Property buyers in Turkey often ask an important question: what happens to the apartment after the owner's death? Can the property be passed on to a spouse, children, or grandchildren? Are inheritance, gifts, and wills legal in Turkey? Can the property's intended beneficiaries be designated in advance?
The short answer: yes, property inheritance is possible in Turkey, gifting is possible, and it's possible to draw up a will in advance. However, it's important to understand that the procedure differs from what many foreign buyers are accustomed to and requires proper paperwork.
What happens to real estate after the owner's death?
If a person buys an apartment in Turkey and receives a TAPU, they officially own the property. Upon their death, the property does not disappear or "be taken by the state." Ownership rights pass to their heirs.
If the owner has a spouse, children, grandchildren, or other legal heirs, they can formalize the inheritance and register their ownership rights through the Turkish TAPU system.
In Turkey, this procedure is called intikal – transfer of ownership by inheritance.
This means that after the owner's death, the apartment can be transferred to the heirs, but this doesn't happen automatically. The heirs must go through the legal and tax procedures.
What law applies to foreigners' property in Turkey?
If we're talking about real estate located in Turkey, Turkish law applies. This is an important point for foreign buyers.
Even if the owner was a citizen of another country, an apartment, house, plot of land, or commercial property in Turkey is inherited according to the rules that apply to real estate in Turkey.
Therefore, heirs need to prepare documents in Turkey and work with Turkish authorities: the court or notary, the tax service and Tapu Müdürlüğü.
Who inherits property in Turkey?
If there is no will, inheritance occurs according to the law.
Typically, the next of kin are:
- spouse;
- children;
- grandchildren, if the owner’s child died earlier;
- parents;
- other relatives depending on the family situation.
If the deceased has a spouse and children, the inheritance is divided between them. Typically, the spouse receives their legal share, and the children divide the remainder among themselves.
If there are no children, the spouse's share increases, and parents, brothers, sisters, or other relatives may be involved in the inheritance in the manner prescribed by law.
If there are no heirs at all, the property may go to the state. However, if there is a spouse, children, grandchildren, or other legal heirs, they have the right to register the inheritance.
Is it possible to transfer an apartment to a spouse, children or grandchildren?
Yes, you can.
After the death of the owner, immediate relatives can obtain ownership of the property in Turkey through the inheritance procedure.
There are different options:
- All heirs receive shares in the TAPU.
- One heir buys out the shares from the others.
- The heirs agree on the division of property.
- The property is sold and the money is divided among the heirs.
- If there is a will, the property is distributed taking into account the will of the deceased and the obligatory shares of the heirs.
In practice, the simplest option is when the heirs understand in advance who will use the property and agree among themselves.
What is intikal in TAPU?
Intikal is the registration of the transfer of ownership in the land registry after the death of the owner.
Simply put, if the apartment was registered to a deceased person, the heirs must complete the paperwork and register their rights with Tapu Müdürlüğü.
This usually requires:
- death certificate;
- documents of heirs;
- passport details;
- Tax number in Turkey;
- veraset ilamı / mirasçılık belgesi — certificate of inheritance;
- documents with translation and apostille, if they are issued outside Turkey;
- inheritance tax return;
- documents for the real estate property;
- application to Tapu Müdürlüğü.
If an inheritance document was obtained abroad, recognition or confirmation by a Turkish court may be required for use in Turkey. Therefore, foreign heirs are advised to consult with a lawyer or probate specialist in Turkey in advance.
Is there a will in Turkey?
Yes, there is a will in Turkey.
A will is called vasiyetname in Turkish .
A property owner can specify in advance to whom they wish to transfer the apartment after their death. For example, to their spouse, children, grandchildren, or another person.
But it's important to understand: a will doesn't always completely exclude legitimate heirs. Turkish inheritance law stipulates compulsory shares for close heirs. This means that children, a spouse, or certain other heirs may have a legally protected share of the inheritance.
Therefore, a will must be drawn up correctly, taking into account the family situation, the owner's citizenship, the composition of the heirs, and the specific property.
Is it possible to pre-determine who will inherit the apartment?
Yes, it is possible to make a will and specify specific real estate in Turkey.
For example, the owner may indicate:
- to whom the apartment should go;
- to whom the shares are transferred;
- who receives the right of use;
- how to distribute property between children;
- what to do with an object after death;
- Who should handle the paperwork?.
However, a will does not eliminate the need to go through the probate process after the owner's death. Even if there is a will, the heirs will still need to complete the paperwork, confirm their rights, and register the transfer of ownership with the Tapu (Tapu) system.
Where is the best place to draw up a will?
The safest option for real estate in Turkey is to draw up a will in Turkey through a notary or other authorized body, with the participation of a sworn translator if the owner does not speak Turkish.
For a foreigner, it is important that the document is understandable to Turkish authorities and can be used when registering an inheritance.
It is also possible to have a will in your home country, but in this case, after the owner's death, the heirs may require a translation, an apostille, recognition of the document, and additional legal proceedings in Turkey.
Therefore, if we are talking specifically about Turkish real estate, it is more practical to obtain a consultation in Turkey in advance and prepare the documents so that it will be easier for the heirs to register the property.
Is it possible to gift real estate during one's lifetime?
Yes, real estate donation exists in Turkey.
Giving is called bağış or hibe.
The owner can gift the apartment to a spouse, children, grandchildren, or another person during their lifetime. To do this, the transaction is processed through Tapu Müdürlüğü, and ownership is transferred to the recipient.
But a gift isn't simply a matter of "rewriting the apartment." It's a full-fledged transaction with tax and registration costs. Family and inheritance implications must also be considered: in some situations, a gift can be contested by heirs if it violates their mandatory shares.
Gifting can be a convenient option if the owner wants to transfer the property to a specific person in advance, without waiting for probate proceedings. However, before making such a decision, it's important to carefully consider taxes, expenses, the family situation, and potential risks.
Is it possible to register an apartment directly in the name of children or a spouse?
Yes, when purchasing real estate in Turkey, you can immediately obtain a TAPU:
- per owner;
- to spouses in shares;
- on children;
- for several family members;
- for each in a certain share.
For example, an apartment can be decorated:
- 100% per person;
- 50% for the husband and 50% for the wife;
- 1/3 for spouses and child;
- in other shares by agreement.
This is often the easiest way to distribute property rights in advance and reduce future inheritance disputes.
However, if one of the owners is a minor, future transactions involving their share may require additional permissions. Therefore, registering property in the name of children should be planned in advance and the consequences should be understood.
Which is better: inheritance, will or gift?
There's no universal answer. Everything depends on the owner's family, citizenship, age, heirs, and the purpose of the purchase.
If you do nothing
The property will be inherited according to the law. This is the normal option if everything is clear within the family and there are no disputes between the heirs.
Plus: no need to prepare additional documents in advance.
Disadvantage: After the owner's death, the heirs will have to go through the inheritance procedure, collect documents, file a tax return, and register the transfer of ownership.
If you make a will
The owner sets out his wishes in advance: to whom the apartment should go.
Pros: less uncertainty for heirs.
Disadvantage: The will must be drawn up correctly and must not violate the obligatory shares of the heirs.
If you give away real estate during your lifetime
The owner can transfer the property to the required person in advance.
Plus: ownership is transferred immediately, without waiting for an inheritance.
Disadvantages: There are registration costs, tax implications, and possible inheritance risks if the gift violates the rights of other heirs.
If you register shares already at the time of purchase
This is often the most practical option for families.
Plus: the property is immediately distributed among the right people.
Disadvantage: When selling or changing shares, the consent of all owners is required, and if there are minors among them, the procedure may be more complicated.
How can heirs register an apartment after the owner's death?
Typically the procedure looks like this:
- Obtain a death certificate.
- Prepare documents for the heirs.
- Get translation and apostille of foreign documents if they were not issued in Turkey.
- Get veraset ilamı / mirasçılık belgesi — document on heirs.
- Submit a tax return on inheritance and gratuitous transfer of property.
- Pay the required taxes and fees.
- Apply to Tapu Müdürlüğü.
- Register the transfer of ownership to the heirs.
- Obtain updated data in TAPU.
If there are multiple heirs, the property can be registered as shares. After this, the heirs can leave everything as is, sell the property, divide the shares, or transfer the property to a single person by agreement.
Do I need to pay tax on inheritance?
Yes, there is a tax on inheritance and gratuitous receipt of property in Turkey - Veraset ve İntikal Vergisi.
It applies to both inheritance and gifts. Even if the amount qualifies for benefits or exemptions, in some cases a tax return must still be filed.
The tax amount depends on the value of the property, the degree of kinship, the year of registration, and the current tax rate. Therefore, before registering an inheritance or gift, it is important to check the current rates and filing deadlines.
What foreign buyers need to know
Foreign property owners in Turkey are advised to consider inheritance matters in advance.
This is especially important if:
- the property is registered to only one spouse;
- there are children from different marriages;
- the owner wants to transfer the property to a specific person;
- the heirs live in different countries;
- there are minor children in the family;
- the property is purchased as a long-term family property;
- the apartment is purchased for a residence permit, relocation or investment;
- It is planned to transfer the property to children or grandchildren.
The sooner the issue of inheritance is thought out, the fewer difficulties the family will have in the future.
Practical advice for property buyers in Turkey
If you are buying an apartment in Turkey, decide in advance:
- to whom should the TAPU be issued;
- Are shares necessary between spouses?
- Should children be included in property rights?
- is a will necessary;
- does it make sense to consider donating;
- who will take care of the property in the event of the owner’s death;
- What documents should the heirs have?.
When buying property in Turkey, it's important to consider not only price, area, and sea view, but also the legal security of your family.
Answers to the main questions
Is it possible to transfer real estate to immediate relatives after the owner's death?
Yes. Spouses, children, grandchildren, and other legal heirs can formalize the inheritance and register their ownership rights through the intikal procedure in TAPU.
Is there inheritance in Turkey?
Yes. Inheritance law applies in Turkey. Real estate located in Turkey is inherited according to the rules applicable to Turkish real estate.
Is there a gift?
Yes. The owner can gift real estate during their lifetime through Tapu Müdürlüğü. This transaction is called bağış or hibe.
Is it possible to specify in advance who will inherit the property?
Yes. You can draw up a will (vasiyetname). It can specify who should inherit the property. However, the will must take into account the obligatory shares of the legal heirs.
What to do if there is no will?
If there is no will, the property is inherited by law. The heirs draw up a certificate of inheritance, file a tax return, and register the transfer of ownership with the Tapu (Treaty of Ownership and Public Utilities).
Result
Real estate in Turkey can be inherited, gifted during one's lifetime, and designated in a will. If the owner of the apartment passes away, their heirs can formally transfer ownership.
The most important thing is to think through the ownership structure in advance. Sometimes it's better to register shares at the time of purchase. Sometimes a will is sufficient. Sometimes a gift is appropriate. And in some cases, it's better to leave the property to the inheritance under the law.
For foreign buyers of real estate in Turkey, the best option is to obtain a consultation before the transaction and choose a secure TAPU transfer scheme that takes into account family, heirs, and future plans.
Need advice on real estate in Turkey?
INCOME MERSIN helps Mersin property buyers not only find the right property but also navigate legal matters, including TAPU, share registration, inheritance, gifting, residence permits, and post-purchase support.
You can get a consultation via WhatsApp: +90 531 746 01 97
