Inheritance laws in Turkey:

Inheritance laws in Turkey are one of the most questionable legal issues in Turkey, especially by foreign nationals who own real estate in Turkey, and want to ensure that they preserve their properties by passing it on to their children after them.
Therefore, in this article, we will answer the most important questions about inheritance laws in Turkey for foreigners.

How do foreigners benefit from inheritance laws in Turkey?

Upon the death of the foreigner in Turkey, the heirs bring a document of inheritance from their country in addition to an official family certificate. Resort then to the agreement that provides for reciprocity between the two countries and documents are brought and ratified, but in the absence of this reciprocity, resort to the court and file a lawsuit and demand the extraction of inheritance information in Turkey.
According to Article No. 20/2 of Turkish Law No. 5718, the provisions relating to the distribution of inheritance are subject to the laws of the Turkish government, which means that the Turkish inheritance law will be applied in Turkey in general regardless of the mother's nationality of the bequeather.
Note: The law includes real estate for foreigners located in Turkey only.

How do you obtain an inheritance inventory document?

Upon the death of the foreign property owner in Turkey, the legal heirs benefit from all the rights of the property legally, regardless of whether the bequeather or heirs hold Turkish citizenship or not, but before obtaining their rights, they must submit an application for the extraction of the inheritance limitation document through the Turkish courts in order to carry out procedures Transfer of real estate legally.
In order to obtain an inheritance inventory document in accordance with the inheritance laws in Turkey, you must take the following steps:
1- Bring the inheritance inventory document issued by the foreign country translated into Turkish, in addition to the death certificate also translated and certified by a notary public.
2- Go to the Magistrate's Court of the area in which the property is located.
3- Go to the Directorate of Real Estate Records while carrying with you the inheritance inventory document issued by the Turkish court in order to carry out the transfer of ownership.
And because the inheritance inventory document is an urgent procedure, this document is issued by the court in Turkey within a short period of time, and after obtaining this document, the directorate of real estate records is directed to the process of transferring the property registry to the legal heirs with ease.
Note: You can do this process through a Turkish lawyer.

According to the inheritance laws in Turkey, who are the legal heirs?

In the event that the testator does not leave an officially certified will, the legal heirs of his property will be determined in the following sequential order:
1- If the bequeather has only a spouse and children, then the wife is entitled to a quarter of the inheritance, and the children will receive three quarters of his inheritance regardless of whether they are male or female.
2- If only the children are alive, the inheritance is divided equally between them, regardless of their gender as well.
3- If the bequeather does not have children, his inheritance is divided between the wife and his parents, so that the husband is entitled to half and the other half of the right of the parents.
4- If the spouse and the parents of the benefactor are not alive, then the brothers and sisters are the ones who inherit.
5- If there are no brothers and sisters, then the grandchildren are the ones who inherit, and if the grandchildren own the children, then they have a share of the inheritance as well, as the grandchildren and their children come in the last place from the first degree relatives.
6- If the children, parents, brothers and grandchildren are alive, then Turkish law requires dividing the inheritance between them and the spouse, but in the absence of any of them, the entire inheritance will go to the spouse.
7- If the deceased does not have any legal heirs and he does not have known relatives or they are all deceased, then all the assets of the deceased from the property of the Turkish government go until a person close to the deceased appears and is entitled to his inheritance.
Note: Turkish law does not depend on the legal method of distributing inheritance between males and females, so for foreigners in Turkey they must submit an application to distribute the inheritance according to the law of their country.

Is there a certain limit for foreigners to inherit their property in Turkey?

According to Turkish law, foreigners from certain countries have a limited right to obtain their rights in Turkey in line with the interests of the Turkish state and the bilateral relations between the two countries, whereby foreigners' possession of property is regulated in accordance with Article No. 35 of Turkish law, subject to legal restrictions.
Among the most important of these conditions is that the value of the inheritance does not exceed 10% of the area of ​​the district that is subject to private ownership, in addition to 30 hectares per person throughout the country.

Are inheritance taxes levied in Turkey?

Yes, there is a tax called the inheritance tax to which the immovable property of the deceased person is subject according to the inheritance laws in Turkey. The tax due is paid within a maximum period of three years to be paid in May and November every year.
The inheritance tax rate varies from 1% to 10%, depending on the status of the heir's residence in addition to the geographical location of the property.
The inheritance tax also differentiates between two types of property, as each type has a different percentage. There are properties that have been transferred to its owner free of charge, through his obtaining prizes or gifts or through a donation, and some of them have been obtained through inheritance.
It is worth noting that the tax tariff rate is determined by increasing the re-evaluation rates that are stipulated in Turkish law. Therefore, the inheritance tax is calculated according to the value of the property, which is what is called the tax bracket.

Is it permissible for an inheritor to write a will before his death in Turkey?

Yes, it is permissible to write a will by the bequeather, indicating the names of the heirs and their shares in the estate