Amidst ongoing economic and social transformations, Turkey has become a preferred destination for real estate investments, not only for local residents but also for foreigners looking to capitalize on the growing real estate market. One of the key issues of interest regarding these investments is how foreigners can inherit real estate in Turkey.

Legal Framework for Foreign Ownership of Real Estate in Turkey

According to Turkish law, foreigners are allowed to purchase and own real estate within certain limits in Turkey. The laws in this context have been amended several times to facilitate procedures and increase the attractiveness of foreign investments. The law permits foreigners to own properties except in military zones and some special areas. Legal sources indicate that, according to statistics for 2024, thanks to these amendments, the number of properties owned by foreigners increased by 5% compared to the previous year.

The legal framework for foreign ownership of real estate in Turkey has been significantly amended in the last decade to make the market more attractive to foreign investments. Here’s a brief overview of this legal framework:

1. Basic Law: Turkish Law No. 2644, known as the Land Registry Law, outlines the conditions and procedures for foreigners to own real estate in Turkey. This law has been amended multiple times to relax restrictions on foreign property ownership.
2. Geographical Restrictions: Foreigners are allowed to own real estate in most areas of Turkey, except certain military and security zones. Areas within village boundaries or military zones require special approval.
3. Legal Limits: Foreigners can own up to 30 hectares (300.000 square meters) of land across Turkey and cannot own more than 10% of the land area in any given province.
4. Official Statement: The law requires that all foreign real estate transactions be registered with the Land Registry (Tapu) to ensure legality and transparency.
5. Handling Inheritance Issues: Inheritance laws are governed by the Turkish Civil Code, meaning that properties can be transferred to foreign heirs according to specific procedures subject to Turkish law.
6. Lifting of Nationality Restrictions: Turkey has removed various restrictions related to the buyer's nationality, allowing citizens from multiple countries to purchase real estate, with exceptions for certain nationalities such as Syrian, Armenian, Cuban, Nigerian, and North Korean.

This investment-friendly legal framework reflects the Turkish government's efforts to enhance the influx of foreign investments in the real estate sector, a key pillar of the Turkish economy. However, foreign investors are always advised to consult legal experts before proceeding with any purchase to ensure full compliance with all laws and regulations.

Inheritance of Real Estate for Foreigners

The inheritance of real estate owned by foreigners in Turkey is managed according to Turkish inheritance laws. This means that inherited properties are subject to the Turkish Civil Code, which includes strict rules for the distribution of inheritance. Upon the death of a foreign owner, properties are distributed according to internal regulations or based on a will, if available and legally compliant.

Turkish law addresses matters of inheritance and property in detail, establishing the regulations and procedures that must be followed when bequeathing real estate in Turkey, whether for Turkish citizens or foreigners. Here’s an overview of the general framework concerning the inheritance of real estate:

1. Legal Heirs: The Turkish Civil Code determines the legal heirs who are entitled to inheritance, such as children, spouse, and parents. It utilizes the traditional European, Roman-inspired inheritance system, where the estate is divided among the legal heirs according to specified shares.
2. Rules for Distribution: In the absence of a will, assets are distributed based on established laws. Typically, there are designated shares for direct heirs, like children and the spouse.
3. Wills: Individuals can allocate part of their assets through a written and legally recognized will. However, a will cannot infringe on the preserved rights of legal heirs; for instance, children cannot be deprived of their full legal share.
4. Inheritance Procedures: Upon the owner's death, heirs or their legal representatives must file a petition with the court to initiate inheritance proceedings. This involves submitting documents such as the death certificate, a list of assets, and proof of identity for the heirs.
5. Inheritance Taxes: The transfer of property is subject to taxes, which vary based on the property's value and the relationship between the deceased and the heirs.
6. Citizenship and Its Impact: For foreigners, real estate inheritance matters are governed by Turkish law, regardless of inheritance laws in their home country. However, diplomatic relations between countries can influence the application of the laws.

The enforcement and application of the law largely depend on the individual circumstances of each case; therefore, it is always recommended to consult a lawyer specialized in Turkish law when dealing with the inheritance of real estate to ensure smooth procedures in accordance with legal provisions.

Challenges Facing Foreigners in Inheriting Real Estate

Despite the existence of a legal framework governing this matter, some challenges remain. The most prominent of these challenges is the lack of sufficient awareness of the laws by foreign owners and the need for complex legal procedures in some specific cases, such as delays in property registration or potential ownership disputes.

FAQs about Inheriting Real Estate for Foreigners in Turkey

1. Can a foreigner inherit property?

   Yes, Turkish law allows foreigners to inherit property. Foreigners have the right to inherit property and transfer its ownership from their parent or one of their legal relatives into their own name.

2. Are there exceptions to the application of Turkish inheritance law for foreigners?

   If one of the legal heirs objects to the distribution of the inheritance according to Turkish law, they have the right to submit a request for inheritance limitation and distribution according to the inheritance law of the deceased owner’s home country.

3. Who are the legal heirs according to Turkish inheritance law?
   • Spouse and Children: The property inheritance is distributed equally among them.
   • Parents: In the absence of children, the inheritance goes to the parents in addition to the spouse.
   • Grandparents: If there are no children and no parents, the property will go to the grandparents if they are alive.
   • Siblings: In the absence of living children and parents, siblings have a share of the inheritance.
   • Grandchildren and Their Children: In the absence of children, parents, and siblings, the grandchildren and their children have a share of the real estate inheritance.