A Legal Guide to Inheritance and Succession of Property in Fethiye

04.01.2026

Inheritance of Real Estate Under Turkish Law

Scope of Turkish Inheritance Law for Immovable Property

Under Turkish law, inheritance matters are primarily governed by the Turkish Civil Code No. 4721. For immovable property located in Turkey, Turkish inheritance rules apply as a matter of territorial jurisdiction.

In practice, this means that houses, land, and other real estate registered at the Turkish Land Registry are subject to Turkish succession rules, regardless of the deceased person’s nationality or habitual residence.

For foreign nationals owning property in Fethiye, inheritance is therefore not determined by foreign domestic law. Instead, Turkish substantive inheritance provisions regulate how ownership transfers to heirs.

Mandatory Application of Turkish Law to Property Located in Turkey

Article 20 of the Turkish Private International Law and Procedural Law No. 5718 establishes a clear distinction between movable and immovable assets. While movable assets may be governed by the deceased’s national law, immovable property is governed exclusively by the law of the country where it is located.

Accordingly, property inheritance in Fethiye is always assessed under Turkish inheritance law. Foreign wills or succession rules cannot override this mandatory application for real estate situated in Turkey.

In practice, many foreign heirs assume that a will prepared abroad automatically governs Turkish property. This assumption frequently leads to procedural delays and rejected applications.

Legal Classification of Heirs Under the Turkish Civil Code

The Turkish Civil Code recognises statutory heirs based on a parental system. Primary heirs are descendants, followed by parents and their descendants, and then grandparents and their descendants.

If no statutory heirs exist, the surviving spouse inherits alone. The surviving spouse’s share varies depending on which class of heirs is present.

Articles 495 to 501 of the Turkish Civil Code regulate these inheritance classes in detail. These provisions apply equally to Turkish and foreign heirs where the property is located in Turkey.

Reserved Shares (Saklı Pay) and Forced Heirship Rules

Turkish inheritance law contains strict forced heirship provisions. Certain heirs are entitled to legally protected minimum shares, referred to as reserved portions (saklı pay).

Descendants, parents, and the surviving spouse benefit from this protection under Articles 505 to 507 of the Turkish Civil Code. Testamentary freedom is therefore limited.

For foreign property owners in Fethiye, this rule significantly restricts the effect of foreign wills. A will may be partially unenforceable if it infringes reserved share rights.

Property Inheritance in Fethiye for Foreign Nationals

Application of Property Inheritance in Fethiye to Foreign Heirs

Foreign nationals may inherit real estate located in Fethiye under Turkish law, subject to statutory conditions. The decisive factor is the location of the immovable property rather than the nationality of the heir.

Accordingly, foreign heirs acquire inheritance rights in the same manner as Turkish nationals, provided that Turkish succession procedures are completed.

In practice, inheritance rights exist in principle, but enforcement depends on procedural compliance, particularly registration requirements.

Restrictions and Reciprocity Principles Affecting Foreign Ownership

Foreign ownership of inherited property is subject to the general foreign ownership regime. This includes statutory limitations based on zoning status, military or security zones, and regional restrictions.

Although the reciprocity principle has largely been abolished, sectoral and territorial limitations continue to apply. These restrictions may affect whether inherited property can remain registered in the name of a foreign heir. Foreign heirs must therefore verify ongoing eligibility for ownership.

Practical Implications for Inherited Property in Muğla Province

Fethiye is located within Muğla province, where coastal areas, agricultural land, and protected zones are common. Properties in these areas may be subject to additional administrative scrutiny.

In practice, Land Registry offices may request supplementary confirmations relating to zoning or military clearance. These reviews do not remove inheritance rights but may extend processing timelines.

An advanced legal assessment helps identify such issues before formal registration is attempted.

Common Legal Risks for Foreign Heirs in Practice

A frequent risk is assuming that foreign probate documents alone are sufficient to transfer ownership. Under Turkish practice, formal recognition through Turkish procedures is required.

Coordination problems between multiple heirs living in different jurisdictions often delay registration. Tax compliance is also commonly overlooked, leading to administrative blockage.

Succession Procedures and Registration at the Land Registry

Certificate of Inheritance (Veraset İlamı) Requirements

Inheritance rights over real estate cannot be exercised in Turkey without a certificate of inheritance (veraset ilamı). This document formally identifies heirs and their respective shares.

For foreign heirs, the certificate is generally issued by the Turkish Civil Court of Peace. Notaries typically lack jurisdiction where foreign elements are involved.

Applications relying solely on foreign documents are usually insufficient without judicial review. For an overview of inheritance procedures in Turkey, judicial involvement is generally required where foreign elements exist.

Recognition of Foreign Probate Documents in Turkey

Foreign probate decisions and wills do not automatically produce legal effects in Turkey. They must be recognised through Turkish courts or used as supporting evidence in local proceedings.

At a minimum, foreign documents must be apostilled or legalised and translated into Turkish by a sworn translator.

Even when complete, Turkish courts independently assess heirship under Turkish law. Foreign determinations are informative but not binding.

Registration of Inherited Property at the Land Registry (Tapu)

Once the certificate of inheritance is issued, heirs must apply to the Land Registry for registration. Until registration is completed, the property cannot be sold or otherwise disposed of.

Land Registry offices commonly require confirmation of inheritance shares, tax clearance, and identification documents for all heirs.

Where multiple heirs exist, representation through powers of attorney is often necessary to avoid delays.

Timeframes, Costs, and Applicable Fees

Succession procedures are not instantaneous. Court-issued certificates may take several weeks, depending on workload and documentation.

Land Registry registration may be completed within days once documentation is accepted. Any deficiency usually results in suspension rather than refusal.

Court fees, translation costs, and registration charges apply cumulatively. 

Taxation and Compliance Obligations in Inherited Property

Inheritance and Gift Tax Under Turkish Tax Law

Inherited property in Turkey is subject to Inheritance and Gift Tax under Law No. 7338. This tax applies to both Turkish and foreign heirs acquiring assets located in Turkey.

Tax liability arises upon the death of the property owner, not upon Land Registry registration. Each heir is responsible for the tax in proportion to their share. The tax base is calculated using official valuation figures. 

Filing Deadlines and Declaration Obligations

Inheritance tax declarations must be filed within statutory deadlines. These deadlines differ depending on whether the death occurred in Turkey or abroad.

Foreign heirs frequently miss deadlines due to a lack of local notification. Late filing may result in fines and default interest.

Tax clearance is required before Land Registry registration can be completed.

Valuation of Inherited Real Estate for Tax Purposes

For tax purposes, inherited property is valued according to official municipal valuation records. These values are binding for inheritance tax assessments.

Private valuation reports do not replace statutory valuation methods. Discrepancies may trigger reassessment by tax authorities.

Penalties for Late Declaration or Non-Compliance

Failure to comply with tax obligations results in financial penalties and procedural delays. Unresolved liabilities prevent completion of registration.Early compliance avoids compounding penalties and administrative complications for foreign heirs.

Frequently Asked Questions

Does Turkish inheritance law apply to foreigners inheriting property in Fethiye?

Yes. Where immovable property is located in Turkey, Turkish inheritance law applies regardless of the heir’s nationality.

Can foreign heirs sell inherited property in Turkey immediately?

No. A sale is only possible after succession procedures are completed and ownership is registered at the Land Registry.

Is it necessary to appoint an inheritance lawyer in Turkey?

There is no legal obligation to appoint a lawyer. However, foreign heirs commonly require local legal support due to procedural complexity.

Summary

Property inheritance in Fethiye is governed exclusively by Turkish law when real estate is located in Turkey. Foreign heirs may inherit property but must comply with Turkish succession procedures, registration requirements, and tax obligations.

Foreign wills and probate decisions do not automatically apply, and formal recognition is often required. Delays most commonly arise from documentation issues, tax non-compliance, and coordination problems among heirs.

For professional legal assistance with your inheritance process in Turkey, contact Gokalp Legal.

This article provides general information and does not constitute legal advice.