The Problem
A family member has passed away leaving assets in Turkey — property, bank accounts, or a business. As a foreign heir, you face a complex web of Turkish inheritance law, international private law, and practical challenges. Turkish inheritance law includes forced heirship rules that allocate fixed shares to certain heirs regardless of the deceased wishes, and the process for claiming inheritance as a foreigner involves unique documentation requirements and potential tax implications.
How the Law Works in Turkey
Inheritance is governed by the Turkish Civil Code (TMK) Part 3 and the International Private Law (Law No. 5718). Article 20 of Law No. 5718 states that inheritance of movable assets is governed by the law of the deceased last domicile, while inheritance of immovable assets (real property) in Turkey is governed by Turkish law regardless of nationality. Under Turkish law, forced heirship rules (saklı pay) guarantee: surviving spouse receives 1/4 (or 1/2 if no descendants), children share equally in 1/2 (or 3/4 if spouse exists). To inherit, foreign heirs must obtain a Certificate of Inheritance (veraset ilamı) from a Turkish court.
What the Tourist Should Do
Obtain an official death certificate (apostilled and translated to Turkish). Apply to the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) for a Certificate of Inheritance (veraset ilamı). File an inheritance tax return (veraset ve intikal vergisi beyannamesi) within 4 months of the death (6 months if the heir is abroad). Transfer property Tapu registrations using the inheritance certificate. Close bank accounts and transfer funds with the required documentation.
The Risks
Inheritance tax in Turkey ranges from 1% to 30% depending on the value and relationship to the deceased. Missing the tax filing deadline results in penalties and interest. Property in military zones cannot be inherited by foreign nationals from certain countries. Some heirs may need to reject the inheritance (reddi miras) if debts exceed assets — this must be done within 3 months. Failure to register property transfer can create future ownership disputes.
LetFix Solution
LetFix guides foreign heirs through the Turkish inheritance process. Our lawyers obtain inheritance certificates, file tax returns, transfer property titles, and resolve disputes between heirs to ensure a smooth estate settlement.
