Inheritance Law in Turkey: The 2026 Expat Guide
0% 9 min left
Inheritance-Law-In-Turkey

Inheritance Law in Turkey: The 2026 Expat Guide

9 min read Updated: December 26, 2025

Losing a loved one is hard enough without the added nightmare of foreign bureaucracy. But if your relative left behind assets in Turkey, you are likely facing a second shock: the Turkish legal system. Many expats assume their will from back home automatically covers their holiday villa in Antalya or their apartment in Istanbul. That is a dangerous misconception.

Here is the hard truth: Real estate in Turkey is governed exclusively by Turkish lawregardless of your citizenship. Without the correct paperwork, bank accounts remain frozen and title deeds (Tapu) stay locked. In this guide, we cut through the noise of Turkish inheritance law, updated with the fiscal realities for 2026, to help you secure your legacy without the legal headache.

The Golden Rule: How Foreigners are Treated

The Turkish legal system is based on the Swiss Civil Code and is strictly secular. Forget the myths about Sharia law; it plays no role in state courts here. Generally, foreign heirs have the same rights as Turkish citizens. However, there is one critical distinction you must understand:

  • Movable Assets (Cash, Cars, Stocks): For these, the law of the deceased’s home country can apply, provided a valid will stipulates it or the court allows it.
  • Immovable Assets (Real Estate): This is where the Lex rei sitae principle kicks in. It means: Any property on Turkish soil is subject to Turkish inheritance law. Period. A British or German will that ignores these rulesspecifically regarding “Reserved Shares” (Saklı Pay)—may be deemed invalid for the property.

Navigating this paperwork often requires precise details. If you are struggling with local forms, check our guide on the Turkish Address Format to ensure your applications don’t get rejected for simple typos.

Who Gets What? (The Statutory Quotas)

If there is no valid will, the Turkish Civil Code (Türk Medeni Kanunu) dictates the distribution. The system is logical and prioritizes the nuclear family. Understanding this hierarchy is crucial, as family structures directly impact the outcomea topic we touch on in our analysis of Marriage and Divorce Statistics in Turkey.

Scenario 1: Spouse and Children

This is the most common scenario. The surviving spouse and children split the estate:

  • Spouse: 1/4 (25%) of the estate.
  • Children: 3/4 (75%) of the estate, divided equally among them.

Scenario 2: Spouse and Parents (No Children)

If the deceased leaves no children, the parents (or their descendants, i. e., siblings of the deceased) inherit alongside the spouse:

  • Spouse: 1/2 (50%) of the estate.
  • Parents/Siblings: 1/2 (50%) of the estate.

Scenario 3: No Children, No Parents

If neither children nor parents (or their descendants) are alive, the grandparents inherit:

  • Spouse: 3/4 (75%) of the estate.
  • Grandparents: 1/4 (25%) of the estate.

If there are no relatives at all, the spouse inherits everything. If there is no spouse and no kin, the estate falls to the Turkish State.

The Process: Getting the “Golden Ticket” (Veraset İlamı)

To touch a single Lira or transfer a deed, you need the Veraset İlamı (Certificate of Inheritance). Without it, you are legally invisible to banks and land registries. For foreigners, the path is slightly steeper than for locals.

Step 1: Gather Documents Back Home

You must prove your identity and your relationship to the deceased. You will need:

  1. Death Certificate: International version or Apostilled.
  2. Certificate of Inheritance (Home Country): Proves your legal standing in your own jurisdiction.
  3. Family Registry/Birth Certificates: To prove kinship.

All foreign documents must be translated into Turkish and notarized in Turkey or at a Turkish consulate.

Step 2: The Peace Court (Sulh Hukuk Mahkemesi)

Here is where street smarts apply: While Turkish citizens can often just visit a notary, foreign heirs usually have to go through the Civil Court of Peace (Sulh Hukuk Mahkemesi). Why? The court needs to verify “reciprocity” between countries and validate foreign documents. Expect this to take anywhere from a few weeks to a few months.

Step 3: Inheritance Tax (Veraset ve İntikal Vergisi)

Before any property title is transferred to your name, the Turkish state wants its share. The good news? Compared to many EU countries, Turkey’s inheritance tax rates are quite moderate. The declaration must be filed within 4 months (if death occurred in Turkey) or 6 months (if abroad).

Current Inheritance Tax Rates (2026 Outlook):

Tax RateValue of Inheritance (Tax Base)
1%First 2,400,000 TL
3%Next 5,700,000 TL
5%Next 12,000,000 TL
7%Next 24,000,000 TL
10%Amounts over 44,100,000 TL
Note: These rates apply to inheritance. For gifts (inter vivos), rates are higher (10% – 30%).
Lex Rei Sitae Land Law Principle
2.3M TL Tax-Free Exemption
Saklı Pay Reserved Shares

Who Inherits What?

Under the Turkish Civil Code, distribution is strictly defined based on the surviving family structure. Select a scenario below to visualize the split.

${current.spouse} Spouse Share
${Object.entries(scenarios).map(([key, val]) => ` `).join('')}
Immovables

Real estate is always subject to Turkish Law, regardless of your home country's will.

Movables

Cash and cars may follow your national law if a valid international will is recognized.

Reserved Share

You cannot fully disinherit children; Turkish law protects their "Saklı Pay" minimums.

2026 Inheritance Tax Brackets

First 2.4M TL 1%
Next 5.7M TL 3%
Next 12M TL 5%
Next 24M TL 7%
Over 44.1M TL 10%

The "Golden Ticket"

To access assets, you must obtain the Veraset İlamı (Inheritance Certificate). Foreigners typically must secure this via the Sulh Hukuk Mahkemesi (Peace Court) to verify document reciprocity.

`; } }customElements.define('turkish-inheritance-oracle', TurkishInheritanceOracle);

There are also significant exemptions. For 2026, the tax-free limit for children and spouses is projected at approximately 2,316,628 TL each. If the spouse inherits alone (no children), the exemption jumps to around 4,636,103 TL. Once you have navigated the tax, deciding what to do with the property is nextour guide to Renting in Istanbul offers insights if you plan to become a landlord.

Practical Pitfalls: What Can Go Wrong

1. The Tax Blockade
You cannot transfer the Title Deed (Tapu) until the tax office issues a “Certificate of No Impediment.” This only happens after you pay the inheritance tax. No tax payment, no property.

2. The Shared Ownership Trap
Inherited property often ends up as “Joint Ownership” (Elbirliği Mülkiyeti). To sell, all heirs must agree. If one cousin disagrees, they can file a lawsuit for partition (Izale i Şüyu), forcing a sale by public auctionusually at a price far below market value.

3. The Will (Vasiyetname)
A foreign will is valid if it meets the Hague Convention standards, but it cannot violate the Turkish Reserved Share (Saklı Pay). You cannot simply disinherit your children in Turkey as you might in the US or UK. The law fiercely protects their minimum share.

Funerals and Final Steps

Beyond the legal battles, there are logistics. Organizing a funeral or repatriation requires quick decisions. While Turkish authorities are generally efficient, the language barrier during a time of grief can be overwhelming.

Turkish inheritance law is complex, but manageable. The single best piece of advice for any property owner? Organize your affairs while you are alive. A bilingual, notarized will in Turkey costs very little but can save your heirs months of uncertainty and legal fees.

Similar Posts