How are foreign nationals’ inheritance rights determined in Türkiye? Which country’s law applies? How does the inheritance division process work? In this article, we answer all your frequently asked questions about the inheritance division process for foreigners in Turkey.
1. Do Foreigners Have Inheritance Rights in Turkey?
Yes, if a foreigner owns real estate (land, house, plot, etc.) or movable assets (money, cars, securities, etc.) in Turkey, their heirs have the right to inherit in Turkey upon their death.
However, how these rights are exercised and which law applies depend on certain rules.
2. Which Law Applies? (Applicable Law in Inheritance Law)
The applicable law for foreigners’ inheritance transactions under Turkish law is determined by Law No. 5718 on International Private and Procedural Law (MÖHUK).
-Basic Rule:
The inheritance is distributed according to the law of the deceased’s country of citizenship.
-Exception:
Turkish law applies to immovable property (e.g., real estate) located in Turkey.
Example:
If a German citizen owns an apartment in Istanbul and dies in Türkiye:
• Immovable property (apartment in Istanbul): It is distributed according to Turkish law.
3. How Does the Inheritance Division Process Work in Turkey?
The following steps are generally followed for inheritance division in Turkey:
3.1. Obtaining a Certificate of Inheritance (Certificate of Inheritance)
Foreign heirs must obtain a certificate of inheritance (Certificate of Inheritance) from the courts in Turkey.
3.2. Inheritance Procedures (Land Registry and Bank)
With an inheritance certificate, you can:
• Transfer real estate at the Land Registry Directorate,
• Request the transfer of assets held in banks.
3.3. Tax Obligations
Foreign heirs also pay inheritance and transfer taxes on their assets in Turkey. The tax rate varies depending on the value of the inheritance and the degree of kinship. The declaration period and payment schedule are the same as those for Turkish citizens.
4. Common Inheritance-Related Problems Encountered by Foreigners in Turkey
• Conflicting laws of different countries
(One country may recognize heirs, while another may not.)
• Translation and apostille issues
(Official documents may require a sworn translation into Turkish and an apostille.)
• Appointing a representative in Turkey
(Heirs living abroad may need to appoint a representative for transactions in Turkey.)
• Complexity of land registry and banking procedures
(Procedures can be lengthy, especially if there is more than one heir.)
5. Conclusion: What Should Foreigners Who Inherit in Turkey Do?
As a foreigner who inherits in Turkey, you should:
-Learn which country’s law applies.
-Prepare your documents completely and accurately.
-Expedite the process by working with a lawyer in Turkey if necessary.
Why is it Important to Seek Legal Support?
Inheritance procedures for foreigners in Turkey can be complex, both legally and bureaucratically. Seeking the support of a qualified attorney can significantly simplify the process, ensuring proper documentation preparation, accurate inheritance certificates, and prompt completion of title deed and banking transactions.
Frequently Asked Questions (FAQ)
Can foreigners inherit in Turkey?
Yes. In the event of the death of a person who owns assets in Türkiye, their legal heirs can inherit, regardless of their nationality.
What law applies to inherited property in Turkey?
Generally, the law of the person’s country of citizenship applies; however, Turkish law applies to immovable property.
Can a foreigner obtain a certificate of inheritance in Turkey?
Yes. This can be obtained from a notary or court. Documents must be apostilled and translated.