How to Sell Inherited Real Estate in Turkiye?

Do Heirs Have to Pay Title Deed Fees When Selling Inherited Property?

When heirs transfer title for an inherited property in Türkiye, no traditional title deed fee is required. Instead, the Land Registry Office charges a fixed service fee, which for 2025 is 2,316 TL.

This fee is a revolving fund contribution rather than a percentage of the property’s value, making the transaction relatively low-cost compared to regular property sales.

This exemption helps reduce the financial burden on heirs, especially for those living abroad who may already be dealing with travel and documentation costs.

What Happens If One Heir Refuses to Sign the Sale?

A sale cannot proceed unless all heirs agree and sign the necessary documents. If even one heir refuses, the property cannot be sold voluntarily. In such cases, heirs have two main options:

• Apply to Mediation (Arabuluculuk):This is a compulsory step in Türkiye before litigation. It allows parties to negotiate an agreement with the help of a licensed mediator.

• File a Court Case:If mediation fails, a lawsuit can be filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi)for either forced partition or judicial sale of the property.

The court may eventually order the sale of the property at public auction, ensuring that all heirs receive their share of the proceeds, including the one who refused to cooperate.

Taxes and Legal Obligations for Inherited Property Sales

When selling an inherited property in Türkiye, several tax obligations arise:

1. Inheritance and Transfer Tax (Veraset ve İntikal Vergisi)

This tax must be paid before heirs can legally transfer property into their name. The rate depends on the value of the inheritance and the degree of kinship with the deceased.

As of 2025, inheritance and gratuitous transfer taxes in Türkiye are calculated progressively based on the total value of the inherited assets. For inheritance transfers, the tax rate starts at 1% for amounts up to 1,100,000 TL, increases to 3% for the next 2,600,000 TL, then to 5% for the following 5,500,000 TL, and 7% for the next 10,900,000 TL. For any amount exceeding 20,100,000 TL, the rate rises to 10%. In the case of gratuitous transfers (such as gifts), the rates are significantly higher, beginning at 10% and reaching up to 30% following the same value brackets. These taxes must be settled before heirs can complete the property transfer process.

2. Capital Gains Tax

If the property is sold for more than the appraised value at the time of inheritance, capital gains tax may apply. However, if more than five years have passed since the inheritance transfer, this tax may be waived.

3. Municipality Taxes and Dues

Municipal debts, property taxes, and environmental cleaning taxes must be cleared before the sale can be completed.

Is Notarization Required When Selling Inherited Property?

Yes. Even though the actual sale takes place at the Land Registry, a notarized sales agreement or a power of attorney is often needed. This is especially the case when one or more heirs are living abroad and cannot attend in person. These documents must be either:

• Issued by a Turkish notary, or

• Prepared abroad and legalized through the Apostille processor consular attestation.

Common Questions from Foreign and Non-Resident Turkish Clients

Q: Can an heir sell their own share?
Yes. An heir may sell their share to another heir or a third party. However, other heirs have preemptive rights, meaning they must be offered the share first.

Q: Can a shared title be sold without notice to other heirs?
No. Sale of undivided shares must be done with the knowledge and usually the consent of all heirs.

Q: Can inherited property be sold without completing the inheritance registration (intikal)?
No. Intikal is mandatory. The property must be formally transferred to the heirs’ names before any sale.

Q: What if the heirs live in different countries or are dual nationals?
This is common, especially for Turkish expats in Europe and foreign nationals who inherit Turkish property. In these cases, Bayraktar Attorneys:

• Coordinates with Turkish consulatesto issue and process powers of attorney.

• Manages the full sales process, from valuation and title transfer to signing and proceeds distribution.

• Ensures compliance with cross-border tax and money transfer rules.

Also Read; Selling property after citizenship by investment in Turkiye

Why Work with Bayraktar Attorneys?

Selling inherited property in Türkiye can be legally complicated and emotionally challenging, especially for foreigners or Turkish citizens living abroad. At Bayraktar Attorneys, we focus on cross border inheritance and real estate cases and are here to guide you through every step of the process.

Whether you need:

• A power of attorneydrafted in two languages,

• A consular petitionto be processed abroad,

• Or full representation before Turkish courts in case of disputes,

we offer strategic legal support every step of the way.

Let our experienced team ensure your rights are protected, your sale is efficient, and your property is valued fairly.