Inheritance of Turkish Property by Foreign Heirs
For immovable property located in Turkey, Turkish law applies to the inheritance regardless of the deceased's nationality. Movable assets follow the deceased's national law. Heirs must obtain a certificate of inheritance and register the transfer at the Land Registry; until they do, the property cannot be sold. Turkish law also protects reserved shares for close family, which a will cannot override.
📌Which country's law applies
Turkish private international law splits the question. Inheritance of immovable property situated in Turkey is governed by Turkish law, whatever the deceased's nationality or place of death. Inheritance of movable assets is governed by the deceased's national law at the time of death. The practical consequence for a foreign owner of a Bodrum villa is significant: your home-country will may govern your bank accounts but will not override Turkish rules on the villa. Provisions about the opening of the estate, its acquisition and division are subject to Turkish law where the assets are in Turkey.
📌Reserved shares cannot be written out
Turkish inheritance law protects a reserved portion (saklı pay) for certain heirs — descendants, parents in some configurations, and the surviving spouse. A will that leaves the Turkish property entirely to one person is not void, but a reserved-share heir can bring an action for abatement (tenkis davası) to claw the share back. This surprises testators from common-law jurisdictions, where testamentary freedom is far broader. If you intend a distribution that departs from the statutory shares, it should be planned with the reserved-share rules in view rather than discovered by the heirs afterwards.
📌The certificate of inheritance
Heirs cannot deal with the property until they hold a certificate of inheritance (veraset ilamı / mirasçılık belgesi). For Turkish citizens this can often be obtained from a notary; where there is a foreign element — foreign heirs, a foreign death certificate, a foreign will — it is generally obtained from the civil court of peace (sulh hukuk mahkemesi). Documents issued abroad must be apostilled and translated by a sworn translator. Where a foreign court has already ruled on the estate, that judgment normally requires recognition in Turkey before it can be relied upon here.
📌Transferring title and the tax step
With the certificate in hand, heirs apply to the Land Registry to register the transfer. Before that, an inheritance and transfer tax declaration must be filed and clearance obtained; the Registry will ask for it. Turkish inheritance tax is levied at progressive rates with an exemption threshold, and it is generally modest by Western European standards — but the declaration deadlines are real and late filing attracts penalties. Where the deceased or the heirs were abroad, the filing periods are longer than the domestic ones.
📌Renouncing an indebted estate
Turkish succession passes debts as well as assets. An heir who does not want an indebted estate must renounce (reddi miras) within the statutory period, which runs from learning of the death and of heirship. Missing that window means accepting the estate with its liabilities. If the deceased's insolvency was already apparent, the estate is presumed renounced, but relying on that presumption without advice is risky. For heirs living abroad who learn of the death late, the starting point of the period is a question worth establishing carefully.
💡Practical points
- Do not assume your home will covers the villa. It may be valid as to movables and ineffective as to the Turkish immovable. Two coordinated instruments are usually better than one.
- Joint ownership is not survivorship. Turkish law has no automatic right of survivorship for spouses on the title. On death, the deceased's share enters the estate.
- Unpaid charges accumulate. Property tax, DASK insurance and site common charges continue to accrue during the succession process and become the heirs' problem.
- Multiple heirs hold jointly. Until the estate is divided, heirs own in undivided shares and none can sell alone. If they cannot agree, a partition action (ortaklığın giderilmesi) usually ends in a judicial sale by auction — often below market value.
- Time matters more than people expect. Court-issued certificates, apostilles, translations and tax clearance regularly take months when the heirs are abroad.
I handle written correspondence in English without difficulty — email, WhatsApp messages, contracts and documents. My spoken English is limited, so for anything detailed I prefer to work in writing, or to hold the call with an interpreter present. This affects only the channel, not the work itself: filings, hearings and correspondence with Turkish authorities are conducted in Turkish in any event.
This page is general information, not legal advice. It does not create an attorney–client relationship. Turkish law changes and outcomes depend on the facts of each case. For your own situation, please get in touch: +90 532 390 48 06 (WhatsApp) · mert@avukatmertcelik.com
written by
Av. Mert Çelik
Muğla Bar Association · No. 2039 · Bodrum · since 2018
NoteThis page is general information only; every matter has its own facts. Our office is in Bodrum, Muğla.
This page is for general information only and does not constitute a legal opinion or the provision of legal services. Turkish legislation changes; please consult a lawyer about your current situation.