Q133: Change of House Ownership After Inheritance
Q133: 9 years ago me and my father bought a house in Gündoğan. The purchased was in his name only. Last April he passed away and left the house to me in his will. How do I change ownership of the house to my name. I have the following documents: his will (English), grant of probate (English), death certificate (English), solicitors letter (signed by my stepmother, brothers and sisters to say that they have no interest in the house (English), TAPU.
NEW: A133: A foreigner who has estates in Turkey has to make a will within the limits and the form which are specified by the Civil Code by Turkish Laws. A person is free to make testamentary dispositions in preparation of a will within the limits set by the Civil Code. Civil Code guarantee a portion of the will as the rights of offspring, father and mother, brother and sister and surviving spouse. Turkish Laws are applied if the Real estate in Turkey, . This is a binding rule. You have to apply to a court by a lawyer to get ruling on determination of heirship. According to Turkish Inheritance Law, property and money left by a deceased person are divided among close relatives as stated in the Civil Code. Persons with such rights of inheritance are called heirs in legal terminology. According to the provisions of the Civil Code, the first heirs of a deceased person are his children and his wife/ her husband. If the deceased has no children, his parents are his heirs. If his parents are no longer alive, their children (deceased's brothers or sisters or if they are dead their children) become his heirs. The least of a deceased person's heirs among his close relatives are his grandparents and their offspring. If the wife or husband of the deceased is included with his children in the sharing of the inheritance, then he or she has the right of one-forth. A spouse who is sharing the inheritance with the deceased's father, mother, and their offspring has a right to half of it. A spouse who is sharing the inheritance with the deceased's grandfather, grandmother, and their offspring has a right to three-fourths. If none of the deceased's next of kin survives, the entire estate goes to his surviving spouse. If the deceased leaves no surviving heirs, his estate becomes the property of the State. --Çelebi Law Firm, Konacık
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