Inheritance of property located in Turkey by foreign citizens is subject to specific regulations under private international law. Under Turkish Civil Law, inheritance issues are governed by the principle of reciprocity and national sovereignty over immovable assets.


1. The Law Applicable to Inheritance

According to the Turkish Private International and Procedural Law (Law No. 5718):

  • Movable Property: The national law of the deceased (de cujus) at the time of death governs movable assets (e.g., bank accounts, shares, vehicles).
  • Immovable Property (Real Estate): Turkish Law exclusively governs real estate located in Turkey. This means that even if the deceased was a foreign national, Turkish courts will apply Turkish inheritance rules and quotas to any apartments, villas, or land owned in Turkey.

2. Legal Successors and Quotas (Reserved Shares)

Turkish law protects the legal heirs through a system of "Reserved Shares" (Saklı Pay), which prevents the deceased from completely disinheriting their closest relatives. Legal heirs include:

  1. Children and Spouse: The spouse's share depends on the existence of other heirs (e.g., 1/4 if children exist, 1/2 if parents exist).
  2. Parents: If the deceased has no children.

3. Steps to Claim Inheritance in Turkey

Foreign heirs must follow a formal judicial process to transfer the title deeds or bank assets:

  • Obtaining a Certificate of Inheritance (Veraset İlamı): Heirs must apply to a Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) to obtain this certificate, proving their legal relationship and inheritance quotas.
  • Notarized Translation of Foreign Documents: Foreign death certificates, family registers, and marriage certificates must be apostilled in the home country, translated into Turkish, and notarized.
  • Tax Clearance & Transfer: Heirs must pay the Inheritance and Transfer Tax (Veraset ve İntikal Vergisi) and obtain a tax clearance report before the Land Registry Office (Tapu) transfers the title deeds to their names.

For expert legal guidance in cross-border inheritance disputes, you may contact our office.



Frequently Asked Questions (FAQ)

How does Inheritance Law Work for Foreigners in Turkey?

  1. Real Estate Rule: Turkish Law always governs real estate in Turkey, regardless of nationality.
  2. Certificate of Inheritance: Heirs must apply to a Turkish Civil Court of Peace.
  3. Apostille & Translation: Foreign family records and death certificates must be apostilled and translated.
  4. Tax Clearance: Pay the inheritance tax to transfer the title deeds.