Inheritance Law

Do Foreigners Have the Right to Inherit in Türkiye?

There is no regulation generally preventing foreign nationals from becoming heirs in Türkiye. Even if a person is not a Turkish citizen, he may have rights on an asset in Türkiye as a legal heir, appointed heir or testamentary creditor. However, when determining the scope of the inheritance right, the citizenship of the testator, the nature of the assets and the country where they are located are taken into account.

One of the basic regulations in inheritance relations with a foreign element is the Law No. 5718 on Private International Law and Procedural Law. As a general rule, inheritance is subject to the national law of the deceased. On the other hand, Turkish law applies to immovable properties located within the borders of Türkiye. For this reason, assets such as bank accounts, movable goods or receivables and immovable properties such as residences, land, workplaces and fields in Türkiye may not be subject to the same legal rules.

Does the citizenship of a foreign heir affect his right to inheritance?

The fact that the heir is a foreign national does not by itself eliminate the title of heir. However, when registering an inherited real estate in the name of a foreign heir, the restrictions regarding the country, region, area, and nature of the real estate in the Land Registry Law can be examined. Even if the foreign heir has gained the right to inherit, in special cases where he is not allowed to keep the real estate for a long time, the disposal or liquidation of the real estate may come to the agenda.

Therefore, "Can foreigners become heirs in Türkiye?" Although the question can generally be answered positively, the applicable law, inheritance documents and special limitations regarding assets must be evaluated together in order to actually receive the inheritance.

Inheritance Cases of Foreign Nationals in Türkiye

Inheritance disputes in which foreign nationals are parties may cover different types of cases, from determination of inheritance status to sharing of immovable properties. Failure to determine the foreign testator's assets in Türkiye, hiding some heirs, the validity of a will drawn up in a foreign country, or failure to reach an agreement on inheritance shares may require filing a lawsuit.

Main inheritance cases with foreign elements

• Cases regarding obtaining or canceling an inheritance certificate,
• Requests for the determination and protection of the estate,
• Opening the will and reading it to the relevant parties,
• Cancellation of will cases,
• Tenkis cases,
• Deed cancellation and registration cases based on the allegation of smuggling property from inheritance,
• Appropriation cases due to inheritance,
• Cases for sharing the inheritance and dissolution of partnership,
• Disputes regarding inheritance status or inheritance shares.

It is important to correctly determine the competent court in inheritance cases with foreign elements. If the testator's last place of residence is in Türkiye, cases regarding inheritance are generally heard in the court of this place. For people who do not have their last place of residence in Türkiye, the court of the place where the goods included in the estate are located may have jurisdiction.

When it is necessary to apply the law of a foreign country during the case, the court may investigate the content of the relevant foreign law rules. Parties may also be asked to assist in the determination of foreign law provisions and official documents. Therefore, merely presenting a translated document is not always sufficient; It must also be demonstrated that the document was received from the competent authority and is legally valid.

Limiting periods and statute of limitations in inheritance cases may vary depending on the type of case. Requests for cancellation of the will, reduction, compensation due to inheritance or cancellation of title deed are not subject to the same periods. For this reason, when a dispute arises, the type of case and deadlines should be evaluated without delay according to the concrete event.

Inheritance Process of Foreigners Who Own Real Estate in Türkiye

In case of death of a foreigner who owns a house, land, field, workplace or other immovable property in Türkiye, the inheritance process begins with the receipt of the death certificate. Then, the identity of the heirs, the citizenship status of the testator, whether there is an existing will, and the title deed information of the real estate are investigated.

Basic stages that can be followed in real estate inheritance

1. Providing death registration and death certificate: In order for a death certificate issued abroad to be used in Türkiye, apostille or consular certification and a Turkish translation may be required.
2. Determination of heirs: Population and family records showing the deceased's spouse, children, parents and other family members are collected.
3. Determining the applicable law: The national law of the inheritor and the application of Turkish law in terms of immovable properties in Türkiye are evaluated together.
4. Obtaining the inheritance certificate: A usable certificate of inheritance is obtained in Türkiye.
5. Execution of tax transactions: The necessary procedures regarding inheritance and transfer tax declaration and municipal records of the real estate are completed.
6. Transfer of title deed: The real estate is registered in the name of the heirs in line with their inheritance shares.
7. Sharing or selling: Heirs can use the real estate together, share it or sell it when the necessary conditions are met.

In case there is a lien, mortgage, usufruct, family residence annotation or any other restriction in the title deed record of the real estate, these records retain their importance along with the inheritance. Transfer of inheritance does not automatically eliminate existing debts and restrictions on real estate. Do Foreigners Have the Right to Inherit in Türkiye? content explains other legal points related to this stage.

In addition, inheritance does not consist only of active assets. The decedent's debts, tax liabilities and real estate-related expenses may also be part of the estate. If there is a possibility of a bankrupt inheritance, it is important to make a legal evaluation before any deadlines regarding the acceptance or rejection of the inheritance.

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

The deed of inheritance, or also known as the inheritance certificate, is an official document showing who the heirs of the deceased are and their inheritance shares. A certificate of inheritance is generally needed for access to bank accounts, title deed transfer, vehicle transfer, transfer of company shares and tax transactions. Also Inheritance Procedures for Foreigners Deceased in Türkiye The issues explained in should be evaluated together with the concrete incident.

In Türkiye, the inheritance certificate can be obtained from the civil court of peace or, if the conditions are appropriate, from the notary public. However, in cases where the testator or heirs are foreign nationals, the records are located abroad, foreign law is investigated, or the line of descent needs to be proven with foreign documents, applying to the civil court of peace becomes an issue more frequently.

Documents that may be requested from foreign heirs

• Death certificate of the deceased,
• Passport or foreign identity information of the deceased,
• Passport and identity documents of the heirs,
• Birth records and family population records,
• Marriage certificate or official records showing the status of the spouse,
• Divorce, adoption or lineage decisions, if any,
• Will or inheritance agreement, if any,
• Information regarding real estate or other assets in Türkiye,
• Duly drawn up power of attorney.

Official documents issued in foreign countries may require apostille or consular certification, depending on whether the country where the document is issued is a party to international conventions. The documents may also be requested to be translated into Turkish by a sworn translator and notarized.

Is an inheritance certificate obtained from a foreign country valid in Türkiye?

An inheritance certificate issued in a foreign country should not be considered directly usable in all transactions in Türkiye. Especially in terms of title deed transfer, the compliance of the inheritance certificate issued by foreign authorities with the inheritance procedure in Turkish law may be required to be certified by Turkish courts. It should also be examined whether the concrete document is a court decision, administrative document or notary document.

Situations such as names written in different alphabets, surname change after marriage, date of birth conflict or multiple citizenships may make it difficult to obtain an inheritance certificate. Detecting the differences between the documents before the application helps prevent the issuance of incomplete or incorrect inheritance certificates.

Inheritance Sharing for Foreigners' Assets in Türkiye

Before sharing the inheritance, all assets and debts included in the estate must be determined as completely as possible. Inheritance in Türkiye may not only consist of immovable properties registered in the title deed. Bank accounts, vehicles, company shares, rental receivables, commercial enterprises, securities, intellectual property rights and ongoing lawsuits or enforcement files may also be included in the estate.

Why is the determination of the estate important?

Sharing of assets without determining all of them may cause some heirs to lose their rights or cause new disputes to arise later. If it is suspected that the testator has a bank account or real estate in Türkiye, but detailed information cannot be obtained, it may be requested through the court to determine the estate and write a warrant to the necessary institutions.

If the testator is married, the liquidation of the property regime between the spouses may also be on the agenda before sharing the inheritance. The surviving spouse's receivables arising from the property regime and his share of the inheritance are not the same legal right. First of all, the property regime relationship between the spouses and then the remaining estate may need to be evaluated according to the inheritance provisions.

Contracted inheritance sharing

If all the heirs can agree, the assets can be shared with a sharing agreement. However, in agreements involving the transfer of real estate, formalities must be complied with and title deed transactions must be completed. Even if the heirs only agree verbally among themselves, the ownership status of the real estate does not officially change unless the title deed record is changed.

What happens if no agreement is reached?

If one of the heirs does not accept the sharing or if an agreement cannot be reached as to to whom the real estate will be left, a lawsuit can be filed to share the inheritance or dissolve the partnership. If it is not possible to divide the real estate exactly, the elimination of the partnership through sale may be on the agenda. The proceeds from the sale are distributed according to the shares of the heirs.

It is possible for foreign heirs to carry out the sharing process without coming to Türkiye. For this purpose, a power of attorney valid in Türkiye, clearly covering the transactions to be performed and duly drawn up, must be prepared.

Inheritance Procedures for Foreigners Deceased in Türkiye

The fact that a foreigner dies in Türkiye does not mean that Turkish law will automatically apply to all the assets he leaves behind. The place of death, the citizenship of the deceased, the last place of residence and the country where the goods are located are evaluated together.

Recording the death that occurred in Türkiye in the relevant population and health records, obtaining the official death certificate and, when necessary, notifying the consulate of the country of which the person is a citizen are among the first stages of the process. The deceased's passport information, foreign identification number and address records in Türkiye can be used in subsequent transactions.

How are the assets of a foreigner who died in Türkiye investigated?

Heirs should first try to determine the title deed information, bank accounts, vehicles and company partnerships of known real estate. If asset information cannot be accessed directly, an application can be made to the relevant institutions or the court can be requested to investigate the estate after the inheritance certificate is obtained.

If the testator has a real estate rented in Türkiye, rental agreements, deposits, rental receivables and expenses related to the real estate are also included in the estate. Heirs may need to keep track of taxes, dues, insurance and maintenance expenses until they inherit the real estate.

The courts of these places may have jurisdiction in cases regarding the inheritance of foreigners who have their last place of residence in Türkiye. If there is no final place of residence in Türkiye, it may be possible to take action through the court of the place where the estate assets are located in Türkiye.

Deed Transfer and Inheritance Law Process for Foreign Heirs

In order to transfer the immovable property acquired through inheritance to the name of the foreign heir, a transfer of inheritance must be made in the title deed. Receiving a certificate of inheritance does not mean that the property is automatically updated in the land registry. In order to register the real estate in the name of the heirs, an application must also be made to the Land Registry Directorate.

Documents that may be required for title deed transfer

• Passport or valid identification document belonging to the foreign heir,
• Inheritance certificate issued by the civil court of peace or notary public,
• Court certification required for the inheritance certificate obtained from a foreign country,
• Valid power of attorney if transactions will be made through representation,
• Compulsory earthquake insurance policy for buildings qualified real estate,
• Notarized Turkish translations when necessary,
• The island, parcel and independent section information of the real estate,
• Documents regarding relevant tax and municipal proceedings.

The application for inheritance transfer can be initiated through the Web Title Deed system or by applying to the relevant Land Registry Directorate. Although one of the heirs can apply with the necessary documents, the participation of other heirs or representation by proxy may be required in subsequent transactions such as sharing, sale or transition to joint ownership.

Can title deed transactions be carried out with a power of attorney issued abroad?

The foreign heir can give power of attorney to a lawyer or another representative before coming to Türkiye. The power of attorney must clearly cover the transactions to be carried out, such as obtaining an inheritance certificate, filing a lawsuit, transferring the title deed, sharing or selling. In powers of attorney issued abroad, apostille, consular certification and notarized Turkish translation requirements may come into play.

A sworn translator may be required in title deed transactions where heirs who do not speak Turkish participate in person. If an alphabet other than the Latin alphabet is used in the passport, it is also important to translate the identity information into Turkish correctly.

Can title deed be transferred without paying taxes?

The accrual and payment process of inheritance and transfer tax and the transfer of title deed are separate stages. Although the registration of the immovable property in the name of the heirs can be done in the name of the heirs within the scope of the conditions stipulated in the legislation, before the tax is paid in full, the tax registration may need to be completed in order to sell the immovable property or establish real rights on it later.

Since the transfer of inheritance is not a sales transaction, it is subject to different rules in terms of title deed fees. In return, revolving fund fee, translation, power of attorney, tax and other transaction expenses may occur. Current amounts are determined according to the tariffs on the application date.

Inheritance Rights of Dual Citizens in Türkiye

Which citizenship will be taken as basis in the inheritance transactions of people with dual or multiple citizenship is an important issue. If one of the citizenships of the person is Turkish, Turkish law is applied in cases where national law is taken as basis. For people who have citizenship of more than one foreign country but are not Turkish citizens, the law of the state with which the person is more closely related may be taken into consideration.

If the testator is both a Turkish citizen and a citizen of another country, the presence of only foreign citizenship information in documents in a foreign country may cause confusion in practice. Population records in Türkiye, foreign passports, name change documents and citizenship acquisition dates should be examined together.

The heir is a dual citizen

The heir's dual citizenship does not alone determine the law applicable to the inheritance. In general, the citizenship of the deceased and the location of his assets are taken into account. However, the fact that the heir has Turkish citizenship may affect whether some restrictions will be applied to foreigners in terms of acquiring real estate in Türkiye through title deed.

Dual citizens using different names or surnames in different countries may also cause problems in inheritance deeds and title deed transactions. It may be necessary to prove that the people in the documents are the same person with a name equivalence certificate, population records or court decision.

Is it possible for foreigners to make a will in Türkiye?

It is possible for foreign nationals to make a will in Türkiye. Will in Turkish law; It can be drawn up as an official will, a handwritten will, or an oral will in extraordinary circumstances specified by law. However, in inheritances with foreign elements, the form of the document, the capacity to make a will and the substantive validity of the will may be subject to different laws.

The form of death-related disposition within the scope of private international law rules can be evaluated within the framework of the law of the country where the transaction is made or the law specified by the relevant conflict of laws rules. A will prepared by the testator in accordance with his own national law may also be considered valid. In terms of the capacity to make a will, the national law at the time the will was made is important.

Which type of will is safer for foreigners?

For people who have assets in more than one country, an official will may be a safer option in terms of proof and document protection. When preparing an official will, it is important to clearly state the will of the testator, provide complete identification information, and use a translator when necessary.

Including clear title deed information of immovable properties in Türkiye, bank accounts, company shares and identity information of the heirs in the will may reduce interpretation disputes that may arise later. However, it should also be evaluated whether the will violates the reserved shares of the heirs or the mandatory provisions regarding immovable properties in Türkiye.

How can a will prepared abroad be used in Türkiye?

A will prepared abroad may need to be translated into Turkish with apostille or consular certification. In order for the will to be opened in Türkiye, read to the relevant parties and used for the transfer of immovable properties, it may be possible to take action before the Turkish courts.

It is not sufficient to submit only a notarized translation of the foreign will to the land registry in all cases. The nature of the will, the law of the country where it was drawn up, whether there is a finalized foreign court decision, and the type of assets in Türkiye should be examined together.

Transfer of Inherited Real Estate in Türkiye to Foreign Heirs

Transferring an inherited real estate in Türkiye to the name of a foreign heir is possible by officially proving the inheritance status and completing the transfer process in the land registry. The fact that the foreign heir lives abroad does not prevent the transaction from being carried out. The process can be followed from Türkiye through a proper power of attorney. In connection with this topic Transfer of Inherited Real Estate in Türkiye to Foreign Heirs You can also review the content titled .

The path to be followed in real estate transfer

1. The death certificate of the deceased is obtained.
2. Family and lineage documents of the heirs are prepared.
3. Foreign documents are subject to apostille or consular certification.
4. Notarized Turkish translations of the documents are prepared.
5. An inheritance certificate valid in Türkiye is obtained.
6. Necessary procedures are carried out in terms of inheritance and transfer tax declaration.
7. Transfer application is made through Web Land Registry or the Land Registry Directorate.
8. The immovable property is registered in the name of the heirs in line with their inheritance shares.

The Land Registry Directorate may review the acquisition conditions in terms of the citizenship of the foreign heir and the region where the real estate is located. If the immovable property is located in an area closed to foreigners or if there is a legal restriction that prevents the heir from keeping the immovable property permanently, the immovable property may need to be disposed of or liquidated.

If the heirs want to sell the real estate, the real estate must first be transferred to the name of the heirs. Without transfer, the sale of real estate registered directly in the name of the deceased cannot be carried out. After the transfer, all heirs can sell together or transfer their inheritance shares to each other if the conditions are met.

If real estate is inherited by more than one heir, the transfer can initially be made on the basis of joint ownership. It may be possible to transfer to shared ownership upon the request of the heirs, notification method or court decision. Switching to shared ownership ensures that each heir's share is shown separately in the land registry.