Which Country’s Law Applies to Your Estate?
This is the starting point of every cross-border inheritance case, and Turkish law answers it with a clear two-part rule found in Article 20 of the Turkish Code on Private International Law (Law No. 5718, known as “MÖHUK”):- Immovable property located in Turkey — apartments, houses, land — is always governed by Turkish inheritance law, regardless of the deceased’s nationality or place of residence.
- All other assets (movables such as bank accounts, vehicles, shares) are governed by the national law of the deceased — that is, the law of the country whose citizenship they held.
Inheritance Laws in Turkey: Who Are the Legal Heirs?
Turkish inheritance laws follow the Turkish Civil Code and use a system of ranked groups of relatives, known as the “zümre” (lineage) system. Heirs in a closer group exclude those in more distant groups entirely:- First group: the deceased’s children and their descendants (grandchildren, great-grandchildren).
- Second group: the deceased’s parents and their descendants (siblings, nieces and nephews) — they inherit only if there are no descendants.
- Third group: the deceased’s grandparents and their descendants (aunts, uncles, cousins) — they inherit only if the first two groups are empty.
- together with the deceased’s children: the spouse receives 1/4 of the estate;
- together with the deceased’s parents or siblings: the spouse receives 1/2;
- together with grandparents or their descendants: the spouse receives 3/4;
- if none of these relatives exist: the spouse inherits everything.
Reserved Shares and Disinheritance Under Turkish Law
One of the features of Turkish law that most surprises foreigners — especially those from common-law countries like the UK or the US, where testamentary freedom is broad — is the concept of the reserved share (saklı pay). Certain close relatives are entitled to a minimum portion of the estate that a will cannot take away from them:- Descendants (children, grandchildren): reserved share equal to 1/2 of their statutory share;
- Mother and father: 1/4 of their statutory share each;
- Surviving spouse: the entire statutory share when inheriting together with descendants or the deceased’s parents, and 3/4 of the statutory share in other cases.
Can You Ever Disinherit an Heir? Yes — on Specific Grounds
Reserved shares are strong, but they are not absolute. The Turkish Civil Code allows a testator to disinherit even a reserved-share heir (mirasçılıktan çıkarma) by will, in two situations set out in Article 510:- the heir has committed a serious criminal offence against the deceased or a person close to the deceased; or
- the heir has substantially failed to fulfil their family-law duties towards the deceased or the deceased’s family (for example, long-term abandonment or neglect).
Turkish Property Inheritance Law: Can Foreign Heirs Acquire Real Estate?
The short answer is yes — citizens of most countries can inherit real estate in Turkey. Turkish property inheritance law, however, applies the same nationality-based framework that governs property purchases, set out in Article 35 of the Land Registry Law (Law No. 2644):- Citizens of the large majority of countries (more than 180, determined by the President) may acquire property in Turkey, including by inheritance.
- A foreign individual may hold at most 30 hectares of real estate in Turkey in total, and foreign ownership in any given district cannot exceed 10% of the privately ownable land area.
- Properties inside military forbidden zones and security zones cannot be registered in the name of foreign nationals. Under Article 29 of the Law on Military Forbidden Zones and Security Zones (Law No. 2565), the President of the Republic is authorised to order the liquidation of real estate belonging to foreign individuals and legal entities in these zones and to determine how that liquidation is carried out.
The Inheritance Process in Turkey, Step by Step
1. Obtain a Certificate of Inheritance (Veraset İlamı)
Before any asset can be transferred, the heirs must be officially identified. This is done with a certificate of inheritance (mirasçılık belgesi / veraset ilamı). While Turkish citizens in straightforward cases can obtain this certificate from a notary, cases involving a foreign element must go through the Civil Court of Peace (Sulh Hukuk Mahkemesi). This is not merely a matter of practice — it rests on two express legal provisions:- Article 71/B of the Notary Law (Law No. 1512) provides that a certificate of inheritance cannot be issued by a notary where the matter requires judicial examination, where the civil registry records are insufficient, or where the certificate is requested by foreigners;
- Article 37 of the Land Registry Law (Law No. 2644) provides that inheritance transfers concerning foreign individuals may only be carried out at the land registry on the basis of a certificate of inheritance issued by a Turkish court — or a certificate issued by the competent foreign authority whose conformity with the Turkish rules on succession has been confirmed by a Turkish court.
2. File the Inheritance Tax Declaration
Once heirship is established, an inheritance and transfer tax declaration must be filed with the Turkish tax office. The deadlines depend on where the death occurred and where the heirs live — generally four months if both the death and the heirs are in Turkey, and six months where the death occurred abroad or the heirs live abroad.3. Transfer the Title Deed and Other Assets
With the certificate of inheritance and the tax office’s clearance in hand, the heirs apply to the Land Registry (Tapu) office to register the property in their names, and to banks to release account balances. In practice, foreign heirs usually complete the entire process through a lawyer acting under a power of attorney, without needing to travel to Turkey repeatedly.Is There Inheritance Tax in Turkey? (2026 Rates)
Yes — but it is modest by European standards. Turkey levies an inheritance and transfer tax (veraset ve intikal vergisi) on assets passing by inheritance, with generous exemptions. For 2026:- The first TRY 2,907,136 of each share inherited by the spouse and each child is tax-exempt;
- if there are no descendants, the spouse’s exemption rises to TRY 5,817,845;
- gratuitous transfers (gifts) enjoy a smaller exemption of TRY 66,935.
| Taxable base (2026) | Inheritance rate | Gift rate |
|---|---|---|
| First TRY 3,000,000 | 1% | 10% |
| Next TRY 7,000,000 | 3% | 15% |
| Next TRY 15,000,000 | 5% | 20% |
| Next TRY 30,000,000 | 7% | 25% |
| Above TRY 55,000,000 | 10% | 30% |
Should Foreigners Make a Will in Turkey?
A foreign national can make a will in Turkey before a notary, in handwritten form, or rely on a will validly made abroad — Turkey is party to the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, which it joined by Law No. 2662 of 22 April 1982 (Official Gazette No. 17931, 17 January 1983). As a result, a will that is formally valid under the law of the place where it was made is generally recognised in Turkey. Turkey applies the Convention with a few limited reservations — concerning oral wills of its own citizens, the determination of domicile and clauses unrelated to succession — which rarely affect foreign testators in practice. The key limits to keep in mind are substantive, not formal: for real estate in Turkey, the reserved-share rules described above cannot be overridden, whatever the will says — although the specific disinheritance grounds in the Turkish Civil Code remain available. A Turkish will is nonetheless often worth making. It speeds up the procedure, avoids translation and recognition issues, and lets you distribute the disposable portion exactly as you wish — for example, leaving the freely disposable part of your Turkish property to your spouse rather than splitting everything by default rules.Conclusion
Inheritance law in Turkey for foreigners is a mixture of firm mandatory rules (Turkish law for real estate, reserved shares for close family) and practical, manageable procedure (a court certificate, a modest tax, a title transfer). The system protects heirs well — but it rewards preparation. Whether you are an owner planning ahead or an heir dealing with a recent loss, taking advice early prevents costly mistakes with deadlines, documents and restricted-acquisition rules. Our team advises foreign property owners and heirs at every stage of the Turkish inheritance process — from wills and estate planning to certificates of inheritance, recognition proceedings and title deed transfers. Contact us for a consultation.Frequently Asked Questions
Can foreigners inherit property in Turkey? Yes. Citizens of most countries can inherit real estate in Turkey, subject to the same restrictions that apply to purchases (nationality-based eligibility, military zones, area limits). Heirs who cannot legally hold the property receive its sale value instead. Which law applies if a foreigner dies owning property in Turkey? Turkish law applies to all immovable property located in Turkey. Movable assets such as bank accounts are governed by the national law of the deceased, under Article 20 of the Turkish Code on Private International Law. Is there inheritance tax in Turkey? Yes, but rates are low: 1% to 10% on a progressive scale, after a 2026 exemption of TRY 2,907,136 per share for the spouse and each child. The tax can be paid over three years in six installments. How do foreign heirs prove they are heirs? By obtaining a certificate of inheritance from the Turkish Civil Court of Peace, supported by apostilled and translated civil status documents. A foreign certificate of inheritance must be recognised by a Turkish court before it can be used. Can I leave my Turkish property to anyone I want in my will? Only partly. Your children, parents and spouse have reserved shares protected by Turkish law, and you can freely dispose of the remaining portion. Disinheriting a reserved-share heir entirely is possible only on the specific grounds listed in the Turkish Civil Code, such as a serious offence against the testator or grave neglect of family duties. How long does the inheritance process take in Turkey? A straightforward case — court certificate, tax declaration and title transfer — is typically completed within a few months. Cases involving document legalisation, recognition of foreign judgments or disputes between heirs take longer.Related service: Turkish real estate in an estate passes through the Land Registry, and heirs living abroad usually discover the inheritance and gift tax position only when a transfer is blocked. We act on the succession and the registry transfer together — title deed and property matters — and on the tax that follows — inheritance and gift tax for foreigners.