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Veraset (Inheritance) – Understanding property inheritance in Turkey

Turkish real estate vocabulary
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Veraset is the Turkish term for inheritance, referring to the legal process through which a deceased person’s assets—including property—are transferred to their heirs. In Turkey, inheritance laws govern how real estate and other possessions are distributed among family members or designated beneficiaries.

Under Turkish law, veraset follows specific rules outlined in the Turkish Civil Code. If the deceased did not leave a valid will, the inheritance is distributed according to legal succession, prioritizing spouses, children, parents, and other close relatives. Property ownership under veraset requires official registration with the Tapu ve Kadastro Genel Müdürlüğü (General Directorate of Land Registry and Cadastre) to update the title deed in the heirs' names.

The process involves obtaining a veraset ilamı (inheritance certificate) from a Turkish court or notary, which confirms the rightful heirs. Foreign property owners in Turkey should be aware that inheritance laws may differ from those in their home country, particularly regarding forced heirship rules that limit how much of an estate can be freely willed.

English Turkish
Inheritance Veraset
Succession Miras
Estate transfer Miras intikali
Heir Mirasçı
Inheritance certificate Veraset ilamı
Forced heirship Mecburi miras payı

For official information, visit the General Directorate of Land Registry and Cadastre or consult a Turkish legal expert.

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Veraset (Inheritance) – Understanding property inheritance in Turkey

Inheritance in Turkish property law

'Veraset' refers to the legal process of inheritance in Turkey. It governs how property and assets are transferred to heirs after an owner's death. Turkish inheritance laws apply to all properties within Turkey, regardless of the owner's nationality.

Foreign property owners should note that 'veraset' rules may differ from those in their home country. The process involves legal procedures to confirm heirs and transfer ownership officially.

Inheritance rules for foreign-owned property

'Veraset' applies to all properties in Turkey, including those owned by foreigners. When a foreign property owner passes away, Turkish inheritance laws determine how the property is distributed among heirs. This may differ from inheritance laws in the owner's home country.

The process involves legal steps to identify rightful heirs and transfer property ownership according to Turkish regulations.

Steps in Turkish inheritance procedure

The 'veraset' process in Turkey involves several legal steps. First, heirs must obtain a death certificate. Then, an inheritance certificate ('veraset ilamı') is issued by a Turkish court or notary. This document confirms the rightful heirs.

After this, property ownership is transferred to the heirs through the Land Registry Office. The process may take several months and requires legal documentation.

Turkish inheritance vs. foreign wills

Turkish 'veraset' laws apply to all properties located in Turkey, even if the owner has a foreign will. While foreign wills may be considered, Turkish inheritance regulations often take precedence for property within Turkey.

This means that even if a foreign will specifies different heirs, Turkish law may determine the final distribution of the property. Legal consultation is recommended for clarity.

Heirs according to Turkish inheritance law

Under Turkish 'veraset' law, legal heirs typically include the spouse and children of the deceased. If there are no children, parents or siblings may be considered heirs. The law specifies fixed shares for each category of heirs.

Foreign property owners should note that these rules may differ from their home country's inheritance laws. The exact distribution depends on the family situation.

Required documents for inheritance process

The 'veraset' process in Turkey requires several key documents. These include the death certificate, inheritance certificate ('veraset ilamı'), and identification documents of the heirs. Property deeds and tax numbers may also be required.

Foreign heirs may need to provide additional documents, such as apostilled birth certificates or marriage certificates, depending on their relationship to the deceased.

Duration of Turkish inheritance process

The 'veraset' process in Turkey typically takes between 3 to 6 months, depending on the complexity of the case. Simple cases with clear heirs may be resolved faster, while disputes or missing documents can delay the process.

Foreign heirs should account for additional time if documents need to be translated or apostilled. Legal assistance can help streamline the process.

Inheritance tax in Turkey

Yes, Turkey imposes inheritance taxes under 'veraset' law. The tax rate depends on the value of the inherited property and the relationship between the deceased and the heir. Spouses and children often benefit from lower tax rates.

Foreign heirs should consult a tax professional to understand their obligations. Taxes must be paid before the property can be fully transferred to the heirs.

Options for foreign property owners

Turkish 'veraset' laws apply to all properties in Turkey, including those owned by foreigners. While it is not possible to fully avoid these rules, foreign owners can take steps to align their estate planning with Turkish law.

For example, joint ownership or setting up a Turkish company to hold property may offer alternative solutions. Legal advice is recommended for tailored options.

Property with no legal heirs in Turkey

If a property owner in Turkey dies without legal heirs under 'veraset' law, the property may revert to the Turkish state. This is known as 'terekenin devlete intikali' (transfer of estate to the state).

The state may sell the property and use the proceeds for public purposes. Foreign owners should ensure their estate planning accounts for potential heirs to avoid this outcome.

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