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TAPUNAK

I inherited a home or plot of land. Where should I start?

Table of Contents

Start with a certificate of inheritance (mirasçılık belgesi) showing the heirs and their shares. If the title is still in the deceased person’s name, apply to register the inheritance. Deciding who keeps the home is a separate step from registering it in the heirs’ names.

This guide explains the starting route for property in Türkiye. It does not determine your individual inheritance share or the outcome of a court case.

1. Obtain the certificate of inheritance

Also called a “veraset ilamı”, this document identifies the heirs and their inheritance shares. You can obtain it from a Turkish notary or a civil court of peace (sulh hukuk mahkemesi). One heir can apply; all heirs do not have to attend together. Cases in which a notary cannot issue the certificate or judicial examination is needed go through the court.

Prepare your ID, the deceased person’s identity details and the date of death. If the certificate is incomplete, incorrect or disputed, seek legal advice before using it to divide the estate. The certificate alone does not give the home to one heir.

Act promptly if there are debts or you are considering rejecting the inheritance. An estate includes more than assets; debts matter too. The general rejection period is three months, but its starting point and exceptions depend on the circumstances. Some dealings with the estate can cause you to lose the right to reject it. Get legal advice before taking steps such as sale or division. Turkish Civil Code, Articles 598–610.

2. If the title is still in the deceased person’s name

Inheritance generally passes at death, but the land register also needs updating to show the heirs. This procedure is called miras intikali, registration of inheritance. Seeing a deceased parent’s name in the register does not, by itself, mean you are not an heir.

Registration does not sell or divide the property within the family. The applicant does not become its sole owner just by applying.

3. What can one heir do?

  • Registration in joint ownership (elbirliği): One heir may request registration in the names of all heirs under this form of ownership. The others do not need to attend together for that application.
  • Direct registration with individual shares (paylı): To register the property directly in co-ownership according to inheritance shares during the inheritance procedure, all heirs must participate personally or through authorized representatives.
  • Agreed division or sale of the whole property: An ordinary consensual transaction requires the valid consent or authorized representation of all rights holders. An application by one heir is not authority to sell on behalf of the others. Court decisions and statutory representation require separate consideration.

The first two application routes are distinguished in the official inheritance-registration guidance. Agricultural land has special rules. The separate land-registry route with notice to the other heirs, which one heir may request, is explained below.

In elbirliği, heirs hold the estate together; the inheritance percentage on the certificate is not a particular part of a plot that you may independently sell. In paylı mülkiyet, owners hold separate fractional shares in the property. A 1/2 share does not give you particular rooms or a defined half of the plot.

Example: suppose Ayşe and Mehmet’s certificate gives each a 1/2 share. Ayşe can request registration in joint ownership for all heirs. This does not implement “Ayşe gets the home, Mehmet gets the land”. That division needs a separate agreement and implementation at the land registry with appropriate documents.

4. Documents and application order

Organize your preparation in Find My Transaction – Inheritance. As you enter property and heir details, you can see missing preparation fields, relevant document headings for your situation and the next steps.

  1. Get the certificate. Prepare the property details you have: province, district, neighbourhood, block/parcel number and, if applicable, the independent unit. An old title deed may help you find this information.
  2. Apply for inheritance registration. You can start through WebTapu. If you cannot use digital services, use the land registry office or Alo 181 application channels. There is no separate mandatory physical “pre-check” visit before applying. For sign-in and usage steps, see the Tapunak WebTapu guide.
  3. Provide the documents appropriate to the transaction. Prepare ID, the certificate, proof of authority if someone represents you, and a DASK policy for a building covered by compulsory earthquake insurance. DASK is not required for an empty plot. Foreign documents and special cases may require additional documents.
  4. Follow the application notifications. Proceed according to the office’s examination, missing-document, payment and signature/appointment notifications. Starting online does not mean the whole procedure will finish remotely.

TKGM confirms that inheritance applications can start without visiting an office in its WebTapu explanation. Keep track of the tax declaration deadline while preparing documents.

5. Tax, title deed fee and service charge

  • Inheritance and gift tax (veraset ve intikal vergisi) concerns taxation of the inheritance. Inherited assets must be declared even if their value falls below the monetary exemption threshold. If both the death and the heir’s location are in Türkiye, the general declaration period is four months following the date of death. Overseas situations may involve four, six or eight months. A declaration of presumed death and other circumstances affecting time limits need separate consideration. Do not wait for an agreement on division; check your deadline against GİB’s declaration guidance.
  • The title deed fee (tapu harcı) concerns the transaction at the registry. No title deed fee is charged for registration by inheritance. Official 2026 tariff, (4) I/3(b). Fees for a later sale, gift or division depend on that particular transaction.
  • The revolving-fund service charge (döner sermaye bedeli) is a separate charge for the land registry service. It is charged for inheritance registration; the amount may vary with the current tariff and applicable exemptions. Use the amount notified for your official application.

The first inheritance registration does not have to wait for the tax assessment. The inherited property is first registered in the heirs’ names without waiting for the tax to be calculated and established as a debt. Do not postpone that application while waiting for the tax-clearance certificate used for a later transfer. The registry office must notify the tax office within 15 days of registration; your tax-declaration deadline runs separately. Law No. 7338, Article 19.

6 February 2023 earthquake exception: Assets inherited from people who died in these earthquakes or later from injuries they sustained in them require neither an inheritance-tax declaration nor a tax-clearance certificate. The deceased did not have to live in the earthquake region. GİB earthquake guide, §4.1.

To view the land registry cost items for registration, choose “Inheritance transfer” in the Fees and service charges tool. The calculation uses the property and registry-office details you enter; it does not include inheritance and gift tax.

The inheritance certificate and other procedures may also incur costs. There is no reliable single fixed “inheritance cost”.

A later sale, gift or transfer of a share is a separate stage. Except where special provisions such as the earthquake exception above apply, a transfer or the creation of a right in rem over the property, such as a mortgage, generally requires full payment of the tax attributable to that property. A transfer requires the tax office’s clearance certificate. The law also allows permission to transfer part or all of the property if qualifying security is provided; the competent authority assesses its type and conditions. Law No. 7338, Article 19.

6. If the heirs cannot agree

Disagreement is not a condition preventing one heir from applying for registration in elbirliği ownership. Registration itself does not settle the dispute.

An heir may seek division unless a law or agreement requires the community of heirs to continue. Physical division is not always possible; depending on the conditions, sale and division of the proceeds may be considered. The court determines the outcome.

Before bringing a new case for partition or dissolution of co-ownership, applying for mediation is generally a prerequisite. Reaching an agreement is not compulsory. This rule does not apply to every inheritance dispute; cases already pending on 1 September 2023 and statutory exceptions need separate consideration. Law No. 6325, Articles 18/A–18/B and provisional Article 3.

Converting elbirliği to fractional co-ownership is a separate procedure from division or sale. It does not physically divide the home or land.

Conversion through notice at the land registry: One heir may ask the registry office to convert elbirliği ownership to fractional co-ownership on the basis of the inheritance certificate. The office serves notice on the other heirs so they can submit objections. The applicant pays the notice costs.

If an heir objects within the set period or a case for division is found to have been filed, conversion through this notice procedure does not proceed. Other obstacles, such as discrepancies in records or documents, may also arise; an application alone does not guarantee conversion. Law No. 3402, Additional Article 3; TKGM Circular 2009/6, A/3–6; 2024 announcement.

Special condition for agricultural land: This conversion is subject to permission from the Ministry of Agriculture and Forestry. The rules applicable to older inheritances covered by provisional Article 5 require separate assessment; do not assume the general registry route applies in the same way to every agricultural property. Law No. 5403, Article 8/B and provisional Article 5.

Court route: When one heir applies to the court, the other heirs are invited to submit objections; conversion may be ordered if the conditions are met. Turkish Civil Code, Articles 640–644.

7. When does the route change?

  • Fields or agricultural land: Law No. 5403 may impose special rules on subdivision and inheritance transfers. Do not assume that each heir can receive a separate parcel. The land registry and relevant agricultural authority assess the transaction.
  • Foreign heirs or overseas documents: Using an inheritance certificate issued by a foreign court in Türkiye involves approval by a Turkish court and other document requirements. Citizenship and the type of property may change the acquisition route; an ordinary application cannot be assumed to produce the same result.
  • Minor heirs, heirs under legal restriction, wills or disputed shares: Representation, conflicts of interest or court permission may need to be addressed. Agreement between the other heirs does not remove these requirements.
  • Successive deaths, older inheritances or registered burdens: Each inheritance link, the rules applicable at the relevant date of death and existing registered rights need separate assessment. Registration of inheritance does not automatically remove mortgages or attachments.

What you can do now

  • Establish whether you have an inheritance certificate and confirm the date of death.
  • Gather the home/land details you have, your ID and any representation document.
  • Seek prompt legal advice if debts, rejection or a special situation are involved.
  • Check your tax declaration deadline and use an official channel for ordinary inheritance registration.
  • Treat who keeps the home or whether it is sold as a separate division decision.

Official sources

The competent authorities determine the documents, charges and legal conditions for each application.