I inherited a plot of land in Turkey from my parents and live in Vienna. Do I have to do anything here?
Your co-pilot in inheritance law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Inheritance law
The parents’ land had never belonged to the parents alone.
Grandfather’s land
The parents came to Vienna from a village in Anatolia decades ago. Both died in Vienna. Their son has long been an Austrian citizen and holds a Mavi Kart. He knows: in the village there is the field his father always farmed. “It’s mine now.”
At the land registry in Turkey, the Tapu, comes the surprise. The field is not registered to his father. It is still registered to his grandfather, who died over thirty years ago. After his death, nobody had the land transferred.
The parents’ land had never belonged to the parents alone.
So the son is not the only heir. All of the grandfather’s descendants are heirs: uncles, aunts, cousins, scattered across Turkey, Germany and the Netherlands. Certificates of inheritance are needed for two successions, first for the grandfather, then for the parents, plus the signatures of many relatives.
We coordinated this from Vienna, in Turkish, together with a lawyer on the ground. The son signed a power of attorney once at the Consulate General. In the end the relatives agreed who would take over which plot. His father’s field is now registered in his name.
The lesson: if you inherit in Turkey, look at the land register first, not at family memory.
What the law says
- Turkey: Turkey is not in the EU. Under Turkish private international law, land in Turkey is governed by Turkish law, and the transfer takes place through Turkish authorities.
- Certificate of inheritance: registration in the land register (Tapu) requires a Turkish certificate of inheritance (veraset ilamı or mirasçılık belgesi), issued by a Turkish notary or court.
- Old registrations: if land is still registered to grandparents or even earlier generations, every succession must be resolved one after the other. The number of co-heirs grows with each generation.
- Citizenship: those who have given up Turkish citizenship and hold a Mavi Kart are in principle treated like Turkish citizens when inheriting and owning land in Turkey. Restrictions may apply to other foreigners.
- Austria: if the parents last lived in Austria and had assets here, Austrian probate proceedings are conducted for those. In practice they do not decide on the land in Turkey.
- Documents: Austria and Turkey are members of the Hague Apostille Convention. Austrian documents need an apostille and a certified Turkish translation.
- Taxes: Turkey has an inheritance tax with filing deadlines. Austria has no inheritance tax. If you later rent out or sell the land, this may be relevant for tax purposes in Austria.
What you should do now
- Obtain a current land register extract from Turkey. In whose name is the land registered, and in what share?
- Clarify all successions between the registration and today.
- Sign a power of attorney at the Turkish Consulate General in Vienna. Then nobody has to travel.
- Keep the tax deadlines in Turkey in mind.
Similar, if the house is in Serbia: My parents in Serbia have died. I live in Vienna and don’t want to lose the house there. →
Inherited land in Turkey?
We clarify the situation in Turkish and coordinate everything from Vienna, together with our partner law firm in Turkey. Initial assessment within 48 hours on working days; the first consultation is free of charge. Your Turkish-speaking contact at the firm: Hatice Kocatas.
Have your case checked+43 1 34 601 71