Real estate inheritance in Turkey

What is real estate inheritance in Turkey? And what are its rules .

Real estate inheritance in Turkey
20-03-2021
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Last update 28-12-2022
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In 2008, an amendment was issued to one of the real estate laws in Turkey. According to this amendment, the reciprocity law, which prevented foreigners from owning real estate in Turkey, was canceled and thus became available to own and rent and bequeathed real estate to foreigners with ease in Turkey and includes inheritance. It has various forms, including commercial real estate, such as offices, stores, and lands, and residential real estate, such as apartments, villas, and others.

 

What is the inheritance of real estate in Turkey:

Real estate inheritance is known legally as the transfer of property ownership from the original owner in a manner following his death to become the property of the legal heirs, whether male or female, and that is following laws that regulate this transfer process. According to Turkish law, any foreigner can inherit and divide their property within Turkish territory after death. His children and legal heirs, and as a result, the ownership of the property becomes the heir, and therefore he will obtain the privileges of owning a property in Turkey.

 

The principle of real estate inheritance in Turkey:

Real estate inheritance in Turkey is done according to the principle of location. This method is followed to determine the inheritance of the foreign person's property. This principle states that the method followed in the legal distribution of inheritance and property is the law of the country where the foreign person resides, i.e., the inheritance law in Turkey. Of course not Any rule is devoid of exceptions, such as the following: When applying for an inventory of inheritance in Turkey, the real estate inheritance laws in effect and applied in Turkey are applied, and if one of the legal heirs has an objection to this method of inheritance distribution, he is entitled to apply for Inventory of inheritance according to the laws of the country whose nationality is the original owner whose heirs are divided after his death and that he refuses to choose the laws of real estate inheritance in Turkey. In various parts of Turkey.

 

Heirs to real estate in Turkey according to Turkish law:

1- Sons and husband or wife:

And the law of real estate inheritance in Turkey stipulates that these heirs share the inheritance after the original owner's death equally among themselves.

2- Parents:

Suppose the original owner of theproperty is without any children. In that case, his parents have a share in his property after death in addition to the share of the husband or wife, and if the parents are deceased, then the grandfather can inherit part of the property.

3- Brothers and Sisters:

Brothers and sisters of the deceased are entitled to obtain part of his inheritance in the absence of children, and the parents are also deceased.

4- Grandchildren and great-grandchildren:

If the property owner does not own any direct relatives, i.e., he does not have any son, parents, or even brothers. The grandchildren and great-grandchildren have a right to a part of his inheritance and, thus, the last rank in the ladder of inheritance entitlement to inheritance after death is the share of the grandchildren And grandchildren, according to what is stipulated in the law of real estate inheritance in Turkey.

As for the presence of relatives of children and parents, as well as brothers and grandchildren, then the inheritance is shared by them with the husband or wife, and in the absence of any relative or distant heir, the inheritance becomes complete with her from the right of the husband or wife.

As for the absence of any legal heir, the Turkish government is taking control of property ownership.

According to the law of real estate inheritance in Turkey, the division of the inheritance does not begin until after making sure that there is no will of the deceased or after the implementation of the will in the event of its existence, and the will is not considered legally effective unless it is officially certified by the notary or notary in Turkey.

 

The will in the law of real estate inheritance in Turkey:

Turkish laws stipulate that it is not possible to start dividing or distributing the inheritance except after making sure that there is no will and if the deceased had written a will before his death stipulating the transfer of ownership of some of his properties to specific persons if they were not among the legal heirs, then it must be implemented. Firstly.

As for foreigners, they are also entitled to leave a will, executed by the law, provided that the document is legally recognized and officially certified by a notary in Turkey. Therefore, it is better to assign the task of preparing the legal will papers to a Turkish lawyer to complete it. To the fullest and to be completed by all the conditions of the will in Turkish law.

 

The terms of the will in Turkey:

The author of the will is required to be at the age of more than fifteen years and to be entirely mentally sound, not suffering from any disease that may affect his mental abilities, such as Alzheimer's or dementia and other diseases that reduce mental abilities and memory, and the will It is written in handwriting in the handwriting of the person who owns the real estate and that they will bear his signature, as well as the signature of two witnesses. Furthermore, they will is mentioned in precise detail the day, month, and year, and the most important of all is that they will be officially certified by any of the Notre offices in Turkey or court.
 

Turkey has many advantages that allow investors worldwide to go to it, reside in it, and buy real estate within it. Turkey thus became like their original home in which they lived, established their lives on its lands, and passed down their business from generation to generation.

And some may ask, what about inheritance in Turkey? And how is this done for foreigners who do not have Turkish citizenship? We will find out next.

 

How is inheritance regulated in Turkey, and what affects it?
 

The most crucial factor affecting inheritance law in Turkey and how to deal with property is the property's location, as Turkish inheritance laws are applied to real estate located within Turkish territory, which applies to real estate and immovable property.

As for the second factor that is no less important than the first factor, which plays a significant role in determining how to deal with property, it is the ownership of the property, as the movable property or real estate will apply to the laws of the country of which the investor has the nationality. In contrast, immovable property is subject to Turkish inheritance law.

 

Who inherits the property in Turkey?


The matter depends on the presence or absence of a will certified by the official authorities, as the will is applied if it exists. Still, when it does not exist, the main inheritors of the property are determined according to the following:

- The children of the deceased and his wife, who share the inheritance among themselves, are at the forefront of the heirs according to specific quotas.
- Since the deceased had no children, his primary heirs are the father and the mother.
- If the deceased parents are not alive and have no children, then the inheritance is shared between the wife and the grandfather and grandmother of the deceased or his sisters.
- And after these come the descendants of the deceased and their children, according to the sequence specified according to Turkish law.
- If the deceased has no relatives, the wife inherits all his property.
- And if the deceased does not possess any heirs, his property belongs to the Turkish government.


And the inheritance is not distributed except after extracting a clearance for the deceased and paying all the debts owed to him.

Regarding the distribution of shares, according to Turkish laws, the wife gets half of the property, while the children get half, and the shares are distributed equally between the male and the female of his children.

Some may ask about the possibility of applying the laws of the deceased's country of origin concerning inheritance. This matter is permissible, provided that all the heirs agree to it.

 

The papers required to transfer the inherited real estate to the ownership of the heirs:
 

- A family statement provided that it is translated and certified; through it, the degree of kinship between the deceased and the heir is clarified.
- To extract the tax number for all heirs.
- A valid passport.
- Personal Photos.


Are foreigners subject to inheritance tax in Turkey?
 

When the real estate and inherited properties are located within Turkish territory, all the heirs who do not hold Turkish citizenship will have an inheritance tax, whether inside or outside Turkey.

But when comparing the value of the inheritance tax between Turkey and neighboring European countries, we will find that it is considered to be somewhat low, and this tax is deducted from the property price, so it decreases whenever the property price decreases.

The tax is divided into categories ranging from 1% to 10% depending on the location of the property and the place where the heir resides.

And the value of the tax varies in Turkey, as the real estate is inherited or transferred to the ownership of the person without consideration as a gift or gift, according to the following:

- If the property value is 41,896 thousand euros or less, the inheritance tax is 1%, while the free transfer tax is 10%.

- And if the property value amounts to 99,228 thousand euros, the inheritance tax amounts to 3%, while the free transfer tax is 15%.

- And when the property value reaches 209,481 thousand euros, the inheritance tax is 5%, and the transfer tax is free of charge, 20%.

- And if the property value is 396,912 thousand euros, the inheritance tax is 7%, and the transfer tax is free of charge, 25%.

The inheritance tax is paid annually between May and November, within a maximum period of 3 years.

 

What about the will in Turkey, and is it implemented?
 

Some conditions must be met within the will for it to become legitimate and work on it in Turkey. It is assumed that the age of the person who writes it is more than 15 years old and has his mental powers. It is necessary that the exact date it was written is written and that The owner signs it and accepts it after writing it in his handwriting. Then he must certify it with a notary, with the presence of two witnesses.

 

How can one of the heirs be prevented from inheriting?
 

Anyone who wishes to prevent one of the heirs from inheriting can submit that to the court with an explanation of the reason that drives him for that, and after this, the heir does not have any right to the property and real estate of the legacy.


 

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