Selling an Inherited Home: Probate, Transfer, and Partition

When someone dies, their real estate passes to their heirs, but the title deed record doesn't update itself. Before the home can be sold, the heirs must first be documented, tax obligations settled, and the transfer (intikal) recorded on the title deed.

1. Certificate of inheritance (veraset ilamı)

This document lists the heirs and their shares. It's obtained from a notary or from the civil court of peace (sulh hukuk mahkemesi). Where there's a will or a dispute, the court route is required.

2. Inheritance and transfer tax return

Heirs must file a return with the tax office within the period set by law, starting from the date of death. The exemption amount granted per heir is updated every year; tax is assessed on the portion above the exemption and can be paid in installments. The land registry office asks for a letter confirming this return was filed before recording the transfer.

3. Recording the transfer on the title deed

With the certificate of inheritance and the tax office letter, you apply to the land registry office, and the property is registered in the heirs' names as joint ownership (elbirliği mülkiyeti). If the heirs agree, they can convert this to shared ownership (paylı mülkiyet) or proceed directly to a sale at the same time.

4. Sale

As a rule, selling property held in joint ownership requires all heirs to act together. An heir who is abroad or unable to take part can be represented through a specific power of attorney.

If the heirs can't agree

Any heir can file a partition lawsuit (ortaklığın giderilmesi / izale-i şuyu). If the property can't be physically divided, the court orders it sold; the sale is carried out by public auction through enforcement proceedings, and the proceeds are distributed according to each heir's share. Because an auction price risks coming in below market value, an agreed sale is usually in everyone's interest.