Turkish Inheritance Law (Miras Hukuku) — The No-Stress Guide for Foreign Heirs

💥 Worried about Turkish inheritance law?

Think the state will grab your property? Not under normal circumstances. Turkish law provides a clear, predictable framework for heirs—foreigners included. Below is a simple guide that matches how lawyers and notaries handle cases in practice.

Basics: Which Law Applies?

In Turkey, immovable property (real estate) is governed by Turkish law at the property’s location—regardless of the deceased’s nationality.

Who Inherits & How Much Does the Spouse Get?

Turkey uses a statutory order of heirs similar to many European systems:

• First Order: Descendants — children & grandchildren inherit equally.
• Second Order: Parents & their descendants — if no children, then parents, siblings, nieces/nephews inherit.
• Surviving Spouse always inherits together with other heirs:
  • With children → ¼ (25%)
  • With parents/siblings → ½ (50%)
  • With grandparents → ¾ (75%)
  • No other heirs → 100%
• State Inheritance — only if there are no heirs or valid will.

Procedure (Step-by-Step)

This is the typical path heirs follow to transfer a Turkish property (Tapu) into their names.

1. Collect the Death Certificate

   Issued in Turkey or abroad. Foreign documents must be apostilled/legalized and translated into Turkish.

2. Get the Inheritance Certificate (Veraset İlamı)

   Obtainable from a Turkish Notary or Civil Court of Peace. Provide translated/apostilled death certificate, proof of nationality, family register, and any foreign will.

3. Apply to the Land Registry (Tapu)

   Heirs submit the inheritance certificate and supporting documents. The property is registered in the heirs’ names.

4. Declare & Pay Inheritance Tax

   Rates are generally low (approx. 0.1%–10%) and apply equally to foreigners. Check double-taxation treaties as needed.

Example Case

Situation: A German woman owns a flat in Istanbul. She passes away, leaving a husband and 2 children.

Distribution (Turkish Law):

• Husband → 25%
• Children → 75% split equally (each 37.5%)

Process: The family apostilles the German death certificate, obtains a Turkish inheritance certificate (Veraset İlamı), transfers the Tapu, and pays the (low) inheritance tax.

Documents Checklist (Typical)

• Original death certificate (apostilled/legalized) + sworn Turkish translation
• Passport / ID copies of all heirs
• Proof of nationality and family register (apostille + translation)
• Original or certified copy of any foreign will (apostilled + translated)
• Property details (Tapu information, address, parcel)
• Tax number and Turkish bank details (for payments)
• Optional: Power of Attorney to a Turkish lawyer/notary for faster processing

Tip: Using a local lawyer or notary typically speeds things up and prevents repeat visits.

Inheritance Tax in Turkey (Overview)

Note: Actual rates and bands change periodically. A lawyer or tax advisor can confirm current brackets.

Key Points for Foreigners

• Foreigners can inherit and own real estate in Turkey (excluding restricted/military zones).
• Heirs may keep or sell the property freely once registered.
• Foreign wills are recognized if properly translated, apostilled, and if required, approved by a Turkish court.
• Using a Turkish lawyer or notary usually shortens timelines and prevents document issues.

Disclaimer: General information only—this is not legal advice. Always consult a Turkish lawyer or notary for your case.

FAQs

Does a foreign will override Turkish rules for a flat in Istanbul?

No. For immovable property located in Turkey, Turkish law applies to inheritance. A foreign will can still be relevant for movables and for identifying heirs—but it won’t change the applicable law for the Turkish real estate.

Can the spouse lose the home?

The spouse is a legal heir with statutory shares (25% with children, 50% with parents, 75% with grandparents, or 100% if no other heirs). Practical solutions—like settling with other heirs—are common.

How long does the Tapu transfer take?

With documents in order, the process can be relatively quick. The biggest variable is collecting, apostilling, and translating foreign documents.

Do heirs need to come to Turkey?

Not always. A properly issued Power of Attorney (apostilled and translated) to a local lawyer or trusted person can allow the process to be handled on your behalf.