Foreigners’ Inheritance Rights and the Legal Process in Turkey

In recent years, Turkey has become a country that foreigners increasingly choose for investment and living. In particular, the number of foreigners purchasing real estate is growing rapidly. In addition, bank accounts, company shares and other movable assets are also among the important elements of the inheritance left by foreigners in Turkey. For this reason, inheritance has become one of the most frequently asked legal questions. So, do foreigners have inheritance rights in Turkey, and how are these rights exercised?

Foreigners’ Inheritance Rights in Turkey

The Turkish Civil Code grants inheritance rights to everyone. Foreigners also benefit from this right. However, an international dimension is added to the process. This is because the International Private Law Code determines which country’s law applies.

General rule is as follows: Immovable property in Turkey is subject to Turkish law. Movable property is generally subject to the inheritance law of the country of which the deceased was a citizen a14> of the country where the deceased was a citizen is considered . For this reason, each case is examined on its own merits.

Real Estate Property Inheritance

Real estate such as houses, land and commercial premises are transferred to heirs in accordance with the provisions of the Turkish Civil Code. The nationality of the deceased person is irrelevant in this regard. For example, if a British citizen owns a house in Izmir, this house will be transferred to the heirs in accordance with Turkish law after their death.

If a dispute arises among the heirs, the District Court of First Instance intervenes. The court examines the land registry records and ensures a fair distribution among the heirs.

Movable Property Inheritance

Bank accounts, securities, vehicles or company shares fall under the category of movable property. Generally, the law of the country of which the deceased was a citizen applies to these assets. However, if the assets are located in Turkey, Turkish law also has an impact. Consequently, each case requires separate assessment.

Inheritance Certificate (Certificate of Inheritance)

In order to share the inheritance, a certificate of inheritance is required first. This document indicates who the heirs are. Foreigners can also obtain a certificate of inheritance in Turkey.

The civil court or notary public accepts the application. The heirs submit their passports, death certificates with apostille certification, and family registration documents. The documents are translated into Turkish by a sworn translator. The court then reviews the documents and issues the certificate of inheritance.

If documents are missing, the process will be prolonged. Therefore, heirs should prepare in advance of the application. Solicitor Esra Aslan assists in ensuring documents are prepared completely to expedite the process in inheritance cases involving foreign nationals.

Inheritance Cases Procedure

Foreigners can file inheritance lawsuits in Turkey. The lawsuit process proceeds as follows:

• A certificate of inheritance is obtained.
• The existence of the property is determined.
• If the heirs cannot agree a case is brought before the High Court of Justice.
• Expert reports are prepared.
• The court decides.

Once the documents are complete, the case will be concluded within six to twelve months. However, the international dimension may extend the process up to two years. Therefore, the heirs should act as quickly as possible.

Foreigners’ Challenges They Face

Foreign nationals encounter numerous difficulties during the inheritance process. Documents without an apostille are not valid. Incomplete certified translations slow down the legal proceedings. Furthermore, the fact that heirs reside in different countries complicates communication. Turkish law sometimes conflicts with the law of the foreign national’s country of citizenship. Land registry and tax procedures can also become complex.

For this reason, foreigners should work with an experienced solicitor throughout the process. This prevents any loss of time and ensures that rights are safeguarded.

Inheritance Tax and Obligations of Foreigners

Inheritance and transfer tax is payable on inherited property in Turkey. The tax rate varies according to the value of the inheritance. Foreigners pay tax at the same rates as Turkish citizens.

The tax office requires the declaration to be submitted on time. If the declaration is not submitted within the deadline, interest and penalties will be added. Therefore, heirs must carefully manage the tax process. Solicitor Esra Aslan advises her clients at this stage to ensure the process runs smoothly.

International Dimension and Dual Citizenship

Inheritance cases often take on an international dimension over time. Dual nationality or property in different countries complicates the process. a13> possession process more complex makes. For example a person who is both a Turkish and a German citizen may leave a property in Turkey and a and a bank account in Germany. Turkish law applies in Turkey, while German law applies in Germany.

Solicitor Esra Aslan assists in ensuring this type of case international coordination is achieved and guarantee under take for the process manages.

Practical Case Study

German citizen Hans owns an apartment in Istanbul. When Hans passed away, his heirs live in Germany. First as a family death certificate obtains and apostille certification to make it valid in Turkey. The magistrate’s court of law issues the inheritance decree and organises. If the heirs agree, the transfer of title deed is carried out. If a dispute arises the District Court of First Instance will intervene. As a result after the tax is paid the heirs take over the house a46> take over or sell it.

Wills and Estate Planning

Estate planning is a critical step, particularly for foreigners. Individuals with substantial assets can prevent potential disputes by preparing a will. A will drawn up before a notary provides a strong legal basis.

Solicitor Esra Aslan also assists foreigners in preparing wills. This protects beneficiaries from lengthy and costly legal proceedings.

Frequently Asked Questions by Foreigners

Foreigners can they inherit in Turkey?
Yes. The Turkish Civil Code grants inheritance rights to foreigners.

Foreigners can inheritance lawsuits be filed in Turkey?
Yes. They can file a lawsuit in the Court of First Instance.

Is inheritance tax different for foreigners?
No. Tax rates are the same as for Turkish citizens.

How long does the process take?
When the documents are complete, it takes between six and twelve months to complete. If there is an international dimension, it can take up to two years.

Which law applies in cases of dual citizenship?
Turkish law for goods in Turkey, other countries’ goods are subject to that country’s law.

If all the heirs are abroad, how does the process work?
The solicitor manages the entire process with a power of attorney.

Is the notary or the court authorised?
If there is an agreement, the notary public will handle the matter. In the event of a dispute, the court will intervene.

The solicitor’s role

Inheritance cases require expertise. The process becomes even more complex for foreigners. Solicitor Esra Aslan assists her foreign clients with matters such as preparing documents, monitoring cases, and handling tax and land registry procedures.

Correct legal support for foreigners safeguards their rights with confidence ensures.

In Turkey, the inheritance rights of foreigners are guaranteed by law. However, documents, translations, taxes and international dimension process complicate matters. Foreigners experienced a lawyer working with both time saving and and also secure their rights under guarantee.

Solicitor Esra Aslan offers professional and effective solutions to enable foreigners to exercise their inheritance rights in Turkey with confidence.