How to Obtain a Certificate of Inheritance in Turkey for Foreign Heirs?

For foreign heirs, the deed of inheritance in Türkiye is the official document showing who is the heir and their share of the inheritance. In most cases, it is not possible to transfer real estate, bank accounts, vehicles or company shares in the name of heirs in Türkiye without an inheritance certificate. In connection with this topic Inheritance Law You can also review the content titled .

While it is possible for Turkish citizens to obtain documents from the notary public for simple inheritance files, as a rule, applications with a foreign element are submitted to the civil court of peace. Court; It evaluates foreign family records, the citizenship of the decedent and the applicable country law together. Also Inheritance Rights of Dual Citizens in Türkiye The issues explained in should be evaluated together with the concrete incident.

First Decision: Should You Apply to the Notary or the Court?

The most common mistake in the application of foreign heirs is to think that a certificate of inheritance can be obtained directly from the notary. If the inheritance certificate is requested by a foreigner or if the file contains a foreign element, the notary office cannot issue the document. Transfer of Inherited Real Estate in Türkiye to Foreign Heirs content explains other legal points related to this stage.

Therefore, if one of the following situations exists, an application should be made to the civil court of peace:

• One of the heirs is a foreign national,
• The deceased is a foreigner,
• Proof of family ties with foreign population records,
• Need to research the laws of more than one country,
• Using an inheritance certificate issued in a foreign country,
• There is a name, surname or kinship discrepancy between the documents.

It is not mandatory for all heirs to apply to the court together. One of the heirs, a legal representative or a lawyer with the appropriate power of attorney can initiate the process.

Where to Apply for a Certificate of Inheritance?

Requests for inheritance certificates containing foreign elements are heard in the civil court of peace. When determining the place of application, the last place of residence of the testator in Türkiye and the location of the goods belonging to the estate are taken into consideration.

If the testator has no residence in Türkiye, it may be possible to apply to the court in Türkiye where the real estate, bank account or other estate assets are located.

The application is an uncontested judicial proceeding. However, if there is a serious dispute regarding the identity or shares of the heirs, it may be necessary to file a contested lawsuit.

File Preparation Checklist

Fast progress of the foreign heir file depends on the complete submission of official documents showing family ties. Although the court may request different documents in each file, the basic documents are as follows:

• Death certificate of the testator,
• Passport and identity records of the testator,
• Passports of the applicant heirs,
• Birth and marriage certificates,
• Family or civil registry copy,
• Divorce and custody decisions,
• Death certificates of family members who died before the testator,
• Adoption or paternity records,
• Will and inheritance agreement, if any,
• Deed, bank or company documents showing assets in Türkiye,
• Power of attorney if following with a lawyer.

Documents proving that a person is not an heir are also important. For example, it must be disclosed with appropriate official records that the previous marriage ended in divorce or that an heir died before the deceased.

How is Apostille and Turkish Translation Done?

Documents received from a foreign country may not be used directly in Türkiye. Depending on the country where the document is issued, an apostille annotation or Turkish consulate certification is required.

The apostilled or certified document must then be translated into Turkish by a sworn translator and the necessary notary approval must be completed. Bilateral agreements with some countries may provide for a different approval method.

In particular, the following information must be consistent in the documents:

• First name and surname,
• Date and place of birth,
• Mother and father information,
• Passport number,
• Marriage and divorce dates.

The name of the same person may be written differently in documents in translations made from different alphabets. If this difference is not explained, the court may request additional documents, a name equivalence certificate or an expert examination.

How Does the Process Proceed If the Inheritor is a Turkish Citizen?

When the testator is a Turkish citizen and one of the heirs is a foreigner, the legal order of inheritance is generally determined according to the Turkish Civil Code. A foreign spouse, child or other family member does not lose their right to inherit solely because of their citizenship.

However, it is possible for the foreign heir not to appear in Turkish population records. In this case, marriage, birth and family records must be brought from a foreign country and submitted to the court.

Which law applies if the testator is a foreigner?

If the testator is a foreigner, the inheritance is, as a rule, subject to the national law of the deceased. The court may need to investigate the identity of the legal heirs and their shares according to the law of the foreign country.

However, Turkish law applies to immovable properties located in Türkiye. For this reason, both the foreign country's inheritance rules and Turkish real estate and inheritance law may come to the fore in the foreign decedent's file.

The court investigates the content of foreign law on its own. Parties may also be asked to submit a foreign legislation text, official legal letter or expert opinion.

How Does the Application Process Proceed in Court?

1. The application petition and existing documents are submitted to the civil court of peace.
2. The court examines death and family records.
3. If necessary, the content of foreign country law is investigated.
4. The applicant is given time to complete the missing documents.
5. The identity and shares of the heirs are determined.
6. An inheritance certificate is issued and given to the applicant.

Foreign legal research, waiting for documents from a foreign country, or discrepancies in family records may prolong the process. For this reason, there is no definitive completion time for the inheritance decree that can be applied to all files.

Is an Inheritance Certificate Received from a Foreign Country Sufficient?

An inheritance certificate obtained from a foreign authority cannot always be used directly in title deed transactions in Türkiye. In the real estate transfer transactions of foreign real persons, inheritance documents issued by the courts of the Republic of Türkiye or approved by Turkish courts after being received from the foreign authority are used. About the relevant aspect of the process Deed Transfer and Inheritance Law Process for Foreign Heirs There is detailed information on the page.

If the foreign document is a court decision, recognition may be on the agenda. If the document is prepared by a foreign notary or administrative authority, the method to be applied is determined separately according to the nature of the document.

In practice, especially if there is real estate in Türkiye, it may be more functional to obtain an inheritance certificate directly from the Turkish civil court of peace.

What to Do If There is an Error in the Certificate of Inheritance?

The certificate of inheritance is not a final judgment. An heir may not be shown in the document, a person who is not an heir may be added, or the share rates may be calculated incorrectly.

The invalidity of the document can be claimed at any time. An application may be made to the court to cancel the faulty document and issue a new inheritance certificate showing the correct heirs.

Especially children appearing later in foreign family records, previous marriages and the use of different surnames may require correction of the inheritance certificate.

What to Do After Receiving the Certificate of Inheritance?

The inheritance certificate alone does not complete the inheritance process. After the document is received, the following operations can be carried out depending on the type of inheritance:

• Filing of inheritance and transfer tax return,
• Transfer of immovable properties in the name of heirs in the title deed,
• Researching bank accounts and paying inheritance shares,
• Transfer of vehicles in the name of heirs,
• Recording of company shares in the trade registry,
• Sharing of inheritance or elimination of partnership.

The inheritance of property in Türkiye may be within the scope of inheritance and transfer tax, regardless of the citizenship of the heirs.

Common Issues That Delay Application

• No apostille on the foreign death certificate,
• Providing only part of family records,
• Children from previous marriages are not shown in the file,
• There is a name difference in passport and civil registration records,
• Foreign inheritance certificate is considered to be directly valid in Türkiye,
• The power of attorney does not contain sufficient authority for inheritance transactions,
• Failure to submit documentation regarding the applicable foreign law.

Declaration of Inheritance with Short Answers

Can a foreign heir obtain a certificate of inheritance from a notary?

Notarization cannot be used in requests for inheritance certificates that contain foreign elements; An application must be made to the civil court of peace.

Do all heirs need to apply?

No. It is sufficient for one of the heirs or their authorized representative to apply.

Does the foreign heir have to come to Türkiye?

Application can be made through a lawyer with the appropriate power of attorney. If the court deems it necessary, it may request a personal statement or additional action.

Is there a certain period of time to obtain a certificate of inheritance?

There is no general limitation period for requesting an inheritance certificate. However, tax, inheritance rejection and some inheritance cases are subject to separate periods.

Is the deed of inheritance in a foreign country valid in the title deed?

May not be directly applicable. The document may need to be approved by the Turkish court or a new inheritance certificate may need to be obtained in Türkiye.

Does the certificate of inheritance automatically divide the inheritance assets?

No. The document only shows the heirs and their shares. Title deed transfer, tax and sharing procedures must be carried out separately.

Legal information: This content has been prepared for general information purposes. Required documents and applicable law; It may vary depending on the citizenship of the testator, the status of the heirs, the type of assets and the country where the documents are issued.