Inheritance Law in Turkey: Inheritance Rights and Application Processes for Foreign Nationals

Turkey’s inheritance law is governed by the Turkish Civil Code, which outlines the inheritance rights and application processes for both Turkish citizens and foreign nationals. This guide aims to provide foreign investors and expatriates with a comprehensive understanding of how inheritance law applies to them, including the inheritance rights they hold, the application procedures they need to follow, and the potential challenges they might face.

Foreign nationals are entitled to inherit property and assets in Turkey under the same conditions as Turkish citizens, with some restrictions in certain areas such as military zones or rural land. In most cases, if a foreign national inherits property in Turkey, they are subject to the same laws as Turkish citizens, ensuring equal treatment in matters of inheritance.Key points include:

1. Nationality Considerations: Inheritance for foreign nationals is generally regulated by their home country’s laws. However, if the deceased had assets in Turkey, Turkish law will govern the distribution of those assets unless otherwise stipulated in a will.
2. Wills and Testaments: Foreign nationals can make a will in Turkey to specify how they want their assets distributed. If no will is left, Turkish inheritance law dictates the distribution.
3. Legal Heirs: Turkish inheritance law recognizes spouses, children, and other relatives as primary heirs. In cases where no legal heirs are found, the estate may be passed to the state.

1. Gathering Documents: The first step is obtaining a Certificate of Inheritance (Mirasçılık Belgesi), which identifies the legal heirs. Foreign nationals will need to provide documents such as a death certificate, proof of relationship to the deceased, and any wills or legal documents related to the estate.
2. Court Proceedings: The application for inheritance must be filed at the Turkish Civil Courts of Peace. Foreign nationals are advised to work with a local attorney who can assist with the process and represent them in court.
3. Taxation: Inheritance tax applies to all assets inherited in Turkey, including real estate, bank accounts, and personal property. The rates range from 1% to 10% depending on the value of the inheritance and the relationship between the deceased and the heir.

• Bilateral Agreements: Some countries have bilateral agreements with Turkey that can influence the application of inheritance law. It is essential for foreign nationals to consult legal professionals who are familiar with both Turkish law and the laws of their home country.
• Restricted Areas: Foreign nationals may face restrictions when inheriting property in military zones or certain rural areas. In such cases, selling the property may be an option, and legal advice should be sought to navigate these restrictions.

Inheritance law in Turkey provides foreign nationals with the right to inherit property and assets, but the process can involve several legal complexities. Working with an experienced attorney familiar with both Turkish and international inheritance laws is crucial for ensuring a smooth process. Understanding the rights, application procedures, and potential challenges will help foreign nationals navigate inheritance matters in Turkey with confidence.