Many who are considering buying a property in Turkey comes to their minds the question of inheriting real estate in Turkey and knowing the fate of their property after death. In this article we will discuss the most important aspects of this issue and answer the most important questions that revolve in your mind about the inheritance of Turkish real estate.
Does the Turkish government put its hand on the property of deceased Turkish or foreigners?
Of course not, those who have a relative who dies in Turkey "according to their degree of relationship" can apply for their right to inherit the Turkish property, and it is not the same in Turkey as it is in China, for example, where the Chinese government seizes the real estate of the deceased.
But in case that there are no inheritors of the property in the first place, then the property will become a trust with the Turkish government.
Does only the Turkish law apply to Turkish property inheritance?
In fact, real estate inheritance in Turkey is in done according to the Turkish law in principle, but in case that the heirs apply to the Turkish court and demand that the Turkish property be inherited according to the country in which the heirs reside, other laws can be adopted to inherit real estate in Turkey.
Who are the ones entitled to inherit the property in Turkey?
Real estate is inherited in Turkey according to Turkish law, and this law has a specific priority in inheritance, according to which the husband / wife of the deceased is inherited according to the following priorities:
The husband / wife with the children: If the deceased owner of the property had a “husband” or a wife and children, then the inheritance would be distributed equally among them.
The husband with the parents of the deceased: If the deceased had no children, and he had a wife "or a husband", then the inheritance would be distributed between the husband/wife and the parents of the deceased.
The husband with the deceased's brothers and sisters: Here the property is inherited to the husband/wife of the deceased with the brothers and sisters of the deceased, in case that there are no children or alive parents for the deceased owner of the Turkish property.
The husband, grandchildren and great-grandchildren: If there is none of the above 1-2-3 cases, the husband/wife will be inherited with the grandchildren of the property's owner and the children of his grandchildren.
Will and inheritance of Turkish real estate
In case that the heirs apply for their right to inherit a Turkish property, the Turkish court will make sure that there is a will for the deceased Turkish property owner.
The will that is approved in this case is the one that is registered with one of the offices of the Turkish notary, and in the absence of the will, the Turkish property will be inherited according to what was previously explained to the husband/wife, children ... etc.
It should be noted that the will must meet many conditions in order to be approved, including that the writer of the will, "the testator", is over the age of 15, and that he should be with all his mental powers, and that the will is written in his handwriting with a date and signed by the owner of the will, with the presence of two witnesses who sign on the will at the Turkish notary.
The court checks whether or not the will is from the offices of the Turkish notary, and then the inheritance distribution to the heirs begins according to the Turkish law, or according to the law that is approved for inheritance.
Real estate inheritance tax in Turkey
As there are taxes in case of transferring ownership of the property upon purchase, and just as the new owner of the property is the one who will have to pay this tax, in this case also there is a tax on whoever will inherit the property as this is a form of property transfer in Turkey.
The value of the property inheritance tax in Turkey ranges between 1% and 30%, and this mainly relates to the value of the property, the residency status of the heirs as well as the location of the property.
When is the property inheritance tax paid in Turkey?
Real estate taxes are paid in the 5th and 11th of each year, and this tax can be paid over a period of more than one year, and this tax is considered as an income tax that must be paid by virtue of the process of determining the inheritance.
