Inheritance Cases of Foreign Nationals in Turkey

It is possible for foreign nationals to become heirs in Türkiye, and it is also possible to file a lawsuit in Turkish courts to protect their right to inheritance. The real issue is not foreign citizenship; Which assets the dispute relates to, the citizenship of the testator and which type of case should be filed. In connection with this topic Inheritance Law You can also review the content titled .

Sharing an immovable property in Türkiye, denying inheritance, violating the share reserved by will, or transferring title deed for the purpose of smuggling property require different legal remedies. Choosing the wrong case type or the wrong court may cause the process to be prolonged and deadlines to be missed. Also Transfer of Inherited Real Estate in Türkiye to Foreign Heirs The issues explained in should be evaluated together with the concrete incident.

Which Inheritance Dispute Does Your File Fall Into?

Three Questions to Answer Before Inheritance Case

1. Which country's citizen was the testator?

In inheritance relations with a foreign element, inheritance is, as a rule, subject to the national law of the deceased. For this reason, the order of inheritance, the spouse's share and the rights of the children in the foreign decedent's country can be investigated. About the relevant aspect of the process Inheritance Rights of Dual Citizens in Türkiye There is detailed information on the page.

2. Where is the inherited property located?

Turkish law applies to immovable properties located in Türkiye. For bank accounts, company shares or movable property in Türkiye, the nature of the property and the national law of the inheritor can be evaluated together.

3. Is the request only for determination of inheritance or is it a contested case?

Getting an inheritance certificate is not the same as canceling another heir's title deed. The inheritance certificate shows the heirs and their shares; A separate lawsuit may be required to return the hidden property to the estate or to complete the hidden share.

Inheritance Certificate Case for Foreign Heirs

Foreign heirs usually need to obtain an inheritance certificate in order to carry out land registry, bank and company transactions in Türkiye. The document shows who the heirs are and their inheritance shares.

Notarization may not always be sufficient for files containing foreign elements. It may be necessary to examine foreign population records, investigate foreign law, or apply to the civil court of peace in case of a dispute between heirs.

If a person was left missing in the previously received inheritance certificate or the shares were calculated incorrectly, it may be requested to cancel the document and issue a new inheritance certificate.

What can be done if the goods in the estate are hidden?

One of the heirs can hide bank accounts, real estate, vehicles or company shares in Türkiye from other heirs. In such a case, an application can be made to the court for the determination and protection of the estate.

If a property belonging to the testator is unfairly in the hands of a third party, a claim for entitlement due to inheritance may come to the fore. It is important to investigate title deed, bank, trade registry, vehicle and enforcement records before the lawsuit.

If there is a possibility that the property will be sold or transferred, an interim injunction may be requested to prevent the transfer of the real estate until the end of the case. The decision to injunct is not automatic; The right and the urgent need for protection must be demonstrated with concrete evidence.

Cases That Can Be Filed Against the Will

If a foreign heir thinks that a will that has consequences in Türkiye is invalid, he can file an annulment lawsuit. Incompetence, mistake, deception, intimidation, coercion or failure to comply with legal formalities may be grounds for cancellation.

Even though the will is valid, if it violates the reserved share of the heir, it may be necessary to file a lawsuit for criticism instead of annulment. In the Tenkis case, the entire will is not eliminated; The portion exceeding the reserved share is reduced to the legal limit.

Since these cases are subject to limitation periods, the dates when the will was opened, the heir learned of the disposition, and the date of death should be examined together.

If the testator transferred his real estate to someone else

The testator may have presented his immovable property in Türkiye as a sale in the title deed, even though he actually donated it, in order to smuggle goods from the heirs. In this case, which is called "muris collusion" in practice, title deed cancellation and registration in proportion to the inheritance share may be requested.

The outcome of the case does not depend only on the sales price in the title deed. The financial situation of the testator, the buyer's ability to pay, family relations, the real value of the real estate and the real purpose of the transfer are evaluated together.

In real rights cases regarding real estate, the authority of the court where the real estate is located is important. It should not be thought that the real estate in Türkiye will be transferred directly by an inheritance decision in another country.

How to Share If the Heirs Cannot Agree?

If the heirs can agree on how the estate will be shared, a written sharing agreement can be drawn up. If an agreement cannot be reached, a lawsuit may be filed to share the inheritance or eliminate the partnership in certain properties.

If it is not possible to divide the real estate exactly, the court may decide to eliminate the partnership through sale. The sale price is distributed to the heirs in proportion to their shares. Inheritance Process of Foreigners Who Own Real Estate in Türkiye content explains other legal points related to this stage.

The fact that the foreign heir does not live in Türkiye or does not have a residence permit does not eliminate the right to share. The foreign heir can be represented in Türkiye through a power of attorney containing appropriate powers.

Which Court Has Jurisdiction in Türkiye?

Inheritance cases with a foreign element are heard in the court of the last place of residence of the testator in Türkiye. If the last place of residence of the testator is not in Türkiye, the court of the place where the goods included in the estate are located may have jurisdiction.

The jurisdiction varies depending on the type of case. In general, the civil court of peace in cases of inheritance certificate, protection of the estate and dissolution of partnership; The civil court of first instance may have jurisdiction in contentious cases such as criticism, cancellation of will and cancellation of title deed.

If there is real estate in more than one city or if the case concerns both inheritance and real estate ownership, the jurisdiction rules should be examined on a case-by-case basis.

How to Use Documents Received from a Foreign Country?

In foreign inheritance cases, records regarding death, birth, marriage and family relations are often obtained from foreign countries. In order for documents to be used in Türkiye, apostille or consular certification may be required, depending on the country.

Documents in a foreign language must be translated into Turkish by a sworn translator and the necessary notary approvals must be completed. If name, surname or date of birth differences in the documents are left unexplained, establishing an inheritance relationship may become difficult.

The court automatically investigates the content of the foreign law to be applied. However, the parties may be asked to submit the foreign country's inheritance legislation, expert opinion or official legal documents.

Is a Foreign Court Decision Valid in Türkiye?

A recognition decision may be required in order for the inheritance decision made in a foreign country to have the effect of final judgment or conclusive evidence in Türkiye. If the decision is to be enforced in Türkiye, the enforcement process comes to the fore.

In the application, a finalized and duly approved copy of the foreign court decision and its Turkish translation are submitted. In addition, in disputes regarding the real estate in Türkiye, the authority of Turkish courts and the application of Turkish law are also taken into account.

Can Guarantee Be Requested from a Foreign Plaintiff?

A foreign natural or legal person who files a lawsuit in Türkiye may be asked to provide collateral to cover the litigation expenses and possible damage to the other party.

If there is an international agreement providing reciprocity or exemption from guarantee between Türkiye and the country of which the foreigner is a citizen, the court may apply guarantee exemption. This issue should be checked separately according to the citizenship of the foreigner.

Can a Foreign Heir File a Lawsuit Without Coming to Türkiye?

The foreign heir can file a lawsuit and have his transactions followed through a lawyer in Türkiye with a properly prepared power of attorney. The power of attorney can be issued at the Turkish consulate or, after completing the necessary certification procedures, at the notary public of a foreign country.

Depending on the nature of the case, the court may require a personal statement from the heir. However, as a rule, it is not mandatory for the foreign heir to attend every hearing.

Frequently Asked Questions

Can a foreign person file an inheritance lawsuit in the Turkish court?

Yes. Foreign nationals can apply to Turkish courts to protect their inheritance rights in Türkiye.

Is a residence permit required for an inheritance case?

No. Lack of a residence permit in Türkiye does not eliminate the right to inheritance or the right to file a lawsuit.

Can a foreign inheritance certificate be used directly in Türkiye?

Not always. The document may need to be recognized, duly approved, or a separate inheritance certificate may need to be obtained in Türkiye.

Can the heir file a title deed lawsuit without coming to Türkiye?

Yes. It is possible to file a lawsuit through a lawyer with a valid power of attorney containing special powers.

Which country's inheritance law applies to real estate in Türkiye?

Turkish law applies to real estate located in Türkiye.

Can an interpreter be used in an inheritance case?

Yes. Foreign parties who do not speak Turkish can benefit from interpreter support during the trial and lawyer meetings.

Legal information: This content has been prepared for general information purposes. The court in charge of inheritance cases with foreign elements, the applicable law, the duration of the case and the required documents; It should be determined according to the type of case, the citizenship of the testator and the country where the assets are located.