is registered in the name of the heir and the ownership is preserved.
• The property is first passed on to the heir, but must then be sold or liquidated due to the foreign acquisition limitation.

For this reason, it is not enough to just look at the question "Can a foreign person be an heir?". The citizenship of the heir, the region where the real estate is located and the nature of the real estate should also be examined.

Turkish Law Applies to Real Estate in Turkey

In inheritances with foreign elements, the inheritance is generally subject to the national law of the deceased. On the other hand, Turkish law applies to immovables located within the borders of Turkey.

The fact that the testator and heirs are foreigners does not change this rule. The transfer of a residence in Istanbul, a land in Antalya or real estate in another city is carried out in accordance with Turkish inheritance and land registry legislation.

Heirs Are Determined First for Real Estate Transfer

The land registry directorate determines to whom and at what rates the real estate will pass through the inheritance certificate. In this document, also known as the certificate of inheritance, all heirs and their inheritance shares must be shown correctly.

In cases with a foreign heir or foreign heir, an application is usually made to the civil court of peace. The court may examine family and population records brought from a foreign country.

The basic documents that can be used in the application are as follows:

• Death certificate of the testator,
• Passports or identity documents of the heirs,
• Birth and marriage records,
• Family or population registration samples,
• Will or inheritance contract, if any,
• Title deed, island and parcel information of the immovable,
• Appropriate power of attorney if representation.

Do Foreign Documents Require Apostille?

In order for death, birth, marriage and family records obtained from a foreign country to be used in Turkey, apostille or consular certification may be required depending on the country where the document is issued.

If the documents are not in Turkish, they must be translated by a sworn translator and the necessary notarizations must be completed. If the names in the passport, family registration and land registry are written differently, name equivalence or additional document proving that they are the same person may be requested.

Is a Foreign Certificate of Inheritance Sufficient in the Title Deed?

The certificate of inheritance obtained from the court in a foreign country cannot always be used directly at the land registry office in Turkey. The foreign court certificate of inheritance may need to be approved by Turkish courts.

Depending on the content of the document, its finalization status and the nature of the issuing authority, the recognition process or obtaining a separate certificate of inheritance in Turkey may come to the fore.

Documents prepared by a foreign notary or administrative authority should also be evaluated separately according to the country and type of document in which they are issued.

When is the Tax Return Submitted?

The transfer of real estate in Turkey to a foreign person through inheritance is subject to inheritance and gift tax. The fact that the testator and the heir are foreigners does not eliminate the tax liability.

The declaration period varies according to the location of the death and the heir. If the death occurred in Turkey, the declaration must be submitted within four months if the heir is in Turkey, and within six months if he is in a foreign country.

Heirs can submit the declaration together, or everyone can apply separately for their own inheritance share.

How is Title Deed Transfer Performed?

After the certificate of inheritance is received, an application for inheritance transfer is made via Web Tapu or to the relevant land registry office. It is possible for one of the heirs to initiate the application.

The following documents are generally required at the land registry office:

• Passport or country identity document of the foreign heir,
• The original or certified copy of the certificate of inheritance,
• Power of attorney or other representation document,
• TCIP policy for real estate in the nature of buildings,
• Certified Turkish translations of foreign documents.

After the application is examined, the revolving fund fee is notified. When the documents are completed, the real estate is registered in the name of the heirs by signing the signature procedures at the land registry office.

Can Registration Be Made Without Paying Tax?

The registration of the real estate in the name of the heirs can be carried out without waiting for the accrual of inheritance and gift tax. The land registry directorate notifies the relevant tax office of the transfer.

However, it may not be possible to sell, transfer or establish a real right such as a mortgage on the real estate without paying the inheritance and gift tax on the real estate in full.

Therefore, the transfer in the name of the heir and the sale of the real estate to a third party are different stages.

Can a Foreign Heir Hold the Real Estate?

The real estate transferred to the foreign heir through legal inheritance is first transferred to the title deed. Then, it is examined whether there is an obstacle for the foreigner to keep the real estate in his ownership.

The following elements are especially important in the examination:

• The country of citizenship of the heir,
• The real estate is located in a military or private security zone,
• Being in an area closed to the acquisition of real estate by foreigners,
• Legal area and acquisition limits,
• The immovable is agricultural land or a special area.

If there is an obstacle to the protection of property, the foreign heir may be asked to sell or otherwise liquidate the real estate within the specified period. If the liquidation is not carried out, the conversion of the immovable property into a price and the payment of the price to the rightful owner may come to the fore. Also Inheritance Rights of Dual Citizens in Turkey should be evaluated together with the concrete case.

If There Is More Than One Foreign Heir

If the real estate is left to more than one foreign heir, an inheritance partnership is formed until the sharing is completed. Heirs can register the immovable property in their names in proportion to their shares. Inheritance Process of Foreigners Who Own Real Estate in Turkey its content explains other legal points related to this stage.

They can then hold the real estate together, sell it, or leave it to a single heir in an inheritance sharing agreement. If it is left to a single heir, it is possible to cover the shares of the other heirs with money or other estate assets.

If an agreement cannot be reached, an application can be made to the court for the division of the inheritance or the elimination of the partnership.

Does the Process Change in Real Estate Left with a Will?

If the real estate is left to the foreigner with a will, only a legal certificate of inheritance may not be sufficient. Court proceedings may be required to open the will, notify it to the relevant parties and, when necessary, execute the will.

Acquisition based on a will and acquisition by legal inheritance may be subject to different evaluations in terms of the limitations of foreigners on acquiring real estate. For this reason, the citizenship of the beneficiary of the will and the legal status of the real estate should be checked before the transaction.

Can a Transfer Be Made Without Coming to Turkey?

The foreign heir can follow his transactions in Turkey through a lawyer or other representative with a power of attorney containing the appropriate authorizations.

The power of attorney can be issued at the Turkish consulate. For powers of attorney prepared in a foreign country's notary public, apostille or consular certification and Turkish translation may be required depending on the country.

It is important that the power of attorney clearly includes the necessary powers for the certificate of inheritance, tax return, title deed transfer, sharing and sale transactions.

Final Control in Real Estate Transfer

• Are the heirs and shares in the certificate of inheritance correct?
• Are the names in the passport and land registry compatible?
• Is there a mortgage, lien or annotation on the real estate?
• Does the foreign heir meet the conditions for property protection?
• Was the tax return submitted on time?
• If the sale is planned, has the tax on the real estate been paid?

Frequently Asked Questions

Can a foreigner take over the inherited house in Turkey?

Yes. By completing the necessary inheritance, tax, and title deed procedures, the house can be registered in the name of the foreign heir.

Is a residence permit mandatory for title deed transfer?

Residence permit is not a condition of the right to inherit.

Can a single heir apply for succession?

Yes. The Web Title Deed application can be initiated by one of the heirs.

Is a foreign certificate of inheritance accepted directly?

Not always. The foreign court document may need to be approved by Turkish courts.

Can the house be sold immediately after the title deed transfer?

For the sale, the inheritance and gift tax on the real estate may need to be paid in full.

If the foreign heir cannot acquire the real estate, will he lose his inheritance?

He may not be able to keep the immovable property in his possession; however, it is possible to benefit from its economic value as a result of sale or liquidation.

Legal information: This content has been prepared for general information purposes. Transfer process; It should be evaluated according to the citizenship of the heir, whether the inheritance arises from the law or will, the location of the real estate and the restrictions on foreign acquisition.