The loss of a relative who owns assets in Turkey brings not only an emotional journey but also complex legal procedures for foreigners. This guide is prepared to help you understand your rights as a foreigner and learn the fundamental steps you need to take in the Turkish inheritance process.
Inheritance procedures involving foreign elements in Turkey are not governed by a single statute, but lie at the intersection of multiple legal frameworks including the Code on International Private and Civil Procedure Law (IPPL), the Turkish Civil Code, and the Land Registry Law. The most distinctive feature of this process is the simultaneous application of two different legal systems depending on the nature of the inherited assets.
The Fundamental Rule: Governing Law Based on Asset Type
The primary Turkish statute governing cross-border inheritance (IPPL) divides inherited estate into two categories and stipulates that the national law of a different country applies to each. This “dual-law succession” principle is the most critical aspect of the entire process.
Immovable Property (Real Estate, Land, etc.): Regardless of the nationality of the deceased (decedent) or the heirs, all real estate located within the borders of Turkey is exclusively subject to Turkish Law.
Movable Property (Bank Accounts, Vehicles, etc.): For movable assets such as bank deposits in Turkey, motor vehicles, company shares, or personal effects, the national law of the country of which the deceased was a citizen shall apply.
First Step: Certificate of Inheritance (Veraset İlamı)
The first and essential step to initiate succession proceedings in Turkey is to obtain an official “Certificate of Inheritance” (Veraset İlamı), which formally establishes who the legal heirs are and their respective inheritance shares. Without this document, heirs cannot access bank accounts or execute title deed transfers. Where either the deceased or any heir is a foreign national, this certificate must mandatorily be obtained from the Turkish Civil Courts of Peace (Sulh Hukuk Mahkemeleri).
Validity of Foreign Documents: Apostille and Sworn Translation
Official records brought from your home country (such as death certificates, birth records, and family registers) must possess international validity to be admissible before Turkish courts. All such documents must be translated into Turkish by a sworn translator, notarized, and bear an “Apostille certification” under the Hague Convention or be legalized by the competent Turkish Consulate.
Foreigners' Real Estate Inheritance and Statutory Restrictions
The acquisition of immovable property in Turkey by foreign nationals through inheritance is subject to stringent restrictions stipulated in the Land Registry Law. Even if you are a recognized statutory heir, you may be restricted from taking direct ownership of the property due to nationality quotas or military security zones. In such circumstances, while direct ownership cannot be transferred, you are legally entitled to request the liquidation (sale) of the property and the payout of its monetary proceeds.
Wills and Renunciation of Inheritance
Foreign Wills: A testament or will executed by the deceased in their home country does not automatically take effect in Turkey. For it to be legally enforceable, a separate “recognition and enforcement” (tanıma ve tenfiz) action must be filed before Turkish courts.
Renunciation of Inheritance (Disclaimer of Estate): If the debts of the deceased exceed the estate's assets, heirs have the legal right to renounce the inheritance. However, under the Turkish Civil Code, there is a strict three-month statutory window from the date you learned of the death to officially disclaim the inheritance. This period is a forfeiture of rights (hak düşürücü süre).
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute formal legal advice. Cross-border succession proceedings involve unique complexities, and seeking qualified counsel from an attorney experienced in Turkish inheritance law is strongly recommended for your specific situation.