For many years, Alanya has been a region where a large number of foreign nationals own real estate as a home or an investment. When a foreign property owner dies, the first question the surviving heirs usually face is this: under which country’s law, and through what procedure, will this property in Turkey pass to the heirs? The process involves many steps, from proving heirship to completing the transfer at the land registry (tapu), and from tax obligations to making foreign documents usable in Turkey; heirs often have to deal with procedures in their own country and in Turkey at the same time. In this article, we look at the general framework of the inheritance process for foreign nationals’ real estate in Turkey and the practical points to watch out for in Alanya.
Which Law Governs the Inheritance of Real Estate Located in Turkey?
One of the settled principles of private international law is that immovable property is governed by the law of the country where it is located (lex rei sitae). Turkish law has also adopted this principle for inheritance matters: even if the law of the deceased’s country of nationality is otherwise applied, the inheritance of real estate located in Turkey is assessed under Turkish law. This means that Turkish legislation and Turkish courts/administrative authorities come into play on issues such as who qualifies as an heir, how the shares are determined and how the transfer is registered at the land registry.
In practice, this means that inheritance proceedings conducted in the deceased’s own country and the procedures required for the property in Turkey may progress independently of each other and, indeed, often need to be pursued separately. Since the laws of which countries are relevant to a given file may vary depending on the deceased’s nationality and residence, obtaining support from a lawyer at this stage is important for the process to run correctly.
How Is a Certificate of Inheritance (Veraset İlamı) Obtained?
For real estate in Turkey to be transferred to the heirs, a document proving heirship is first required. In practice this document is called a “certificate of inheritance” (mirasçılık belgesi) or “veraset ilamı”, and it officially establishes who the heirs are and what their inheritance shares are.
Where the deceased was a Turkish citizen, this certificate can also be obtained from a notary if there is no dispute. However, in files where the deceased or some of the heirs are foreign nationals, notaries generally do not accept the request because foreign civil registry/marital status records need to be verified, and the matter is handled through the Civil Court of Peace (sulh hukuk mahkemesi). The court issues the certificate of inheritance after examining the deceased’s identity and marital status documents, any inheritance documents obtained abroad, and other evidence.
Can an Inheritance Document Obtained Abroad Be Used Directly in Turkey?
A certificate of inheritance or court decision obtained in the deceased’s own country is not, on its own, accepted as sufficient for a land registry transfer in Turkey. For such a document to have effect in Turkey, it is usually necessary either to go through recognition and enforcement (tanıma-tenfiz) proceedings before the Turkish courts or to apply directly to a Turkish court for a new certificate of inheritance; which route is followed depends on the specific file. In addition, it is important for the smooth progress of the procedures that official documents brought from abroad bear an apostille and are translated into Turkish by a sworn translator.
Transfer of Inherited Property at the Land Registry
Once the certificate of inheritance has been obtained, an application is made to the relevant Land Registry Directorate (Tapu Müdürlüğü) for the property to be registered in the heirs’ names. Identity/passport details, tax identification numbers, the certificate of inheritance and any other documents the land registry may request should be ready at the time of application. When the procedure is completed, the property is registered in the heirs’ names in proportion to the shares shown in the certificate of inheritance.
The tax dimension of this process must not be overlooked either: under Turkish law, an inheritance and transfer tax return must be filed for assets acquired by inheritance. Since filing deadlines and tax rates can change over time, a financial adviser or lawyer should always be consulted on current obligations, and the procedures should be started without delay to avoid the risk of missing deadlines.
The Principle of Reciprocity in Foreigners’ Acquisition of Real Estate and Inheritance
Under Turkish law, the acquisition of real estate in Turkey by foreign individuals is subject to certain conditions and to the principle of reciprocity. There may be situations in which this principle is applied differently to acquisitions that occur automatically through inheritance than to voluntary purchases. Factors such as the heir’s nationality and whether the inheritance passes by statutory succession or under a will may be decisive here. It is therefore important to assess with a lawyer, in light of current legislation, how reciprocity and acquisition restrictions will apply in the specific case with respect to the heir’s country of nationality.
Is It Possible to Make a Will for Real Estate in Turkey?
Foreign nationals may make a will before a Turkish notary concerning the real estate they own in Turkey. A will prepared in advance for a property located in Turkey can help the process run more predictably as to who will become an heir and how the shares will be determined in the future; it may also, to some extent, reduce the additional procedures the heirs have to deal with, such as obtaining a certificate of inheritance from abroad.
However, the Turkish Civil Code (TMK) guarantees a minimum inheritance right, called the “reserved share” (saklı pay), for certain close heirs (for example, the spouse, descendants and, in some cases, parents). Since real estate located in Turkey is subject to Turkish law, no will – including one made abroad – can entirely eliminate the rights of heirs entitled to a reserved share with respect to that property. Observing these limits when preparing a will is important to prevent future actions for reduction (tenkis davası) that may be brought by heirs whose reserved shares have been infringed.
How Is the Property Managed If There Is More Than One Heir?
Where there is more than one heir, the property becomes subject to co-ownership among the heirs on the basis of joint ownership (elbirliği) or ownership in shares (paylı mülkiyet). Agreement among the heirs is required to sell or let the property or to carry out any act of disposal over it. One or more heirs may want the property to be sold or divided while the others object; in such disputes, an action for the dissolution of co-ownership (ortaklığın giderilmesi / izale-i şüyu) may be brought, asking the court to end the co-ownership by dividing the property in kind or by sale.
Practical Recommendations for Foreign Heirs in Alanya
For foreign heirs who have lost a relative owning real estate in Turkey, the following points may help the process run more predictably:
- Preparing the death certificate and the deceased’s identity details, together with an apostille and sworn translation where necessary,
- Instead of travelling to Turkey at every stage, authorising a trusted representative (a lawyer) by means of an apostilled power of attorney,
- Keeping track of the property’s municipal property tax, maintenance fees (aidat) and any other financial obligations throughout the process,
- Ensuring the security and maintenance of the property if it is left empty,
- Conducting the process with a legal professional familiar with both inheritance law and the legislation on the acquisition of real estate by foreigners.
Conclusion
The inheritance process for a foreign national’s real estate in Turkey combines several steps, such as obtaining the correct certificate of inheritance, the recognition of foreign documents, the land registry transfer and tax obligations. If the inheritance of a relative who owned property in Alanya is at stake, obtaining legal support at the start of the process can help prevent delays and missing documents at later stages.
Frequently Asked Questions
If a foreigner who owns real estate in Turkey dies, who inherits the property?
The property passes to the heirs determined under Turkish law, in proportion to the shares shown in the certificate of inheritance. Who the heirs are and the distribution ratios are assessed according to the particular features of the case.
Does a foreign heir have to come to Turkey in person for the procedures?
No, the heir can have the procedures carried out by a lawyer or representative in Turkey by means of an apostilled power of attorney; in this way, the process can be followed without travelling to Turkey.
Is it compulsory to obtain the certificate of inheritance through a lawyer?
It is not compulsory, but especially in files with a foreign element, it is advisable to proceed with a lawyer to avoid the process being prolonged due to missing documents or procedural errors.
How long does the land registry transfer take?
The time varies from file to file depending on the number of heirs, whether the documents are complete and the status of any procedures abroad. When the documents are fully prepared, the process generally moves faster.
Can inheritance proceedings be conducted in more than one country at the same time?
Yes, separate proceedings may be conducted for the deceased’s assets in different countries under the laws of those countries. Turkish law applies to the real estate in Turkey, while the law of the relevant country applies to assets in other countries.
What happens if no tax return is filed for real estate acquired by inheritance?
Failure to file the inheritance and transfer tax return on time may later lead to additional tax and late-payment liabilities. It is advisable to consult a financial adviser or lawyer on current deadlines and rates.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.