The Inheritance Process in Türkiye for Foreign Heirs

Alanya has long been a region where foreign investors and retirees buy property, so apartments and land here frequently change hands through inheritance. When you lose a loved one, understanding how the inheritance process works in Türkiye becomes very important. In this guide we explain the key stages foreign heirs face in Türkiye: the applicable law, the certificate of inheritance, reserved shares, estate tax and the transfer of title.

Which Law Applies in Türkiye?

The law that governs an inheritance depends on the type of asset. This distinction is one of the most critical points for foreign heirs.

• Immovable property (land, apartments, commercial units): Immovable property located in Türkiye is subject to Turkish law (the Turkish Civil Code), regardless of the deceased's nationality. This follows from the principle of the law of the place where the property is located (lex rei sitae). In other words, an apartment in Alanya is distributed according to Turkish inheritance law whatever the owner's citizenship.
• Movable assets and general succession: For movable assets and the general rules of succession, the national law of the deceased is, in principle, applied. This is a technical matter that must be assessed on the specific facts and confirmed by a lawyer.

Because of this distinction, both Turkish law and foreign law may be relevant within a single estate. That is why obtaining a legal assessment at the outset helps you avoid surprises later.

How Is the Certificate of Inheritance Obtained?

The document that formally proves you are an heir is the certificate of inheritance (veraset ilamı). Turkish citizens can often obtain it from a notary; for foreign heirs the situation is different.

Because foreigners are not registered in the Turkish population registry system (MERNIS), as a rule they cannot obtain the certificate of inheritance from a notary. Foreign heirs generally have to apply to the Civil Court of Peace (Sulh Hukuk Mahkemesi) and obtain the certificate by court decision. This is the stage that takes the most time and requires careful document preparation.

In some cases the court may also examine the principle of reciprocity, that is, whether the heir's country of citizenship grants Turkish citizens the right to inherit immovable property there.

Reserved Shares and Renouncing the Inheritance

The Turkish Civil Code contains the institution of the reserved share (saklı pay), which protects close heirs. Close heirs such as the spouse, children and parents have a certain statutorily protected share; a will cannot freely override these reserved shares. Where an Alanya property is concerned, this protection applies under Turkish law.

An inheritance covers not only assets but also debts. Heirs may accept or renounce the inheritance (reddi miras). There is a statutory period for renouncing; this period is generally stated as three months, but because its starting point and exact length can vary with the case, it should be confirmed with a lawyer. Remember that debts pass together with the estate.

Inheritance and Transfer Tax

An inheritance and transfer tax (veraset ve intikal vergisi) is payable on an estate in Türkiye. The tax is calculated on a progressive tariff and can generally be paid in installments. Because the rates and brackets are updated every year, no specific percentages are given here; the current tariff should be confirmed by a lawyer or financial advisor.

Process Steps

• Collecting and translating the documents proving the death and the family relationship
• Applying to the Civil Court of Peace to obtain the certificate of inheritance
• Assessing reserved shares and any will
• Reviewing the renunciation period and any estate debts
• Filing the inheritance and transfer tax return and planning payment
• Registering the property in the heirs' names at the Land Registry

Typical Documents

• The deceased's death certificate (apostilled and with a sworn Turkish translation)
• The heir's passport
• Foreign population/family registration document showing the relationship (apostilled and translated)
• Apostilled and sworn-translated power of attorney if acting through a lawyer

We Are With You in Alanya

For foreign heirs, the inheritance process in Türkiye can be long and technical because of the court application, translations, tax and title procedures. By granting a power of attorney, you can have most of the steps handled without being present in Türkiye. At Rufina Taştan Law Office in Alanya, we serve clients in Turkish and Russian and manage the process diligently. For a free initial consultation, you can reach us at +90 538 838 63 66.

Frequently Asked Questions

Can a foreign heir inherit an apartment in Alanya?

Yes. Immovable property located in Türkiye is distributed under Turkish law, and foreigners can be heirs. In certain cases the court may examine reciprocity with the heir's country. A legal assessment is recommended for your specific situation.

Can a foreign heir obtain the certificate of inheritance from a notary?

As a rule, no. Because foreigners are not registered in the MERNIS system, they generally have to obtain the certificate of inheritance from the Civil Court of Peace. The required documents must be prepared with apostille and sworn translation.

Do I have to be in Türkiye during the inheritance process?

No. If you issue an apostilled and sworn-translated power of attorney, your lawyer can carry out most of the steps, such as the court application, tax procedures and title registration, on your behalf.

Will I also be responsible for the estate's debts?

An inheritance covers both assets and debts. If you do not wish to take on the debts, you may renounce the inheritance (reddi miras). There is a statutory period for this; since its starting point and length can vary with the case, it is important to consult a lawyer without delay.

Do I have to pay the inheritance tax all at once?

The inheritance and transfer tax can generally be paid in installments. Because the rates and payment schedule are updated annually, you should confirm the current tariff with your lawyer or financial advisor.

How does the property pass to my name after the certificate is issued?

Once the certificate of inheritance is obtained, the inheritance tax procedures are completed and the property is registered in the heirs' names at the Land Registry. The apartment or land is then officially recorded in your name.