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Turkey's New Inheritance Rules: What Heirs Need to Know

Upated Date:
Inheritance in Turkey can be complicated, particularly where several heirs inherit one property and cannot agree on what should happen to it. A holiday flat in Antalya or a plot of land shared between three siblings can stay in that position for years.
Law No. 7589, published in the Official Gazette on 31 July 2026, changed how those properties are sold. The amendment to Article 114 of the Turkish Enforcement and Bankruptcy Law gives certain heirs priority in the first auction where co-ownership is ended through sale. For foreign beneficiaries who have inherited a Turkish property, the change is highly relevant.
What Has Changed?
The first auction is now closed to outside purchasers in qualifying cases. It is held only between the heirs who are registered owners of the property.
Two conditions must both be met. All owners must have acquired their interests through inheritance, and no third party may hold an ownership right in the property.
A minimum offer requirement also applies. The bid must exceed the full appraised value of the property, together with any prior secured claims and the costs of realisation and distribution.
The heir-only procedure is applied once. This is an important change from the previous position, where third parties could bid alongside the heirs from the start.
Why Is This Important For Inheritance In Turkey?
The first auction is the point at which an inherited property is most likely to stay within the family.
Consider a property inherited by three siblings, each holding a one-third share. They cannot agree on whether to keep or sell it, and one of them starts proceedings to end the co-ownership.
Under the new system, and provided the statutory conditions are satisfied, the first auction is restricted to those three heir-owners. One sibling may acquire the shares of the others before the property is exposed to competition from outside purchasers.
If the property is not sold at the first auction, the subsequent auction can be opened to wider participation under the applicable rules. The legislation does not guarantee that a property will remain within the family, but it gives the heir-owners priority at the first stage.
Does This Apply To Every Inherited Property In Turkey?
No. The rule carries specific conditions.
The property must have been acquired entirely through inheritance, and no ownership interest may belong to a person other than the heirs.
The distinction matters most where a property has mixed ownership. For example, a father and son may buy a flat together, each taking a half share. When the father dies, his half passes to his three children. The son now holds a purchased share alongside inherited ones, and the property falls outside the rule.
Land Registry records therefore need to be reviewed carefully before it can be determined whether the new procedure applies. A review of this kind falls within property law in Turkey, because it turns on the title deed rather than on family circumstances.
What Happens If The Heirs Cannot Agree?
The new rules do not remove the possibility of ending co-ownership through court proceedings. Where the heirs cannot reach agreement, an inheritance dispute over the property can still end in court.
The important change is the procedure followed at the sale stage, once the statutory conditions for the heir-priority auction are met. The route into court is unchanged.
This is particularly relevant where one heir wants to retain the property while another wants it sold. An heir living abroad may wish to sell an inherited share, while a family member in Turkey wishes to keep the property.
What Does This Mean For Foreign Heirs?
Cross-border cases often involve heirs living in the UK, Europe or Australia. For them, inheriting property in Turkey means dealing with a Land Registry and a court system they have never used.
Before selling inherited property in Turkey, six points should be established:
Registered Owners: Who currently appears on the title deed for the property.
Method Of Acquisition: How each owner obtained a share, by inheritance or by purchase.
Third Party Interests: Whether anyone outside the group of heirs holds an ownership right.
Inheritance Registration: Whether the heirs have been registered at the Land Registry.
Agreement Between Heirs: Whether a sale can be completed by consent without litigation.
Stage Of Proceedings: Whether a case has been filed and whether an auction has been advertised.
These issues can materially affect the options available. Travelling to Turkey is not always necessary, since much of the process runs on a notarised power of attorney and notarial services in Turkey.
What About Properties Inherited By British Citizens?
For British citizens with assets in Turkey, inheritance raises questions under two legal systems at once. Immovable property located in Turkey is subject to specific Turkish rules, and the Land Registry and Turkish courts play a central role in establishing ownership.
Obtaining an inheritance certificate and completing registration is the usual first step in any inheritance for foreigners in Turkey, before a property can be sold or otherwise dealt with. This stage falls squarely within inheritance law in Turkey.
Once the heirs have been registered, the appropriate strategy depends on what they want to achieve. The property may be sold by agreement, transferred between family members, retained jointly, or dealt with through a termination of co-ownership proceeding.
What Is The Significance Of The 31 July 2026 Date?
The amendment to Article 114 entered into force on the date of publication, but it does not reach back over auctions already under way.
Auctions advertised before the amendment took effect continue under the previous rules. The advertisement date, not the date the case was filed, decides which regime applies.
When assessing an existing inheritance or co-ownership matter, it is therefore not enough to ask when the court proceedings started. A case filed well before the amendment may still fall under the new procedure where no auction had yet been advertised.
A Significant Development For Inheritance In Turkey
The first stage of selling property in Turkey after a death now works differently. In qualifying cases, heirs have an opportunity to bid among themselves before the property becomes available to third-party purchasers.
For foreign heirs, the practical effect on a Turkish property inheritance depends on the title history, the ownership structure and the stage reached in the proceedings. Advice at an early stage helps clarify the options before further steps are taken.
Does The New Law Change Who Inherits Under Turkish Inheritance Law?
No. The order of succession, the reserved portions and the shares due to each heir are still governed by the Turkish Civil Code. The 2026 amendment concerns the procedure used when a jointly inherited property is sold, not the rules on who inherits.




