What is the inheritance law in Turkey for foreigners residing in it after purchasing a property in Turkey? Can the property be transferred to children and relatives? If you are looking for an answer to these questions, follow the detailed explanation below.
As you know, Turkey has become a good destination for foreigners wishing to emigrate and settle. In previous articles, we talked in detail about the reasons for emigration to Turkey. We suggest you refer to our previous articles for more information in this regard.
There are special rules for obtaining residency or citizenship in any country. As many of you know, the Turkish government changed the rules for obtaining Turkish residence and citizenship in late 2018. These changes caused many other neighboring countries to migrate to Turkey. As the geographical and economic conditions in Turkey are the best opportunity for foreigners to live and invest.
Inheritance law in Turkey for foreign citizens
Inheritance laws in Turkey works with the principle of reciprocity, which means that the inheritance law in Turkey for a foreign citizen is the same as the inheritance law for a Turkish citizen in that foreign country.
For example, if a German person buys a property in Turkey, the inheritance law applies to that person in a way that the German inheritance law applies to the Turkish person in Germany.
This means reciprocity, and the Turkish government treats the German person with regard to inheritance laws as the German government does with respect to the Turkish person.
This law applies to citizens of all countries that have the right to purchase real estate in Turkey.
The aforementioned rules apply only if the document or title to the property is in the person’s name. Although the law in Turkey is inherited, it is better to form a formal and legal will for more certainty. The will must be prepared in two copies, one in the country of origin of the person and the other in Turkey.
To do this, you must go to a notary in the two countries.
How to transfer the title deed
How is the title deed transferred in Turkey?
According to the inheritance law in Turkey for foreigners, official and government documents are issued to all persons of Turkish nationality as well as foreigners through the Tapu Foundation. This means that you have a property document that shows your full ownership of the property, which was given to you directly by the Turkish government.
Also, according to the laws of this country, only the owner is allowed to transfer this document to another person. If you wish to transfer the document, the owner or his legal representative must submit his request to take initial steps to transfer the document before entering into any contract with the Land Registry.
Steps to transfer ownership
The first step is to obtain a document from the court or population office in the country of origin of the foreign citizen, which proves that you have a genetic relationship with the deceased.
Later, you have to apply for an inheritance certificate on immovable property. After that, after receiving the inheritance order, you must come to the Notar office justly, and take the necessary steps to complete the process.
The documents and certificates necessary to organize the official will in the office of notary in Turkey:
- Original passport with photo and translation in Turkish
- Copy and translation of the heirs’ passports
- Three personal photos
- Title deed of the property (the title deed must be in the person’s name)
- The presence of an official translator
- Submit a mental health certificate: This certificate is valid for one day and must be received by a notary. (To obtain a certificate, a person must go to a general hospital in Turkey with an official translator).
- Two Turkish witnesses with a valid ID
After preparing the above, the responsible official will prepare the will in the presence of two witnesses and a translator in three main copies. These three copies, one for the person concerned, one for the Official Document Office and one for the Ministry of Housing in Turkey.
The following steps should be taken to transfer the ownership of a guardian according to the inheritance law in Turkey:
- Submit documents confirming the genetic relationship with the deceased: These documents must be obtained from the courts or the Department of Housing.
- Refer to the court and request an inheritance certificate for immovable property in Turkey.
- Refer to the document registration office with the documents obtained.
- Therefore, according to the above, there is no concern about the inheritance law in Turkey.