How to Make a Will in Turkey and Transfer Property as a Foreigner

If you’re a foreigner who owns property in Turkey, it’s essential to plan ahead for what will happen to your assets after your death. Turkish inheritance laws differ from those in many other countries, and without a will, your property will automatically be divided among legal heirs according to the statutory rules. Below, we explain why it’s important for foreign property owners to prepare a will in Turkey and how to ensure your heirs receive your property without legal complications.

Why Foreign Property Owners in Turkey Should Make a Will

Your title deed (Tapu) confirms your current ownership rights, but it does not determine what happens to the property after your death. Without a will, Turkish law governs inheritance—and this may not align with your wishes. Turkish legislation prescribes fixed shares for spouses, children, and other relatives. As a result, your property may be divided among all close family members by default.

A will is the only legal tool that allows you to express your personal wishes. It lets you name heirs beyond your legal successors—such as stepchildren, extended family, or unrelated individuals—and even redistribute shares in favor of your spouse (within legal limits). You may also designate who will inherit a specific property or share of it.

Having a Turkish will in place streamlines the inheritance process and reduces the chances of bureaucratic delays or legal disputes. Your intentions are clearly recorded, which helps prevent arguments over who is entitled to what.

What Happens to Property in Turkey Without a Will

Inheriting Property Through the Turkish Court System

If no will exists, heirs must apply to a Turkish court to obtain a certificate of inheritance (veraset ilamı). This legal process may take several weeks or even months, especially if the court needs to verify documents or locate potential heirs. A will, on the other hand, provides clear instructions to the court and accelerates the issuance of the inheritance certificate.

Risk of Unwanted Heirs and Family Disputes

Turkish inheritance law divides assets among legal heirs in a fixed order, including relatives who may not have had a personal relationship with the deceased. A will allows you to exclude certain individuals or reduce their share (taking into account the legally required portion). Without a will, there is a risk that distant relatives with no connection to the property could become co-owners.

Dividing Inherited Property Among Multiple Heirs

If a property in Turkey is inherited by several heirs according to statutory rules, all of them become co-owners. They may have conflicting views—for example, some may want to sell the property, while others may prefer to rent it out. Without a will, such disagreements can only be resolved through negotiations or legal action.

When Property in Turkey is Transferred to the State

If no legal heirs can be found and no will exists, Turkish law allows the state to claim the property after one year of searching for rightful inheritors.

Legal Limits for Foreign Heirs in Turkey

Additional complications may arise for foreign heirs. If an heir is from a country whose citizens are not allowed to own property in Turkey (due to lack of reciprocity), the court may still recognize the inheritance rights but will require the property to be sold within a certain timeframe. A well-drafted will can address this situation by appointing an alternate heir or specifying how the sale should be handled.

What is a Turkish Will and Who Needs One?

A Turkish will is a legally binding document drafted in accordance with Turkish law. It allows you (the testator) to specify who will inherit your property and under what conditions. The will only takes effect after your death and can be modified or revoked at any time during your life. It has no impact on your ownership rights while you are alive.

Why Foreign Property Owners Need a Will in Turkey

Foreign property owners in Turkey are strongly encouraged to prepare a will. Foreign nationals have the same legal right as Turkish citizens to dispose of their assets through a will.

A will ensures that:

• Your property goes to the individuals you choose
• The statutory division of assets doesn’t override your personal circumstances
• Your heirs can complete the inheritance process more quickly and easily
• Major assets (such as an apartment or villa) remain within the family and don’t become a source of conflict

Who Can Legally Make a Will in Turkey?

There are no restrictions based on citizenship or residency—any legally competent person over the age of 15 can make a will in Turkey. The testator must be mentally sound, and this is confirmed by a medical certificate from a Turkish psychiatrist before the will is executed.

Neither Turkish citizenship nor a residence permit is required, either for the testator or the heirs. You also do not need to reside in Turkey—the will can be made abroad (through a Turkish consulate, which we’ll discuss later). The key condition is that the property in question must be located in Turkey.

Who cannot make a will?

Minors under the age of 15, and those legally declared mentally incompetent (such as due to psychiatric illness), cannot make a will. It is not possible to create a will through a legal representative—it must be done personally. Those who are severely ill or bedridden may issue an oral will in the presence of witnesses under special circumstances.

What You Can Include in a Will Besides Real Estate

A will in Turkey can cover all property the testator owns within the country, unless stated otherwise. This includes not only real estate but also funds in Turkish bank accounts, vehicles, and other valuables.

If you own several properties in Turkey, you can list all of them in a single comprehensive will. You may assign different heirs to different properties or split shares between them. There is no limit to the number of beneficiaries or assets mentioned—the law allows you to divide your estate however you see fit.

How to Make a Will for Real Estate in Turkey

Making a Will Through a Notary in Turkey

The most common way to prepare a will in Turkey is through a notary public. The notary ensures the document meets legal requirements and officially certifies it. The will must be signed in the presence of witnesses and a sworn translator.

How the notary process works:

You either bring a draft will with you or dictate your wishes to the notary, who will write the document for you. Two adult Turkish citizens must serve as witnesses. If you do not speak Turkish fluently, a certified translator is also required to ensure you understand the content.

The notary reads the document aloud in Turkish, the translator interprets it for you, and you sign it. Then the witnesses, translator, and notary also sign. The document is sealed with the notary’s official stamp.

Drafting a Will for Turkish Property Abroad

If you are unable to travel to Turkey, you can prepare your will at the consular section of the Turkish embassy in your home country. Turkish consulates are authorized to perform notarial functions for both Turkish citizens and foreign nationals in matters related to Turkey.

The will is signed in front of a consular officer and then forwarded to Turkey for registration. The details are recorded with the Turkish Notaries Union and local civil registry offices.

Do You Need a Lawyer to Make a Turkish Will?

Hiring a lawyer is not mandatory, but it is highly recommended. A Turkish attorney can help you draft the will in a legally precise manner that reflects your true intentions. The lawyer will ensure your will does not violate statutory requirements (such as mandatory shares) and will help you phrase your wishes clearly.

They can also guide you on how best to describe the property and name the heirs. The licensed real estate agency Luxury Estate Turkey offers legal assistance when preparing wills as part of its client support services.

Cost and Timeframe for Making a Will in Turkey

How much does it cost?

The cost is relatively modest, especially compared to the value of the property involved. Notarial fees are calculated based on the length of the document (number of pages), and there are separate charges for the translator’s services.

How long does it take?

Preparing and notarizing a will typically takes no more than two hours, including the time needed to obtain a medical certificate.

Wills for Citizenship-by-Investment Property in Turkey

Inheriting Property with a Sale Restriction Under the CBI Program

The three-year sale restriction (annotated on the Tapu for CBI properties) applies only to voluntary sales or gifts. Inheritance is a legal transfer that occurs by operation of law and not through a transaction. Turkish law explicitly protects the right of foreigners to pass on property to heirs, and there is no prohibition.

However, the restriction remains in effect: the heirs can inherit the property but cannot sell it until the three-year period from the original purchase date has passed.

Importantly, in the event of the investor’s death, any citizenship already granted to family members remains valid indefinitely.

Do You Need to Notify Authorities or Revalue the Property?

There is no obligation to notify immigration or investment authorities about the existence of a will. A will is your private instruction and is not recorded with immigration offices or the Ministry of Interior. After the death of the investor, the inheritance process is handled by the Turkish court and land registry office.

In most cases, an updated property valuation is not required. Since inheritance does not involve a financial transaction, the title transfer is treated as gratuitous, and a new SPK valuation report is usually unnecessary.

Legal Support from Luxury Estate Turkey for Inheritance and Wills

At Luxury Estate Turkey, we care not only about the success of your current property transaction but also about the long-term protection of your investment. Our goal is to ensure that your Turkish property is transferred to the right people, without legal risks or complications.

We can arrange consultations with Russian-speaking attorneys who specialize in inheritance law in Turkey. They will consider both Turkish legislation and the laws of your country of citizenship to avoid any legal conflicts.

Luxury Estate Turkey becomes your trusted partner in property ownership and succession. We think not only about what your investment means today, but also about how it will be preserved and passed on to your children.

FAQ: Wills and Inheriting Property in Turkey for Foreigners

Is It Mandatory to Make a Will in Turkey?

No, but it is highly recommended. If you already have a general will (for example, a Russian one) that includes your Turkish property, a Turkish court may recognize it. However, a local Turkish will significantly simplifies and speeds up the inheritance process.

Is a Will Made Without Witnesses Valid?

Yes, in a specific form—a handwritten will. Turkish law allows for handwritten wills, which are valid without witnesses if entirely written, signed, and dated by the testator. However, after your death, your heirs will need to prove its authenticity in court, have it translated into Turkish, and may face expert evaluations in case of any doubts.

What Happens to Property in Turkey Without a Will?

If no will is made, the property will pass to your legal heirs under Turkish law. The inheritance process must go through the court, and shares will be distributed according to statutory succession rules. The closest living relatives will inherit in order of priority.

Can You Make a Will for Turkish Property Remotely?

Yes, there are several remote options. If you are not currently in Turkey and do not plan to travel there soon, you can make a will concerning your Turkish property either through the Turkish consulate in your country or by drafting a will under your own country’s laws and legalizing it for use in Turkey.