Legal Process of Inheriting Property in Fethiye for Foreign Heirs

Legal Process of Inheriting Property in Fethiye for Foreign Heirs

25.01.2026

Legal Basis of Inheritance for Foreign Heirs Under Turkish Law

Under Turkish law, inheritance matters are primarily governed by the Turkish Civil Code. Where a deceased person owned immovable property in Turkey, Turkish law generally applies to the succession of that property, regardless of the nationality of the deceased or the heirs.

This distinction is particularly relevant for foreign nationals. While movable assets may be subject to the national law of the deceased, immovable property located in Turkey is typically inherited according to Turkish inheritance rules. This approach is consistently applied by Turkish courts and land registry authorities.

In practical terms, if you intend to inherit property in Fethiye, the applicable inheritance framework will be Turkish law rather than the law of your home country. This affects heirship status, statutory shares, compulsory portions, and the procedural steps required for registration.

Foreign heirs are, in principle, treated equally with Turkish citizens in inheritance matters, provided that general foreign ownership rules are satisfied. Turkey does not generally restrict inheritance by foreign heirs, although certain property types or locations may be subject to specific limitations.

At this stage, the key legal point is that inheritance rights over immovable property in Turkey arise under Turkish law and must be exercised through Turkish legal and administrative procedures.

Determination of Applicable Law and Heirship Procedures in Turkey

When a foreign national passes away owning immovable property in Turkey, Turkish authorities first determine the applicable law. Under Law No. 5718 on Private International Law and Procedural Law, immovable property located in Turkey is subject to Turkish inheritance law, irrespective of the deceased’s nationality or place of residence.

As a result, foreign heirs must establish their legal status according to Turkish rules of succession. This requires obtaining an official certificate of inheritance (veraset ilamı), which identifies the lawful heirs and their respective inheritance shares. Without this document, inheritance-related transactions cannot be completed before the Turkish public authorities.

Foreign heirs may obtain a certificate of inheritance from a Turkish civil court or, in limited circumstances, from a Turkish notary. In practice, where a foreign element exists, such as foreign nationality or foreign civil status records, certificates are typically issued by the Civil Court of Peace.

Foreign court decisions or inheritance documents do not automatically produce legal effect in Turkey. Depending on their nature, recognition or procedural adaptation may be required before they can be relied upon in Turkish administrative proceedings.

At this phase, the primary objective is formal recognition of heirship under Turkish law. Once heirship is established, property-related and administrative steps may proceed.

Steps to Transfer Inherited Property Through the Fethiye Land Registry

Once a certificate of inheritance has been obtained, the transfer of inherited immovable property must be completed before the relevant land registry office. In Fethiye, this process is carried out by the Fethiye Land Registry Directorate (Tapu Sicil Müdürlüğü).

Under Article 599 of the Turkish Civil Code No. 4721, heirs acquire inheritance rights automatically upon the death of the deceased. Despite this automatic acquisition, ownership of immovable property must still be formally registered in the land registry records to ensure legal certainty and enforceability against third parties.

Before the title deed transfer can be completed, inheritance tax obligations must be addressed. These obligations are regulated under the Inheritance and Transfer Tax Law No. 7338. Heirs must submit an inheritance tax declaration within statutory deadlines, which vary depending on the place of death and the residence of the heirs.

If the death occurred in Turkey, the declaration period is four months for heirs residing in Turkey and six months for heirs residing abroad. If the death occurred abroad, the declaration period is six months for heirs residing in Turkey, four months for heirs residing in the country where the death occurred, and eight months for heirs residing in a different foreign country.

In practice, the land registry will typically require confirmation from the tax office that the inheritance tax declaration has been submitted and that no procedural tax barriers remain. Registration is generally possible once the relevant tax compliance documentation is obtained.

Where foreign heirs are not physically present in Turkey, the transfer may be completed through a duly issued power of attorney. Such powers must be notarised and apostilled, or legalised through Turkish consulates, to be accepted by Turkish land registry authorities.

Following completion of these steps, the inherited property is registered in the names of the heirs according to their statutory shares. Only after registration does an heir obtain full legal authority to sell, lease, or otherwise dispose of the property.

Common Legal and Practical Issues for Foreign Heirs in Fethiye

Foreign heirs often encounter delays arising from documentation and procedural formalities rather than substantive inheritance rights. Incomplete or improperly legalised foreign documents, such as death certificates or powers of attorney, are a frequent source of difficulty.

Joint ownership presents another practical challenge. Under Turkish law, inherited property is transferred to heirs as co-owners unless a formal partition is carried out. As a result, transactions involving the property generally require the consent of all registered heirs, which can be complex where heirs reside in different jurisdictions.

Valuation issues may also arise during the inheritance tax declaration stage. The tax base is determined according to officially assessed property values rather than market prices. Discrepancies between tax records and land registry data may require clarification before registration can proceed.

Foreign ownership restrictions must also be reviewed carefully. While most residential properties in Fethiye are eligible for foreign ownership, properties located in military or security zones or subject to special zoning restrictions may be excluded or require additional permissions.

Finally, the lack of coordination between courts, tax offices, notaries, and the land registry frequently causes delays. Proper sequencing of these procedures is essential to avoid repeated filings and administrative setbacks.

Frequently Asked Questions

Can foreign heirs inherit property in Fethiye under Turkish law?
Yes. Under Turkish law, foreign heirs may inherit immovable property in Turkey, including in Fethiye, provided that general foreign ownership rules are satisfied. Nationality alone does not usually prevent inheritance. See, inheritance matters.

Is a court decision always required to inherit property in Turkey?
A certificate of inheritance is always required. In purely domestic cases, it may be issued by a notary, but where a foreign element exists, it is typically obtained from the Civil Court of Peace.

How long does the inheritance property transfer process usually take in Fethiye?
The timeframe depends on documentation, tax compliance, and the number of heirs. In practice, the process often takes a few months, particularly where foreign documents or powers of attorney are involved.

Summary

Under Turkish law, foreign heirs may inherit immovable property located in Turkey, including in Fethiye, through a structured legal process. Although inheritance rights arise automatically upon death, formal procedures must be completed before the courts, tax offices, and land registry. For foreign heirs, this typically involves obtaining a court-issued certificate of inheritance, complying with statutory inheritance tax deadlines, and completing registration before the Fethiye Land Registry. Understanding these steps is essential if you intend to inherit property in Fethiye without unnecessary procedural risk.

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

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