Inheritance in Turkey for Foreigners: Rights and Title Deeds

When a foreigner leaves real estate in Turkey, the process for their heirs differs from the estate of a Turkish citizen at two points: working out which law applies, and which authority issues the certificate of inheritance. The sections below follow the order of the application: first the right, then the document, then the title deed and the deadlines.

Can a foreigner inherit property in Turkey?

Yes. There is no general ban on a foreign national acquiring assets in Turkey through inheritance, and citizenship alone does not take away the right to inherit. For real estate, acquisition takes place within the legal limits in Article 35 of the Tapu Kanunu (Land Registry Law) No. 2644. To change the land register record into the heirs' names, documents from Turkish authorities are required.

Who the heirs are is a separate question, decided by the conflict-of-laws rule below. Where Turkish law applies, the order of statutory heirs follows the framework set out in the article on the order of statutory heirs and the class system.

Which law applies to property in Turkey? MÖHUK Article 20

Turkish inheritance law applies to real estate located in Turkey. Article 20 of Law No. 5718, the Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun (Law on International Private and Procedural Law, MÖHUK), makes inheritance subject, as a rule, to the national law of the person who died. For immovable property located in Turkey, however, it says Turkish law applies. This means two different laws can apply to one estate: the apartment in Turkey is assessed under Turkish law, while the deceased's bank account in their home country is, as a rule, assessed under their national law.

In practice, disputes over the reserved share (saklı pay), abatement (tenkis) and division are decided under the rules of the Türk Medeni Kanunu (Turkish Civil Code) for the property in Turkey. A different share system in the deceased's country of citizenship does not change this.

Where do foreign heirs get a certificate of inheritance (veraset ilamı)?

From the civil court of peace (sulh hukuk mahkemesi). Article 71/B of the Noterlik Kanunu (Notaries Law) says notaries cannot issue a certificate of inheritance (mirasçılık belgesi, widely known as veraset ilamı) when a foreigner requests it. So the notary route that is normal for Turkish citizens is closed to a foreign heir. When there is a foreign element, civil registry records alone are not enough and a legal assessment is needed, the application has to be made to the court.

Four procedural points are clear:

• Competent court: the civil court of peace.
• Court location: An application for a certificate of inheritance is a non-contentious matter, and which court has territorial jurisdiction can be disputed, so this should be assessed separately before applying. MÖHUK Art. 43 gives jurisdiction over inheritance cases to the court of the deceased's last place of residence in Turkey or, if that was not in Turkey, to the court where the estate assets are located.
• Time limit: the law sets no deadline that would cause the right to be lost (hak düşürücü süre) for requesting a certificate of inheritance. However, renouncing the inheritance and filing the tax return do have deadlines.
• Starting point: for steps with a deadline, the clock starts either on the date of death or when the heir learns of the death and that they are an heir. These two dates may not be the same.

Using a foreign certificate of inheritance in Turkey

A certificate of inheritance issued abroad cannot be used directly in Turkey. Article 37 of the Land Registry Law says transfers by inheritance for foreign individuals are made on the basis of one of two documents: a certificate of inheritance issued by a court of the Republic of Turkey, or a certificate issued by their own competent authorities that a Turkish court has confirmed as meeting Turkish inheritance procedure. In other words, either a Turkish court confirms (tasdik) the foreign document you have, or you get a certificate of inheritance from a Turkish court instead.

The legal nature of this document is debated. Some legal scholars argue that a certificate of inheritance is not a final judgment and so cannot go through recognition and enforcement (tanıma–tenfiz) in the classical sense. In practice, the route may vary depending on the country that issued the document and what the land registry directorate (tapu müdürlüğü) asks for. Confirming the required route before you apply saves time.

Either way, foreign documents need two steps: an apostille if the issuing country is part of the apostille system, or consular legalisation if it is not; then a sworn translation and notarisation. The death certificate, civil registry and family records, and any will each go through these steps separately.

Transferring the title deed to heirs: steps and documents

Once the certificate of inheritance is obtained, the title deed transfer (tapu intikali) runs alongside the tax stage. The order is:

1. Making the death certificate and the foreign records that show the chain of heirs usable in Turkey through apostille, translation and notarisation.
2. Identifying the deceased's assets in Turkey: land registry records and any bank accounts or company shares.
3. Getting a certificate of inheritance from the civil court of peace, or asking for the foreign certificate to be confirmed under Article 37 of the Land Registry Law.
4. Filing the inheritance and transfer tax return and getting the tax clearance document (vergi ilişiği belgesi) needed for the land registry transaction.
5. Applying for the transfer (registration by inheritance) at the land registry directorate where the property is located.
6. Dividing the property after it is registered in the heirs' names: a partition agreement if the heirs agree, a lawsuit if they do not.

When the transfer is complete, the property is, as a rule, registered in the heirs' names as joint ownership (elbirliği mülkiyeti, a form of co-ownership in which the heirs act together). One heir cannot sell the property alone. How division works and how shares are calculated is a separate topic covered in the article on how an estate is divided.

Inheritance tax deadlines for foreign heirs and when they start

The deadline foreign heirs miss most often is not a court deadline but the tax filing deadline. Article 9 of the Veraset ve İntikal Vergisi Kanunu (Inheritance and Transfer Tax Law) sets different filing deadlines depending on where the death happened and where the heir is. The period starts on the day after the date of death.

These deadlines concern the tax obligation. Missing them does not take away heir status, but it leads to late-filing penalties. The deadline for renouncing the inheritance is different: missing it causes the right to be lost (hak düşürücü). The judge checks it on their own initiative, and it cannot be paused or interrupted. The limitation period (zamanaşımı), by contrast, must be raised as a defence and can be paused. Confusing the two leads to loss of rights. For an heir living abroad, which court the renunciation must reach and by when is critical, so the procedure for renouncing an inheritance should be assessed separately.

Can a foreign heir handle the inheritance without coming to Turkey?

Yes. The request for a certificate of inheritance, the tax filing and the title deed transfer can all be handled by a representative. The power of attorney (vekâletname) can be drawn up at the Turkish consulate in your country. Alternatively, it can be drawn up before a foreign notary, apostilled, and then translated and notarised in Turkey.

If the power of attorney is drafted too narrowly, the process stops at the land registry stage. The document should list each power separately: obtaining a certificate of inheritance, dealing with the tax office, making the transfer at the land registry and, if needed, filing lawsuits. Land registry directorates may add requirements about the form of the power of attorney, so it is sensible to confirm the scope before it is drawn up. For the general framework of status and permit procedures in Turkey, the map of foreigners' law procedures is a separate starting point.

Reciprocity and the limits in Article 35 of the Land Registry Law

Article 35 of the Land Registry Law was amended in 2012 by Law No. 6302. Since then, property purchases by foreign individuals depend on a list of countries set by the competent authority instead of on reciprocity. Under the article, the total area of property and of independent and permanent limited real rights acquired by foreign individuals cannot exceed ten percent of the privately owned area of a district, and cannot exceed thirty hectares per person across the country.

The article also provides for a sanction: property found to have been acquired in breach of these rules or used contrary to the purpose of acquisition is liquidated and converted into money, with the proceeds paid to the right holder, if the owner does not liquidate it within the period granted. The same sanction matters for inheritance: property acquired by inheritance outside the limits in the first paragraph is converted into money, with the proceeds paid to the right holder, if the owner does not liquidate it within a period of no more than one year set by the Ministry of Finance (Tapu Kanunu Art. 35, last paragraph). Because some areas require administrative permission depending on where the property is located, check the location before applying.

The article also sets a penalty. If property was acquired in breach of these rules, or is used for a purpose other than the one it was acquired for, the owner must sell it within the period given. If they do not, it is sold by the authorities and the proceeds are paid to the owner. Some zones also require administrative permission depending on where the property is, so check the location before applying.

If the death happened a long time ago, the effect of the rules in force when the succession opened must be assessed separately. This point is left to the discretion of the administration and the court and has no single answer.

Before you start collecting documents, pin down three facts: the date of death, the deceased's citizenship at the time of death, and the district where the property is located. These three facts decide the applicable law, which court to apply to, and whether the Article 35 limits apply. For other parts of the inheritance process, see the general framework of inheritance law procedures.