When a Foreign Property Owner Dies, Does the Property in Türkiye Pass to the Heirs?

Your mother or father bought a house in Antalya, Bodrum, Marmaris or Fethiye years ago. They spent their summers there, and perhaps in their later years they moved there permanently. Now they are no longer alive. You live in another country, you do not speak Turkish, and you have one question in mind: What will happen to that house?

The short answer is: the property passes to you. Turkish law applies to immovable property located in Türkiye; you prove your status as an heir with an official document in Türkiye, and the property is transferred into your name at the Land Registry. Even if the laws of your country do not allow you to retain the property in your name at the Land Registry, your inheritance rights do not disappear: the property is sold and the proceeds are paid to you.

Below, we explain the process step by step. This article may be regarded as a continuation of our article titled “Can a Foreigner Who Buys a Property in Türkiye Obtain a Residence Permit?” That article explains the acquisition of the property; this one explains what happens after the property owner dies.

Which country's law applies to the property in Türkiye?

The first question is often: “My father was a German citizen. Does German law apply, or Turkish law?”

The rule is as follows: succession is generally governed by the law of the deceased person's country; however, Turkish law applies to immovable property located in Türkiye. This is expressly provided for in Article 20 of the Law on Private International Law and Procedural Law.

“Immovable property” means assets that cannot be moved, such as a house, plot of land or commercial premises.

Therefore, regardless of the deceased person's nationality, the identity of the heirs, their respective shares and the manner in which the property will devolve are determined under the Turkish Civil Code for a house located in Bodrum.

What happens if the deceased left a will? Under the same article, a will made in accordance with the law of the deceased person's country may also be recognized as valid. A will is not disregarded merely because it was made in a foreign country and according to that country's formal requirements.

How do I prove in Türkiye that I am an heir?

The key document for inheritance procedures in Türkiye is the certificate of heirship (mirasçılık belgesi), also commonly referred to as a certificate of inheritance. This document identifies the heirs of the deceased and specifies each heir's share. The transfer of title, meaning the registration of the property in the heirs' names, is carried out on the basis of this document.

Under Article 598 of the Turkish Civil Code, a certificate of heirship may be obtained from the Civil Court of Peace or from a notary public. However, there is an important point for foreign heirs: under the Notary Public Law, notaries may not issue a certificate of heirship when it is requested by foreign nationals. Accordingly, a foreign heir must apply not to a notary, but to the Civil Court of Peace with jurisdiction over the matter. The application is made by way of a petition, and the court issues the document identifying the heirs.

What if you have already obtained an inheritance document in your own country? You cannot simply take that document directly to the Land Registry. As a general rule, Turkish law requires a foreign court decision to be recognized by a Turkish court before it can form the basis for an administrative act in Türkiye. “Recognition” means a court decision establishing that the foreign judgment or decision will be given effect in Türkiye. In practice, therefore, the most straightforward route is often to obtain a Turkish certificate of heirship directly from the Civil Court of Peace in Türkiye.

Will I lose the house?

The answer is clear: no, you do not lose your inheritance rights. There are two possibilities, and in either case you do not lose the value of your inheritance.

The acquisition of immovable property by foreigners in Türkiye is regulated by Article 35 of the Land Registry Law. Under this provision, the President of the Republic determines the countries whose nationals may acquire immovable property in Türkiye. The provision also contains quantitative limits: the total area of immovable property acquired by a foreign national may not exceed 10% of the area of the relevant district subject to private ownership, and 30 hectares per person nationwide.

First possibility: If your country falls within the permitted scope and the applicable limits are not exceeded, the property can be registered in your name. The property becomes yours; you may live in it, rent it out or sell it.

Second possibility: If your country is outside the permitted scope, or the relevant limits are exceeded, the property still passes to you by inheritance, but it cannot remain registered in your name. Under the final paragraph of the same article, such a property must be sold by the heir personally, within a period not exceeding one year to be granted by the Ministry of Treasury and Finance; the law refers to this process as “liquidation.” If the property is not sold within the prescribed period, it will be sold by the administration and the proceeds will be paid to you. In other words, instead of the property itself, the value of the property remains with the heir.

If you are wondering whether your country falls within the permitted scope, do not rely on assumptions. Ask the Land Registry Office where the transaction will be carried out or consult a lawyer and obtain a definitive answer.

How do I register the property in my name?

This process is called title transfer upon inheritance (intikal): the land registry record is transferred from the name of the deceased to the names of the heirs. The application is made to the Land Registry Office together with the certificate of heirship.

If there is more than one heir, the property is initially registered in all of their names under joint ownership by succession (elbirliği mülkiyeti). This means that each heir does not own a specific room or physically defined part of the property; rather, all heirs jointly own the property as a whole. The heirs must act together to sell or divide the property. If they cannot reach an agreement, judicial partition may be sought. That is a separate issue and deserves a separate article.

There is also an important time-related point: under the Land Registry Law, if the title transfer has not been completed within two years from the date of death, the Land Registry Office may itself apply to the court for the issuance of a certificate of heirship and update the registration in the names of the heirs as joint owners. This does not mean that the property is lost; the registration is still made in the names of the heirs. Nevertheless, handling the process yourself is preferable in order to avoid unexpected complications later.

Those who have to manage the process from abroad often cannot travel to Türkiye. It is possible to handle the procedures remotely by granting a power of attorney to a lawyer in Türkiye. The form and requirements of the power of attorney vary depending on the country, so this should be clarified before the process begins.

Do I have to pay inheritance and transfer tax?

Yes. Under Article 1 of the Inheritance and Transfer Tax Law, transfers by inheritance of assets located in Türkiye are subject to this tax. The fact that both the deceased and the heir are foreign nationals does not change this; because the property is located in Türkiye, the tax obligation arises in Türkiye.

A tax return must first be filed. The periods prescribed in Article 9 of the Law vary depending on where the death occurred and where the heir is located:

Place of death / Location of heir / Filing period (from date of death)

Türkiye / Türkiye / 4 months /

Türkiye / A foreign country / 6 months

A foreign country / Türkiye / 6 months

A foreign country / The country where the death occurred / 4 months

A foreign country / Another foreign country / 8 months

The tax amount is calculated by the tax office after the return has been filed.

One further detail is important for the sequence of events: under Article 19 of the Law, the title transfer may be completed without waiting for the tax to be assessed. However, the inherited property cannot be sold or transferred to another person until the inheritance and transfer tax has been paid in full; the Land Registry Office cannot register the sale without a tax clearance certificate (“ilişik kesme belgesi”) issued by the tax office.

In other words, the sequence is: first the property is registered in your name, then the tax is paid, and only afterwards can you sell the property.

What happens if the inheritance is burdened with debt?

The house does not pass alone. Under the Turkish Civil Code, heirs acquire the inheritance as a whole and are also liable for the debts of the deceased. If the deceased had unpaid debts in Türkiye—for example, outstanding condominium/common-expense contributions or tax liabilities relating to the property—these also form part of the inheritance.

If the debts exceed the value of the inheritance, the law provides an exit route: the inheritance may be renounced within three months from the date on which you learn of the death. The period is short, and missing it can have serious consequences. We will explain this issue separately in our next article, titled “Inherited Debts: How Long Do I Have to Renounce an Inheritance?”

What if the deceased was a Turkish citizen and the heir is a foreign national?

The reverse situation also occurs frequently: a Turkish citizen dies and one of the heirs is a foreign spouse or child. The same rules apply. Turkish law governs the property located in Türkiye; the foreign heir must obtain the certificate of heirship from the Civil Court of Peace rather than a notary; and whether the property can be registered in the heir's name depends on the scope and limitations set out in Article 35 of the Land Registry Law.

If the heir falls outside the permitted scope, the property will nevertheless be sold and the proceeds will be paid to the heir.

What happens to my residence permit after I inherit the property?

Once the property is registered in your name, you become a “foreigner who owns immovable property in Türkiye.” We explained in our first article what this means for a residence permit application and what conditions apply: “Can a Foreigner Who Buys a Property in Türkiye Obtain a Residence Permit?” There, you can read why property ownership does not itself grant a residence permit but can constitute a valid basis for applying for one.

Summary

• Turkish law applies to immovable property located in Türkiye; the nationality of the deceased does not change this.

• You prove your status as an heir in Türkiye by obtaining a certificate of heirship. A foreign heir cannot obtain this document from a notary; the application must be made to the Civil Court of Peace.

• A document obtained in your home country cannot generally be taken directly to the Land Registry; as a rule, it must first be recognized by a Turkish court.

• Your inheritance rights do not disappear. If your country falls within the permitted scope and the applicable limits are not exceeded, the property becomes yours; otherwise, the property is sold and the proceeds are paid to you. Check your country's status with the Land Registry Office or a lawyer.

• The title transfer upon inheritance is carried out at the Land Registry Office on the basis of the certificate of heirship. If it is not completed within two years from the date of death, the Land Registry Office may take action itself.

• The inheritance and transfer tax return must be filed within four, six or eight months depending on the circumstances. The property is first registered in your name, the tax is then paid, and only afterwards may the property be sold.

• If the inheritance is burdened with debt, it may be renounced within three months; we will address this issue in the next article.

This article has been prepared on the basis of the legislation in force in Türkiye as of September 18, 2026. It is intended for general informational purposes only and does not constitute legal advice in relation to any specific case.