Do Foreigners Have Inheritance Rights in Turkey?

Yes, foreigners have the right to inherit in Türkiye. It is possible for a foreign person to inherit assets in Türkiye from a Turkish citizen or another foreigner. In connection with this topic Inheritance Law You can also review the content titled .

However, when evaluating the rights of a foreign heir, the citizenship of the testator, the type of assets and the country where the assets are located are important. A house or land in Türkiye and a bank account or real estate abroad may not be subject to the same legal rules.

Short Answer: Foreignness is not an obstacle to inheritance

The fact that a person is a foreign citizen does not in itself prevent him from receiving an inheritance from his spouse, parents, child or other relative. The title of heir may arise from the law, will or inheritance contract.

Turkish inheritance law applies when it comes to immovable properties located in Türkiye. For this reason, foreign heirs can also benefit from the provisions on order of inheritance, inheritance shares and reserved shares in Turkish law regarding real estate in Türkiye.

The Result is Determined by the Location of the Assets

In inheritance files containing foreign elements, the scope of the estate must first be determined. The applicable law is generally evaluated according to the following distinction:

1. House, land or workplace in Türkiye

Turkish law applies to immovable properties located in Türkiye. The fact that the testator or heir is a foreigner does not change this basic rule.

2. Money and movable goods in Türkiye

In terms of general provisions of inheritance, as a rule, the national law of the deceased is taken into account. However, the law of the country where the inheritance is located is also important in transactions such as opening, acquiring and sharing inheritance.

3. Immovable properties located abroad

Inheritance procedures for an immovable property abroad are generally carried out in accordance with the legislation of the country where the immovable property is located. It should also be investigated whether the inheritance certificate obtained in Türkiye is directly valid in a foreign country. Inheritance Procedures for Foreigners Deceased in Türkiye content explains other legal points related to this stage.

What happens if the deceased is a Turkish citizen?

The foreign spouse or foreign children of a Turkish citizen may be the legal heir. For example, a foreign spouse married to a Turkish citizen cannot be excluded from the inheritance simply because their citizenship is different.

The surviving spouse's share of the inheritance is determined according to the persons he/she co-inherits. The order of inheritance in the Turkish Civil Code applies to children, parents, siblings and other legal heirs.

The fact that the foreign spouse does not have a residence permit in Türkiye does not eliminate the right to inheritance on its own. The right of residence and inheritance are different legal statuses.

What happens if the deceased is also a foreigner?

In case of death of a foreign person with assets in Türkiye, the law of more than one country may come to the fore in the inheritance file. The national law of the deceased and the Turkish law applied to immovable properties in Türkiye are evaluated together.

For this reason, it is often not sufficient to process only Turkish population records in the foreign decedent's file. Death certificates, birth records, marriage certificates, and foreign family records may also need to be filed.

5 Basic Steps to Follow for Foreign Heirs

1. Death and family documents are prepared: Death certificate, birth records, marriage certificate and records showing kinship are provided.
2. Inheritance certificate is obtained: The identity of the heirs and their shares are determined by the deed of inheritance.
3. Inheritance is investigated: Land records, bank accounts, vehicles, company shares, receivables and debts are determined.
4. Tax transactions are made: Inheritance and transfer tax declaration is submitted to the relevant tax office.
5. The transfer is carried out: The real estate, bank account or other assets are transferred to the heirs.

These operations may not proceed in the same order in every file. A will, inheritance dispute, foreign court decision or real estate acquisition restriction may change the process.

How Does a Foreign Heir Obtain a Certificate of Inheritance?

The inheritance certificate is the official document showing the heirs and their inheritance shares. In Türkiye, it can be obtained from the civil court of peace or, if there are conditions, from the notary public.

The following documents are generally used in a file with a foreign element:

• Death certificate of the testator,
• Heirs' passports,
• Birth and marriage records,
• Personality or family records received from a foreign country,
• Will or inheritance agreement, if any,
• Apostille or consular certification,
• Notarized Turkish translations.

It is not always possible to directly accept an inheritance certificate issued by a foreign court in title deed transactions in Türkiye. The document may need to be recognized or approved by Turkish courts.

Can a Foreign Heir Take Over the House in Türkiye?

It is possible to inherit real estate in Türkiye to foreign real persons. For the title deed process, an inheritance certificate, identity card or passport, power of attorney if there is representation, and other documents depending on the nature of the real estate are prepared.

Two different issues should be distinguished here:

• A foreigner inherits real estate,
• Ability to keep the real estate as its own property.

If the immovable property is located in a region closed to acquisition by foreigners or if there is a legal acquisition restriction for the foreign heir, it may be requested to dispose of the immovable property after the transfer. If it is not liquidated within the given period, the immovable property may be converted into value by the competent authorities and paid to the heir. Also Inheritance Process of Foreigners Who Own Real Estate in Türkiye The issues explained in should be evaluated together with the concrete incident.

Therefore, although it is possible for the foreign heir to acquire the immovable property by inheritance, whether he will be able to maintain the ownership for a long time should be examined separately based on the location of the immovable property and the citizenship of the heir.

Where to Apply for Title Deed Transfer?

In order to transfer the real estate in Türkiye to the name of the heirs, an application can be made via Web Title Deed or to the relevant land registry office. One of the heirs can initiate the application.

The following documents are generally required for title deed transfer:

• The original or certified copy of the inheritance certificate,
• Passport or identity document of the foreign heir,
• If transaction is carried out by proxy, appropriate power of attorney,
• TCIP policy valid for real estate in the nature of a building,
• Required translation and certification documents.

The foreign heir can follow up his transactions through his lawyer or representative in Türkiye, with a power of attorney containing appropriate authorities, without coming to Türkiye.

Does Foreign Heir Pay Tax?

The inheritance of property in Türkiye may be subject to inheritance and transfer tax. The fact that the heir is a foreigner does not alone eliminate the tax liability.

After the inheritance certificate is received, an inheritance and transfer tax declaration is prepared according to the scope of the estate. The declaration can be submitted by the heirs together or separately. For heirs living abroad, transaction options can be evaluated through consulates and attorneys.

The fact that the tax has not yet been fully paid does not prevent the registration of the real estate in the name of the heirs in any case. However, it may not be possible to sell, transfer or establish real rights before the inheritance tax on the real estate is fully paid.

What Happens If There is Debt in the Inheritance?

The foreign heir must take into account not only the goods and receivables, but also the debts attached to the estate. Regarding the estate in Türkiye, rejection of the inheritance, official liquidation of the estate or other protective methods against debts may be on the agenda.

Rejection of inheritance is a time-bound process. For this reason, if there is a debtor estate, not only the assets should be investigated; Tax, credit, enforcement, mortgage and other debt records should also be examined without delay.

Does the Will Affect the Foreign Heir?

The testator may leave property to a foreign person by will. However, the form of the will, the capacity of the testator, the law applicable to immovable properties in Türkiye and the rights of the heirs with reserved shares are evaluated together. About the relevant aspect of the process Inheritance Sharing for Foreigners' Assets in Türkiye There is detailed information on the page.

The presence of a will is not always sufficient for the direct transfer of title deed to the foreign heir. Court proceedings may be required to open the will, notify it to the relevant parties and, if necessary, enforce the will.

Main Problems Encountered by Foreign Heirs

• Incomplete family records in a foreign country,
• There are name or surname differences in the documents,
• Failure to provide apostille or consular certification,
• Application of the law of more than one country,
• The immovable property in Türkiye is subject to acquisition limitation,
• Hiding other heirs or objecting to their share of inheritance,
• A dispute arises regarding the validity of the will.

Especially in inheritance files with assets in different countries, it should not be thought that the entire estate will be resolved in a single transaction. For property in each country, that country's land registry, bank and court rules may also apply.

Inheritance Right of Foreigners with Short Questions

Can a foreign spouse inherit from a Turkish spouse?

Yes. The foreign spouse can be the legal heir of the Turkish citizen spouse if there is a valid marriage.

If a foreigner does not have a residence permit, will his inheritance rights be lost?

No. Residence permit and inheritance are different legal statuses.

Can a foreign child get a share of the house in Türkiye?

Yes. Even if the child is a foreigner, if he/she meets the inheritance conditions, he/she can receive a share of the real estate in Türkiye.

Does the foreign heir have to come to Türkiye?

Many transactions can be carried out with a specially authorized power of attorney. However, if the court or official authority deems it necessary, it may request personal participation.

Can a foreign heir reject the inheritance?

Yes. In terms of inheritance in Türkiye, the inheritance can be rejected within the terms and time.

Is an inheritance certificate obtained from a foreign court sufficient for title deed?

Not always enough. The document may need to be recognized, approved and duly translated in Türkiye.

Legal information: This content has been prepared for general information purposes. The law to be applied in inheritance files with foreign elements; It may vary depending on the citizenship of the testator, the type of assets, the country of residence and the status of the foreign heir.