How is real estate inherited in Turkey

March 14, 2022
Realestate

The same laws that apply to Turkish citizens are applicable to foreigners and they can bequeath real estate to their children and families after their death, which means transferring ownership of the property to them in accordance with the provisions of the Turkish Constitution. This is one of the things that real estate owners usually preoccupy.

The foreigner is curious to know everything related to the real estate field in Turkey, so in this article we will discuss the issue of real estate inheritance in detail and hope it will serve as a guide that answers your various questions.

Get to know the heirs of real estate in Turkey:

1 – First, the children and the wife, and the inheritance is distributed equally among them.

2 – If the property owner does not have children, then his father and his mother will have a share of the inheritance, and if the parents are not alive, the grandfather and grandmother will have a share.

3 – If the property owner has neither children nor parents, brothers and sisters will be able to share a share of the inheritance.

4 – If there are no children, parents, brothers and sisters, the grandchildren and great-grandchildren have the right to share the inheritance.

5 – If there are no heirs of the persons mentioned, the foreigner’s property goes to the Turkish government.

As for the distribution of the inheritance among the heirs, it is according to the will of the deceased. If he has left a will, the distribution is done according to what is stipulated. But if there is no will, the distribution is according to what Turkish laws stipulate.

The law of succession in Turkey:

Turkish law is not resorted to in the distribution of inheritance until after it is confirmed that there is no will, the first is to implement it, if any, but the will must be legal, that is, certified by the notary.

Here are the most important conditions that must be met by the person who will write the will:

– He must be over the age of 15.

– It is important that he does not have a mental illness such as Alzheimer’s, dementia or the like.

– The will must be handwritten by the person concerned.

– The will must be signed by two witnesses.

– It must be certified by the notary public or in court.

In these cases the will is not recognized:

– In the event that the testator is not qualified to write a will.

– If written under pressure or coercion.

– If the terms of the will violate the law and morality.

– In the event that there is a defect or deficiency in it.

Types of wills in Turkey:

There are three types of wills in Turkey and they are as follows:

1 – The official will, which is officially certified by the notary.

2 – The handwritten will, at the end of which the testator signs and puts the date on which he wrote it.

3 – The third type is the oral will, and it is used in some cases, such as a disease that prevents the testator from writing.

Did you know that the property owner can apply to the court to prevent one of the heirs from obtaining his share of the inheritance, but he must provide all the justifications that made him take this decision, and it is possible to approve or reject his request.

A person who has been denied inheritance cannot apply to the court or file a case against the property owner.

Real estate inheritance tax in Turkey:

Turkish law stipulates that a tax must be paid when obtaining the inheritance of real estate, which is not a fixed value as it varies according to the condition of the property, its geographical location and its material value. This tax is less than the taxes imposed by European countries and is one of the most important advantages that prompted foreigners to buy real estate in Turkey.

The value of the inheritance tax in Turkey ranges from one to ten percent of the total property value.

This tax is imposed in two cases:

– Whoever received the property as a gift, prize, or the like.

– Who obtained it through inheritance.

Documents required to transfer the ownership of the property to the heirs:

– See the papers that must be available when transferring ownership of real estate in Turkey to heirs:

– A family statement issued by the mother country in order to clarify the truth of their relationship with the deceased person, and it must be translated and certified.

– Each of the heirs must obtain a tax number (it can be extracted from the tax department in Turkey).

– Two (2) personal photos for each of the heirs.

– A passport translated into Turkish and valid for a period of no less than six months.

Among the provisions of the Turkish constitution regarding the inheritance of real estate in Turkey is that half of what the deceased owned goes to the wife and the other half to the children, but some may wonder about the possibility of committing to the distribution of inheritance on the laws stipulated in their country, of course it can, but it must be adhered to and applied to everyone.

Inheritance tax in Turkey must be paid within a maximum period of three years and is paid in May and November of each year.

Turkey’s decision that foreigners who own real estate on its land should be treated as Turkish citizens are treated is what encouraged many people around the world to buy and own real estate in Turkey, as their rights are protected and safe.

All the laws issued by Turkey encourage the foreigner to buy real estate in Turkey, starting from the appropriate and competitive prices in Europe and ending with the encouraging laws.

Through this article, we have provided you with everything related to the issue of foreigners’ inheritance of real estate in Turkey, and we have shown you the most important points that you are looking for. If there are other inquiries about this matter, you can contact us to provide you with accurate and comprehensive answers.