Inheriting real estate in Turkey

The acquisition of any real estate is a serious investment. Of course, we plan to use the property happily and for a long time. However, we all are not eternal. So, what will happen to it when we are gone? Who will be allowed to live there? After all, becoming a rightful heir is quite complicated even in your own country, and when it comes to foreign real estate; everything gets even more complicated by the lack of knowledge of the language, laws and customs.

The inheritance of property by foreigners in Turkey takes place according to the laws of the country whose citizens they are. When deciding on the inheritance of immovable property, a Turkish court will, without any doubt, ask for title establishing documents from your home country.

Therefore, we recommend to make and complete formalities with a testament for Turkish real property with a notary in your country, as well as to create a similar document with a notary in Turkey. Making a will in Turkey only takes one business day and will save your family a lot of trouble.

The whole procedure is very simple.
To begin, you should prepare the following documents:

• your foreign passport and its copy;
• TAPU and its copy;
• copies of the foreign passports of the heirs;
• 4 photos of you;
• tax number in Turkey.

You also need to make an agreement in advance with a sworn translator (his assistance will be needed almost the whole day), a notary and two witnesses. Please note that the witnesses must be Turkish citizens.
The day before the date scheduled by the notary, send a copy of the foreign passport to the translator to prepare a translation.

On the day that the documents will be signed, please visit with the translator (his presence is required) a State Hospital to obtain a certificate of mental health. This certificate is valid for only one day, so you need to come to the hospital early in the morning: there may be a queue there, and notaries in Turkey are open only until 5 PM.

With the obtained certificate and the documents listed above you need to come to the notary. The witnesses with their internal passports also have to come there.

The notary will prepare the text of the testament. The translator will translate it orally into the native language of the testator. Changes can be made if necessary. The will is prepared in triplicate, each of the copies contains a photograph and the signature of the person who issues the will, as well as the signatures of the two witnesses and the interpreter. One copy is handed over to the owner of the real estate, the second one remains at the notary, and the notary sends the third one to the Ministry of Population.

When it becomes necessary, the successor, with his or her copy of the will, the death certificate and other documents establishing the title, has to contact an attorney in Turkey. The lawyer will send a request to the ministry, submit the documents to the court and obtain a court decision, on the basis of which the title to the property will pass to the heir of the property. It usually takes very little time.