Inheritance Rights of Foreign Nationals in Turkey

Short Answer: Can Foreigners Be Heirs in Turkey?

Yes. Foreign nationals may become heirs in Turkey within the framework of certain legal conditions and limitations, assert rights over assets transferred to them through inheritance, and conduct inheritance proceedings before Turkish authorities. However, in inheritance disputes involving a foreign element, the governing law depends on the nationality of the testator, their last place of residence, whether the inherited property is movable or immovable, whether the real estate is located in Turkey, and special restrictions regarding the acquisition of real estate in Turkey by foreigners.

When real estate located in Turkey is involved, there are special regulations regarding the application of Turkish law. In cases involving a foreign element, the provisions of Law No. 5718 on Private International Law and Procedural Law are evaluated to determine who the heirs will be and in what proportions the inheritance will pass.

For a foreign national, the inheritance process is often not limited merely to the question of "whether they are an heir." In particular, the following matters must be evaluated together:

 

• • Nationality of the testator,
  • Nationality of the heir,
  • The last habitual residence of the de cujus,
  • Whether there is any immovable property in Turkey,
  • The location of the movable property,
  • Whether there is a will or inheritance agreement,
  • Whether there is a specific international convention between Turkey and the respective foreign state,
  • How the foreign national will obtain the certificate of inheritance,
  • Whether documents issued abroad are valid and usable in Turkey,
  • Whether apostille, legalization, and translation procedures are required,
  • Whether the immovable property in Turkey can be registered in the name of the foreign national,
  • Whether there is any dispute among the heirs.

 

Therefore, the inheritance rights of foreigners in Turkey are governed by both inheritance law as well as private international law is an issue that must be evaluated in terms of.

What is the Inheritance Right of Foreign Nationals in Turkey?

The right of inheritance refers to the transfer of the legal status regarding the assets, rights, and debts left behind as a result of a person's death or declaration of absence to statutory or appointed heirs.

The fact that a person is a foreign national does not, in itself, prevent them from being an heir in Turkey. For example:

 

• • An Iranian citizen may be an heir to their mother in Turkey.
  • A German citizen may be entitled to the inheritance of their father located in Turkey.
  • A Russian citizen may assert inheritance rights following the death of their spouse located in Turkey.
  • A child who is not a Turkish citizen may receive a share of their mother's or father's inheritance in Turkey, provided that the conditions are met.
  • A foreigner may execute the relevant legal proceedings in the event that immovable property located in Turkey is bequeathed to them through a testament.

 

However, it is not accurate to conclude that the same law will apply in every file. This is because in inheritance relationships containing a foreign element, primarily the determination of the applicable law .

Which Law Applies to Inheritance Rights of Foreigners in Turkey?

One of the primary regulations governing inheritance disputes involving a foreign element is Law No. 5718 on Private International Law and Procedural Law.

The general rule in inheritance relations is that inheritance is governed by the national law of the decedent. However, there is a special provision regarding immovable property located in Turkey.

In other words, in an inheritance case containing a foreign element, the following two questions must be distinguished from one another:

 

1. 1. Which law generally governs the inheritance,
   2. Which law applies with respect to immovable property located in Turkey.

 

This distinction is of utmost importance in practice.

For example, a foreign national may have passed away and left assets both in their home country and in Turkey. In this case, it is not always correct to assume that the entire estate is automatically subject to the laws of a single country.

Due to the special rule regarding the application of Turkish law to immovables located in Turkey, in the inheritance transfer of immovables in Turkey Türk Medeni Kanunu and the relevant Turkish legislation gain significance.

Does Turkish Law Apply to Immovable Property Located in Turkey Inherited by a Foreign Heir?

As a rule, yes. It is a fundamental principle that Turkish law applies to immovable property located in Turkey.

This is one of the most critical issues when evaluating the inheritance rights of foreign nationals in Turkey.

Examples of immovable property include:

 

• • House,
  • Apartment,
  • Plot of land,
  • Land,
  • Independent section in the nature of a workplace,
  • Other immovable property registered in the land registry,
  • Independent sections subject to condominium ownership.

 

For example, if an Iranian citizen owns an apartment in Turkey and passes away, the provisions of Turkish law regarding the inheritance of immovable property shall apply when evaluating the transfer of this property through inheritance.

Therefore, with respect to immovable property in Turkey’s jurisdiction:

 

• • Legal heirs,
  • Provisions regarding reserved shares (forced heirship),
  • Inheritance rights of the surviving spouse,
  • Inheritance rights of children,
  • The status of other heirs in the absence of descendants,
  • The effect of a will (testament) on immovable property,
  • Land registry title transfer procedures,

 

Must be evaluated within the framework of the Turkish legal system.

However, the entire case file may not consist solely of immovable property. The application of different laws may come into question regarding immovable property located outside of Turkey or movable assets.

Inheritance Rights Regarding Foreign Movable Property in Turkey

The de cuius's (testator's) bank accounts, vehicles, corporate shares, receivables, negotiable instruments, or other movable asset components may also be the subject of inheritance cases involving foreign elements.

When determining the applicable law for such assets, the national law of the decedent and other specific circumstances of the case may be of significance.

For instance, in the event that a foreign national holds funds in a bank account in Türkiye:

 

• • Determination of heirship status,
  • Documents to be submitted to the bank,
  • Certificate of inheritance to be obtained in Türkiye,
  • Validity of documents issued abroad,
  • Tax liabilities

 

must be evaluated separately.

Following the demise of a foreign national with a bank account in Türkiye, it is a misconception to assume that foreign heirs can withdraw the funds simply by presenting their passports. Banks may require proof of heirship status through official documentation and the completion of necessary legal procedures.

Can a Foreign National Obtain a Certificate of Inheritance in Türkiye?

Yes, provided that the requisite conditions are met, foreign nationals may apply for a certificate of inheritance in Türkiye.

A certificate of inheritance is an essential document, also commonly known as a “veraset ilamı” in practice, which establishes whether an individual holds the status of an heir.

However, obtaining a certificate of inheritance in cases involving a foreign element can be more complex than a standard procedure conducted solely via the Republic of Turkey identification number.

In situations involving a foreign heir or a foreign decedent:

 

• • Citizenship records,
  • Birth records,
  • Marriage certificates,
  • Divorce decrees,
  • Death certificates,
  • Civil registry records,
  • Official documents issued by foreign authorities

 

may be examined.

There are special rules regarding the competent authority for requests for certificates of inheritance by foreigners. In particular, due to the presence of a foreign element, the notary public procedure and the judicial path must be distinguished from one another.

In practice, for requests for certificates of inheritance containing a foreign element, application must be made to the civil court of first instance comes to the agenda.

Therefore, the answer to the question “Can foreigners obtain a certificate of inheritance from a notary in Turkey?” must be evaluated separately based on the nature of the foreignness element in the case.

What Documents Are Required for Foreigners to Obtain a Certificate of Inheritance in Turkey?

Although the required documents vary depending on the specific case, the following documents may be significant in practice:

 

• • Death certificate of the testator,
  • The heir's passport or identity document,
  • Birth certificate,
  • Marriage certificate,
  • Official records demonstrating family ties,
  • Civil registry documents obtained from a foreign country,
  • Citizenship certificate,
  • Last will and testament, if any,
  • Inheritance agreement, if any,
  • Other official documents issued abroad.

 

For a document issued abroad to be used in Turkey, depending on the country of issuance and the nature of the document, additional requirements include:

 

• • An Apostille,
  • Consular or diplomatic legalization,
  • Turkish translation,
  • Translator certification or notary proceedings

 

may be required.

Therefore, it cannot always be said that a death certificate, birth certificate, or family registration document obtained from a foreign country can be used directly in Turkey.

What is an Apostille and Why Is It Important in Foreign Inheritance Proceedings?

In order for official documents issued in a foreign country to be used in another country, international or diplomatic legalization procedures may be required for the document.

An Apostille is a system that simplifies the legalization process of official documents between countries that are parties to certain international conventions.

For instance, a foreign heir may have obtained a birth certificate or family registration document from their home country. For this document to be accepted by a court or official authority in Turkey, the document must be:

 

1. 1. Issued in due form,
   2. Bearing an apostille endorsement, if necessary,
   3. Translation into Turkish,
   4. Certification of the translation in due form when necessary

 

may be required.

However, the same procedure does not apply to every country and every document. Therefore, the legal regulations between the country where the document was issued and Turkey must be checked separately.

Is There a Reciprocity Requirement for Foreigners Inheriting Immovable Property in Turkey?

This subject is one of the most misunderstood issues regarding the inheritance rights of foreigners in Turkey.

The legislation regarding the acquisition of immovable property by foreigners in Turkey has undergone significant changes over time. In particular, a distinction must be made between the reciprocity system applied in the past and current regulations.

From the perspective of current law, it is not accurate to state that a general and absolute "does the country of which they are a citizen grant the same right to Turkish citizens?" review must be conducted for every foreign heir. However, the acquisition of immovable property by foreigners continues to be evaluated in terms of statutory limitations and special regulations.

Within the scope of the provisions of the Land Registry Law regarding the acquisition of immovable property by foreign natural persons:

 

• • Statutory limitations,
  • Public order,
  • Public interest,
  • Security zones,
  • Special statutory provisions,
  • The nature and location of the immovable property

 

may be of significance.

Therefore, a foreign national becoming an heir and the direct and unrestricted registration of the immovable property in the name of the foreigner are not the same legal issue.

Different outcomes may arise, particularly with respect to large-scale immovable properties, areas with special legal status, or regions restricted by special laws.

Can a Foreign Heir Register a House, Plot, or Land in Their Name in Turkey?

There is no single-word answer to this question.

A foreign national may become an heir to an immovable property located in Turkey; however, statutory limitations regarding the acquisition of immovable property by foreigners must also be taken into consideration during the registration of the property in the name of the foreigner.

Therefore, the following two stages must be distinguished from one another:

First Stage: Is the Person Actually an Heir?

At this stage, the status of heirship and the applicable law are evaluated.

Second Phase: Under Which Conditions Can the Immovable Property Be Registered in the Name of a Foreigner?

At this stage:

 

• • Land registry legislation,
  • Restrictions regarding the acquisition of immovable property by foreigners,
  • Location of the immovable property,
  • Characteristics of the immovable property,
  • Provisions of special laws

 

comes to the agenda.

Therefore, proceeding with the mindset of “If I am an heir, I can automatically transfer the title deed to my name” regarding the acquisition of immovable property by foreign heirs may lead to legal issues.

Can a Foreign Heir Sell the Immovable Property?

It is also possible for foreign heirs to execute a sale transaction regarding immovable properties in Turkey, depending on the specifics of the file.

Particularly, provided that the foreign heir:

 

• • Acquires ownership rights over the immovable property,
  • The existence of multiple heirs,
  • The establishment of joint ownership,
  • The existence of restrictions on registration in the name of a foreigner,
  • Disputes arising regarding the partition of the inheritance

 

Such circumstances may affect the sales process.

In some inheritance files, heirs may choose to sell the real estate together. In other files, one of the heirs may wish to acquire the shares of the others.

In the event that the heirs cannot reach an agreement, a partition lawsuit (joint ownership termination suit) may also be brought to the agenda.

The absence of a foreign heir in Turkey does not mean that the procedures must necessarily be carried out by coming to Turkey in person. It may be possible to execute certain procedures through a representative by means of a duly executed power of attorney. However, the formal requirements necessary for the validity of a power of attorney issued abroad in Turkey must be carefully examined.

Can a Foreign National Inherit Property in Turkey by Means of a Testament?

Yes, a foreign national may assert rights over the assets bequeathed to them by means of a testament. However, the validity of the testament and the transfer of the bequeathed property in the name of the foreigner may require different legal assessments.

In an inheritance file involving a testament, the following questions are important:

 

• • In which country was the testament executed?
  • What formal requirements is the testament subject to?
  • Did the testator have the legal capacity at the time of execution?
  • Was the testament validly drawn up?
  • Are the rights of statutory heirs with reserved portions affected under Turkish law?
  • Does the testament concern immovable property located in Turkey?
  • Does the testament need to be opened and enforced in Turkey?

 

Whether a testament executed abroad will produce legal effects regarding immovable property located in Turkey cannot be determined solely by looking at the existence of the document.

The form and content of the testament, as well as its legal effects on the immovable property located in Turkey, must be evaluated separately.

Can a Certificate of Inheritance Obtained Abroad Be Accepted for an Inheritance Located in Turkey?

This question frequently arises in practice.

It is incorrect to state that a certificate of inheritance obtained from a court or competent authority of a foreign country will be automatically accepted as valid in Turkey without any further proceedings.

Depending on the nature of the document:

 

• • Recognition or enforcement of a foreign court judgment,
  • Official status of the document,
  • Apostille procedure,
  • Turkish translation,
  • Obtaining a separate certificate of inheritance from a Turkish court

 

may come up.

In particular, the legal nature of a certificate of inheritance and a foreign court decree may differ from one another. Therefore, the general approach of “I obtained a certificate of inheritance abroad, so I can immediately transfer the title deed into my name in Turkey” does not yield the correct result for every case.

Can a Foreign Heir File an Inheritance Lawsuit in Turkey?

Yes. Foreign nationals may file inheritance-related lawsuits in Turkey and be parties to lawsuits filed against them, provided that they fulfill the necessary procedural requirements.

The fact that a foreign national does not reside in Turkey does not, in itself, constitute an obstacle to filing a lawsuit.

The primary disputes in which foreign heirs may be parties are as follows:

 

• • Determination of heirship,
  • Annulment of the certificate of inheritance,
  • Annulment of a will,
  • Execution or fulfillment of a will,
  • Action for reduction (Tenkis),
  • Deed cancellation and registration lawsuit based on the simulation of inheritance (muris muvazaası),
  • Lawsuit for the dissolution of partnership (ortaklığın giderilmesi),
  • Determination of the estate,
  • Proceedings for the preservation of the estate,
  • Deed cancellation and registration lawsuits,
  • Disputes regarding inheritance shares.

 

The competent court where the lawsuit will be filed and the applicable law are determined separately according to the nature of each case.

Is Security (Cautio Judicatum Solvi) Required from Foreign Heirs?

In the event that foreigners file a lawsuit in Turkish courts or engage in any judicial proceedings security may become a subject of discussion.

In private international law and procedural law, there are regulations concerning the provision of adequate security by foreign natural or legal persons regarding litigation costs.

However, it would not be accurate to state that the same result automatically arises for every foreigner and in every lawsuit in this regard.

International conventions to which Turkey is a party, the principle of reciprocity, and the specific circumstances of the case may affect the obligation to provide security.

Therefore, before filing a lawsuit in Turkey, a foreign heir should consider:

 

• • Their country of citizenship,
  • Agreements between Turkey and the relevant country,
  • The type of lawsuit,
  • Whether an exemption from security exists,

 

must be examined.

Yargıtay's Approach to Inheritance Disputes Involving a Foreign Element

In Yargıtay practice, one of the primary issues in inheritance disputes carrying a foreign element is, is the accurate determination of which law shall be applied to the dispute.

Within the framework of high court precedents and established practice, private international law rules must be taken into consideration before concluding that Turkish law directly applies to inheritance relations containing a foreign element.

Particularly:

 

• • Nationality of the testator,
  • Whether there is any immovable property in Turkey,
  • The nature of the certificate of inheritance,
  • Documents issued by foreign authorities,
  • Whether there is a result manifestly contrary to Turkish public policy

 

carries significance in the legal evaluation.

In the Yargıtay's approach regarding the certificate of inheritance, it is accepted that a certificate of inheritance serves as a document indicating heirship status, which remains valid until the contrary is proven. In cases involving a foreign element, the reliable and proper examination of foreign population and civil status records assumes additional significance for the determination of heirship status. Indeed, in the decision of the 7th Civil Chamber of the Yargıtay numbered E: 2012/7173 K: 2013/366, it is stated as follows: "Under Turkish law, there is no provision preventing the Turkish court authorized to issue a certificate of inheritance from issuing such a certificate regarding a foreign testator for an estate subject to foreign law.

On the other hand, non-contentious court decisions that do not constitute a final judgment are not eligible for recognition or enforcement. This is because, under Turkish law, a certificate of inheritance indicates the heirs until the contrary is proven. The inaccuracy of this document may be asserted in any lawsuit, and its annulment and correction may also be requested. Greater weight cannot be attributed to a certificate of inheritance obtained from a foreign court than the value recognized and accepted by Turkish law. Since the contrary may always be proven, it cannot be subject to recognition or enforcement. Turning to the concrete case; it is understood that the de cujus Özdemir G. lost his Turkish citizenship in 1995 while he was a Turkish citizen, and died in 1998 while he was a citizen of the United States of America.

In that case, first of all, the plaintiff should be granted time to submit judgments or population records duly issued by the Courts or Civil Registry Offices of the United States of America, of which they are citizens, demonstrating the consanguineous bond between the plaintiff and the spouse and children alleged to be the heirs of the de cujus; the plaintiff should be asked whether the request for a certificate of inheritance concerns movable or immovable property, or both; with respect to movables, the national law of the testator should be determined by also benefiting from the assistance of the plaintiff (Art. 2 of Former Law No. 2675); with respect to immovables, Turkish laws should be applied; it should be investigated whether there is reciprocity between the United States of America, of which the testator is a citizen, regarding the acquisition of inheritance; and, depending on the outcome of the evidence collected and to be collected, it should be considered that issuing two separate certificates of inheritance—regarding movables and immovables, respectively—may be required.

CONCLUSION : Therefore, the court's rendering of a written judgment based on incomplete research and examination without considering the aforementioned aspects, as well as by misinterpreting the statutory provisions, is erroneous; since the plaintiff's appeal objections are found to be well-founded for this reason, it is unanimously decided on 23.01.2013 that the judgment be REVERSED, and that the advance appeal fee be refunded to the plaintiff upon request. ”

For this reason, rather than rendering a decision concerning a foreign heir based solely on a passport or a single foreign document, family ties and the status of heirship must be established through sufficient official documents.

Property Rights of Foreigners from the Perspective of the Council of State (Danıştay) and Administrative Practice

The decisions of the Council of State (Danıştay) are of particular importance for the evaluation of administrative regulations and practices regarding the acquisition of real estate by foreigners in Turkey.

The acquisition of real estate by foreigners is not merely a private law relationship. Due to title deed (tapu) transactions and certain restrictions concerning the acquisition of real estate by foreigners, administrative actions and regulations may also come into play.

In the decisions and evaluations of the Council of State (Danıştay) on this subject, the regulations regarding the acquisition of real estate by foreigners are evaluated in terms of:

 

• • Their legal basis,
  • Public interest,
  • National security,
  • Zoning and land acquisition legislation,
  • The authority of administrative bodies,

 

which is of significant importance.

When acquisition by inheritance is at issue, the legal nature of the immovable property and the legislation regarding its registration in the name of the foreigner must not be disregarded.

In other words, even if an individual has acquired the status of an heir, examinations arising from administrative and land registry legislation concerning the immovable property may still be conducted. For more detailed information regarding real estate law, Real Estate Lawyer you can visit our page.

Is a Residence Permit Required for a Foreign National to Inherit Property in Turkey?

As a rule, no. A person is not strictly required to hold a residence permit in Turkey in order to become an heir in Turkey.

The status of heirship is determined by the rules governing inheritance law rather than an individual's residence permit.

Therefore, a foreign national residing abroad:

 

• • Türkiye’ye hiç gelmemiş olsa bile,
  • Türkiye’de ikamet izni bulunmasa bile,
  • Türkiye’de ikamet etmiyor olsa bile

 

can be an heir to a person in Turkey within the framework of the applicable rules of law.

However, the necessary documents must be submitted during the execution of title deed, bank, tax, court, and other official proceedings.

Yabancı Mirasçı Türkiye’ye Gelmeden Miras İşlemlerini Yürütebilir mi?

Birçok durumda işlemlerin vekâletname yoluyla yürütülmesi mümkündür.

A foreign heir may grant a power of attorney to a representative in their country of residence to conduct proceedings in Turkey.

However, in order for a power of attorney issued abroad to be valid and usable in Turkey:

 

• • Düzenlendiği makamın yetkili olması,
  • Belgenin gerekli şekil şartlarını taşıması,
  • An Apostille or the relevant legalization procedures must be completed,
  • To be translated into English

 

may be required.

The scope of the power of attorney is of great importance, particularly with regard to real estate sales, title deed transactions, and inheritance distribution.

A general and insufficient power of attorney may not be adequate to carry out the intended transaction.

Are Foreigners Subject to Tax in Inheritance Transactions in Turkey?

In the event of acquiring property through inheritance inheritance and transfer tax may come up.

Whether a tax liability arises and how the tax is calculated:

 

• • The status of the decedent,
  • Whether the property is located in Turkey,
  • Nationality of the heir,
  • The value of the property transferred through inheritance,
  • The relevant tax legislation

 

shall be evaluated within the framework of.

The fact that an heir is a foreign national does not, in itself, mean that inheritance proceedings in Turkey will not entail tax consequences.

Particularly prior to the title deed transfer of the real estate or the transfer of bank assets to the heirs, tax procedures may need to be completed.

Since tax legislation may change over time, monetary amounts, exemptions, and declaration periods must be checked based on the regulations in effect as of the transaction date.

Most Common Problems Faced by Foreign Heirs in Turkey

1. Discrepancies in Names Across Documents

Variations in the spelling of names in passports, birth certificates, and other official documents are a frequently encountered issue.

For example:

 

• • In one document “Mohammad”,
  • In another “Muhammed”,
  • In yet another document “Mohamad”

 

different spellings may be found.

This situation may raise issues regarding whether the documents belong to the same person.

2. Surname Changes

Surname changes may have occurred, particularly due to marriage or divorce.

Discrepancies resulting from this modification between foreign official records and documents used in Türkiye may necessitate additional documents or explanations to prove heirship.

3. Discrepancies in Date of Birth and Place of Residence

Due to differences among recording systems in various countries, inconsistencies regarding the date of birth, place of birth, or place of residence may arise in official documents.

Resolving such discrepancies can be particularly crucial during the acquisition of a certificate of inheritance.

4. Apostille and Translation Issues

Failure to duly legalize a document obtained from a foreign country or the failure of its translation to meet required procedural conditions may cause delays in proceedings.

Whether a document requires an apostille, which legalization procedure applies to countries not party to the apostille system, and how the translation must be executed should be evaluated separately.

5. Application of Multiple Jurisdictions

The deceased being a foreign national, heirs residing in different countries, and assets being located in multiple jurisdictions can complicate the legal process.

For instance, while Turkish law governs real estate located in Türkiye, the application of a different legal regime may come into question regarding movable assets located in another country.

6. Status of Real Estate in Türkiye

The nature of the real estate and special restrictions regarding property acquisition by foreigners must be further investigated.

Title deed records, the legal nature of the immovable property, its location, and limitations arising from special legislation may be of significance for the specific case.

Legal Procedures That Can Be Followed in Inheritance Transactions of Foreigners in Turkey

Although each case is unique, the following stages are generally observed:

1. Determination of the Deceased's Assets

In Turkey:

 

• • Immovable property,
  • Bank account,
  • Vehicle,
  • Company share,
  • Receivable

 

are investigated as to whether they exist.

2. Determination of Inheritance Status

Heirs and family ties are determined through official documents.

3. Determination of Applicable Law

It is evaluated which country's law shall apply to which part of the inheritance.

4. Preparation of Required Foreign Documents

Birth, death, marriage, and family registry records are obtained from the relevant countries.

5. Completion of Apostille or Certification Procedures

The international or diplomatic procedures necessary for the document to be used in Turkey are carried out.

6. Preparation of Turkish Translation

The documents are duly translated into Turkish when required.

7. Obtaining the Certificate of Inheritance

The necessary application is made before the competent Turkish authority according to the specifics of the file.

8. Execution of Title Deed and Other Transfer Procedures

Proceedings are conducted before the relevant institutions for real estate, bank accounts, or other assets.

9. Fulfillment of Tax and Financial Obligations

Necessary tax procedures are completed in accordance with the nature of the inheritance.

10. Conduct of Litigation Process in Case of Disputes Among Heirs

Lawsuits may be filed before Turkish courts when deemed necessary.

Frequently Asked Questions

Can a foreign national be an heir in Turkey?

Yes. Being a foreign national does not, in itself, constitute an obstacle to being an heir in Turkey. However, the applicable law and restrictions regarding the acquisition of immovable property are evaluated on a case-by-case basis.

Can a foreign national inherit a house in Turkey?

A foreign national can be an heir to a house located in Turkey. However, statutory restrictions under Turkish law regarding the acquisition of immovable property by foreigners are also taken into account in the transfer of the immovable property to the foreigner.

Can a foreign national inherit land in Turkey?

The registration of immovable property in the name of a foreign national by virtue of heirship requires distinct legal evaluations. The nature of the land, its location, and relevant special regulations must be examined.

Can a foreign heir obtain a certificate of inheritance?

Yes, provided that the required conditions are met, a foreign national may request a certificate of inheritance in Turkey. Competent authorities and required documents must be evaluated separately in files involving a foreign element.

Is a certificate of inheritance obtained abroad valid in Turkey?

It is not possible to state that it is automatically accepted as valid in every case. Depending on the nature of the document, an apostille, translation, recognition, or additional procedures by Turkish authorities may be required.

Can a foreign heir conduct transactions without coming to Turkey?

Certain transactions may be carried out through a representative with a duly issued power of attorney. However, the formal and certification requirements necessary for the power of attorney to be valid in Turkey must be examined.

Is a residence permit required for foreigners to inherit property in Turkey?

As a rule, holding a residence permit in Turkey is not a prerequisite for acquiring the status of an heir.

Can a foreign heir file a lawsuit in Turkey?

Yes. Foreign nationals may file inheritance-related lawsuits in Turkey or be parties to such actions, provided that they fulfill the necessary procedural requirements.

Is a security deposit required from a foreign heir?

In certain circumstances, the issue of the foreign national providing security may arise. However, a definitive conclusion cannot be reached without considering international agreements, reciprocity, and the specific circumstances of the case.

Conclusion and Legal Assessment

The inheritance rights of foreign nationals in Turkey are not an area that is completely prohibited under the Turkish legal system or reserved solely for Turkish citizens. Foreign nationals may become heirs in Turkey, acquire rights over assets through inheritance, obtain a certificate of inheritance under the requisite conditions, and assert their rights before Turkish courts in inheritance disputes.

Nevertheless, inheritance files containing a foreign element may require more extensive legal scrutiny than standard inheritance proceedings.

In particular, the following questions must be answered accurately:

 

• • Of which country was the decedent a citizen?
  • Of which country is the heir a citizen?
  • What was the last domicile of the decedent?
  • Are there any real estate properties located in Turkey?
  • Is the inherited property movable or immovable?
  • Is there a last will and testament?
  • Can documents obtained from a foreign country be used in Turkey?
  • Is an Apostille or any other legalization process required?
  • Are there any special restrictions on the registration of real estate in the name of a foreign national?
  • Does a security for costs obligation arise if a foreign heir files a lawsuit in Turkey?
  • What are the tax obligations?

 

In particular, the special rules regarding the application of Turkish law to the transfer of real estate located in Turkey through inheritance constitute one of the most significant characteristics of inheritance files containing foreign elements.

Therefore, when a foreign national has inheritance rights in Turkey, not only whether they are an heir; but also which law will apply, with which documents inheritance status will be proven, and through what legal procedure the assets will be transferred in the name of the foreign national should be evaluated together.

It should be noted that each inheritance file may vary in terms of nationality, family ties, countries where the assets are located, international conventions, and the specific circumstances of the case. For other information regarding Turkish Citizenship Immigration Law you may browse our page.

 

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Author

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

 

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Contact

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

For legal consultation or advisory requests regarding inheritance disputes involving a foreign element and inheritance proceedings in Turkey, you may contact our law office through its İletişim channels.

 

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General Legal Information Disclaimer

This article has been prepared for general informational purposes. The explanations contained herein do not constitute personalized legal opinion or advice regarding any specific case. Legislation, high court precedents, and administrative practices may change over time. Before taking action in a specific dispute, the characteristics of the case and current legal regulations must be separately evaluated.