Turkish Property Inheritance and Estate Planning for Foreign Owners
Last updated: July 2026. Rules and tax brackets change — confirm current figures with GMC before acting.
You are buying — or already own — a USD 400,000+ asset in a legal system that is not your own. So the question deserves a straight answer: what happens to your Turkish property when you die? Turkish property inheritance for foreigners follows clear, codified rules, but they are probably not the rules of your home country, and they are almost certainly not the rules you would write yourself. This guide covers the governing law, Türkiye's forced-heirship regime, wills, the certificate of inheritance (veraset ilamı), inheritance tax, and the practical planning moves that protect your family.
Thinking ahead before you buy? Run GMC's free Pre-Check — we review your family situation, nationality mix and purchase structure before you sign anything, on a fixed-fee basis.
Which Law Governs? Turkish Law — Regardless of Your Passport
Under Türkiye's private international law statute (Law No. 5718, Article 20), succession is generally governed by the deceased's national law — but immovable property located in Türkiye is always governed by Turkish law. This is the lex rei sitae principle: the law of the place where the land sits.
Practical meaning: your English will, Emirati family arrangement, or home-country intestacy rules do not override the Turkish Civil Code (Law No. 4721) for your apartment in Istanbul or office in Ataşehir. Turkish courts apply Turkish succession rules to Turkish real estate, whoever you are.
Forced Heirship: Who Gets What Under the Turkish Civil Code
Türkiye operates a forced-heirship (statutory share) regime. If you die without a valid will, statutory shares apply automatically. Even with a will, "reserved portions" (saklı pay) limit how far you can redirect the estate.
Statutory shares (intestacy)
| Surviving family | Spouse's share | Others' share |
|---|---|---|
| Spouse + children | 1/4 | Children share 3/4 equally |
| Spouse + deceased's parents (no children) | 1/2 | Parents share 1/2 |
| Spouse + grandparents' line (no children/parents) | 3/4 | Remainder to that line |
| Spouse only | Entire estate | — |
| Children only (no spouse) | — | Children share equally |
Sons and daughters inherit equally under Turkish law.
Reserved portions (limits on your will)
| Heir | Reserved portion |
|---|---|
| Descendants (children, grandchildren) | 1/2 of their statutory share |
| Each parent | 1/4 of their statutory share |
| Spouse | Full statutory share (with descendants or parents); 3/4 otherwise |
Whatever falls outside the reserved portions — the "disposable portion" — you may leave freely by will. A will that invades reserved portions is not automatically void, but affected heirs can sue to reduce it (tenkis davası).
A worked example. An owner dies leaving a spouse and two children and an Istanbul apartment appraised at USD 500,000. Intestate, the spouse takes 1/4 (USD 125,000 in value) and each child 3/8 (USD 187,500). With a will, the owner could have redirected only the disposable portion: the children's reserved portions (half of each statutory share) and the spouse's full share remain untouchable. Understanding this arithmetic before drafting is what separates an enforceable will from an invitation to litigation.
Debts, renunciation and the three-month window
Heirs inherit liabilities as well as assets. Turkish law allows an heir to renounce the inheritance (mirasın reddi) before the civil court, generally within three months of learning of the death. Foreign heirs juggling time zones and translations should diarize this deadline immediately — it is one of the shortest clocks in the entire process.
Wills: Foreign Wills Work, a Turkish Will Works Better
A properly executed foreign will can be recognized in Türkiye through recognition/enforcement proceedings — but that means translation, apostille, and court time your grieving family must fund and endure.
The cleaner route: a Turkish notarized will (or a will made at a Turkish consulate abroad), drafted within the forced-heirship limits above. It sits in the notarial system, is reported to the population registry, and surfaces automatically when death is registered. For most foreign owners, GMC recommends signing a Turkish will at or shortly after title handover — a half-day task that saves heirs months.
Mid-planning questions? Message GMC's advisory team — Istanbul (Altunizade HQ), Athens and Dubai — or start with the Pre-Check. Fixed fees, no surprises.
The Veraset İlamı: How Heirs Actually Claim the Property
Heirs cannot simply present a death certificate at the land registry. They need a certificate of inheritance (veraset ilamı / mirasçılık belgesi) identifying the heirs and their shares.
- Turkish citizens' heirs can often obtain it from a notary in days.
- Where there is a foreign element (foreign deceased or foreign heirs), notaries generally cannot issue it — heirs apply to the civil court of peace (sulh hukuk mahkemesi) instead.
Documents heirs typically need (as of July 2026 — confirm with GMC):
| Document | Notes |
|---|---|
| Death certificate | Apostilled + sworn Turkish translation |
| Proof of kinship (birth/marriage certificates or family registry extract) | Apostilled + translated |
| Heirs' passports / ID | Translated; tax numbers obtained in Türkiye |
| Power of attorney (if heirs act remotely) | Consulate or apostilled notary PoA |
After the certificate: pay/declare inheritance tax, then transfer title at the Tapu office — the same registry described in our title deed guide for foreign buyers. Civil-status records connect through the population directorate (nvi.gov.tr).
Inheritance and Transfer Tax (Veraset ve İntikal Vergisi)
Türkiye taxes inheritances under Law No. 7338 on a progressive 1% to 10% scale by value bracket. Brackets are re-indexed every year; the 2026 thresholds should be confirmed at declaration time.
| Band (indexed annually) | Inheritance rate |
|---|---|
| First bracket | 1% |
| Second bracket | 3% |
| Third bracket | 5% |
| Fourth bracket | 7% |
| Above | 10% |
Key features:
- A significant exemption per spouse/child applies before tax is calculated.
- Tax is payable over three years, in two installments per year (May and November) — no lump-sum shock.
- The taxable base for real estate is generally the property tax value, typically well below market value.
- Double taxation: if your home country also taxes worldwide inheritances, relief depends on its rules and any treaty; Türkiye's inheritance-treaty network is narrow, so get home-country advice. See also our overview of Turkish property taxes for foreign buyers.
Can Foreign Heirs Inherit Turkish Property? Yes — With One Caveat
Foreign nationals can inherit Turkish real estate. The caveat: the heir is subject to the same nationality-based acquisition rules that applied to the purchase (Land Registry Law Art. 35). If an heir's nationality is one that cannot hold Turkish real estate, the property is not confiscated — it must be sold within a set period and the proceeds paid to the heir. Mixed-nationality families should map this before purchase, not after.
Practical Planning Moves (What GMC Actually Does)
- Title structuring at purchase. Sole ownership vs. spousal co-ownership changes what enters the estate and how citizenship-application family coverage works — see including family in the citizenship application.
- Turkish will at handover. Drafted with Turkish estate counsel, within reserved-portion limits, coordinated with any home-country will so they do not revoke each other.
- A document file for heirs. Tapu, DAB receipts, appraisal, tax numbers, will details, lawyer contacts — one indexed folder. Document discipline is the cheapest insurance there is.
- Nationality mapping of heirs. Flag any heir whose citizenship raises Art. 35 issues.
- Coordination, not improvisation. GMC is not a law firm; we coordinate vetted Turkish estate counsel on fixed fees, from Istanbul, Athens and Dubai, as an IMC member firm.
Conclusion
Turkish property inheritance for foreigners is predictable once you accept its logic: Turkish law governs Turkish land, statutory shares protect the family, and paperwork — apostilles, translations, the veraset ilamı — decides whether your heirs wait months or years. The owners who plan at purchase spend a few hours; the families who don't spend a few years.
Put a plan on paper. Book a fixed-fee estate-planning consultation with GMC — Istanbul, Athens or Dubai — or start with the free Pre-Check at https://glmbcp.com/precheck.
Sources: Turkish Civil Code No. 4721; Law No. 5718 on Private International Law; Inheritance and Transfer Tax Law No. 7338 (all via mevzuat.gov.tr); General Directorate of Civil Registration — https://www.nvi.gov.tr/. Information current as of July 2026 — confirm with GMC.
FAQ
Does my home-country will cover my Turkish apartment?
Can I leave my Turkish property to whomever I want?
Do my heirs pay inheritance tax as non-residents?
How long does the inheritance process take for foreign heirs?
Do heirs lose the citizenship 3-year holding commitment?
Can heirs handle everything without traveling to Türkiye?
Speak with our Istanbul advisory team
Documented, fixed-fee investment-migration advisory. Member of the Investment Migration Council. Istanbul · Athens · Dubai.
General information, not investment or legal advice; verify independently.