Inheritance in Turkey: A Guide for Foreigners

The passing of a relative with assets in Turkey brings with it not only an emotional process but also complex legal procedures for foreigners. This guide has been prepared for foreign heirs to understand the inheritance process in Turkey from start to finish, to learn their legal rights and obligations, and to be prepared for the challenges they may face.

Inheritance processes involving a foreign element in Turkey are governed not by a single law, but by the intersection of several fundamental legal regulations, including the Code on Private International Law, the Turkish Civil Code, and the Land Registry Law.

The Fundamental Rule: Different Laws for Different Assets

The core principle governing inheritance for foreigners in Turkey (MÖHUK, Art. 20) separates the deceased's assets into two categories, specifying that a different country's law will apply to each. This "dual-law inheritance" principle is the most critical point of the process.

• Immovable Property (House, Land, etc.): Regardless of the nationality of the deceased or the heir, Turkish Law is exclusively applied to all real estate within the borders of Turkey.
• Movable Property (Bank Account, Vehicle, etc.): For movable assets, the law of the country of which the deceased was a citizen (their national law) is applied.

First Step: Obtaining the Certificate of Inheritance

The first and most fundamental step to initiate an inheritance process in Turkey is to obtain a "Certificate of Inheritance" (Veraset İlamı). Without this document, you cannot access bank accounts or transfer title deeds. When there is a foreign element involved, it is mandatory to obtain this certificate from the Turkish Courts of Peace (Sulh Hukuk Mahkemeleri).

Validity of Foreign Documents: Apostille and Translation

For official documents from your home country to be valid in Turkey for the Certificate of Inheritance lawsuit, they must have international recognition. All these documents must be translated into Turkish by a sworn translator, notarized, and either bear an "Apostille" stamp or be certified by the Turkish Consulate.

Inheritance of Real Estate by Foreigners and Restrictions

A foreigner's ability to inherit real estate in Turkey is subject to strict rules. Even if you are a legal heir, you may not be able to become the owner (malik) of the property. If you do not meet these conditions, you have the right to demand that the property be sold (liquidated) and the proceeds paid to you.

Wills and Renunciation of Inheritance

Foreign Wills: A will prepared in another country is not automatically valid in Turkey. For it to be enforced, a separate "recognition and enforcement" lawsuit must be filed.

Renunciation of Inheritance: You have the right to refuse an inheritance if the deceased's debts exceed their assets. Be careful: you have only three months from the time you learn of the death to renounce the inheritance. This is a forfeiture period.