Can Foreign National Inherit in Turkey?
Foreign nationals have the legal right to inherit assets in Turkey. This includes both movable assets (for example, money, vehicles, and personal belongings) and immovable assets (such as real estate). Being a foreigner does not necessarily mean that a person will not have the status of an heir; however, the inheritance process requires fulfilling certain legal procedures in Turkey.
A very major step within this process is the acquisition of a Certificate of Inheritance from the courts in Turkey. This document is an official assertion of the validity of a claim that a foreign heir is entitled to the assets of the deceased. Without this instrument, foreign heirs cannot register realty under their names or have access to financial asset privileges or other inheritance rights.
Which Law Applies to Inheritance in Turkey?Inheritance issues regarding foreign nationals shall in principle be under the provisions of Law No. 5718 on International Private and Procedural Law (IPPL). The applicable law will primarily depend on the intrinsic nature and localization of the inherited assets:
Immovable Property (Real Estate): By Turkish laws real estates are concerned directly all over Turkey in terms of nationality of the deceased or the heirs.
Movable Possessions such as money, vehicles, and personal property: Movable assets are governed by the national law of the deceased; hence their movements would be different according to which country the deceased was originally domiciled under.
Wills: Testamentary dispositions, e.g., wills, are under applicable either the home national law of the deceased or the accordingly law one of the country where the will has been made when it meets the requirements for its validity as specified in Article 7 of Law No. 5718.
Inheritance of Movable Assets by Foreign NationalsWhen the deceased is a foreign national, movable assets are inherited according to the deceased’s national law at the time of death. Movable assets include financial accounts, vehicles, and other personal belongings.
If the deceased and foreign heirs is not registered in the Turkish population records, in addition to that, legal documentation proving the heir's relationship to the deceased is required. These documents such as court decisions and population registry certificates are usually issued by authorities from the deceased's country. They need not be notarized, translated into Turkish, and apostilled to be valid in Turkish courts.
In matters of personal property of the deceased foreign individual, at the time of his or her death, the law of the deceased person's country applies. Personal property will include financial accounts, vehicles, and personal effects.
Foreign heirs or the deceased not registered in Turkish population records should now produce legal documentation that proves the relationship of the heir with the deceased. Such documents, usually by authorities from the home country of the deceased (e.g., court rulings, population registry certificates) need to be apostilled, translated in Turkish, and authenticated by notary public for being admissible in Turkish courts.
Indeed, it should be noted that these foreign-issued documents are not automatically enforceable in Turkey. Final judgments given by foreign courts can be recognized and executed in Turkey while other documents, like registry certificates which only qualify as evidence in Turkish courts when applied for a Certificate of Inheritance.
Inheritance of Turkish Private Property by Foreign Nationals
If the deceased was a Turkish citizen and the heirs are foreign nationals, then both movable and immovable property will be subject to Turkish law.
Heritage heirs: National Population Registries in Turkey are also automatically recognized as heirs under the inheritance laws of Turkey.
Unregistered heirs: Unregistered heirs must apply through the Turkish courts to obtain a Certificate of Inheritance, which requires proof of their relationship to the deceased.
Can Foreign Heirs Inherit Real Estate in Turkey?
Such a foreign heir can inherit real property located in Turkey only if those foreign citizens are from a country specified in a Presidential Decree. This decree also identifies foreign persons who may acquire property by inheritance in Turkey.
Foreign Nationals Eligible: In the case the descendant came from a nation that has been mentioned in the Presidential Decree; thus, he or she may inherit with real estate registered to him or her.
Foreign Nationals Not Eligible: Foreigner nationals that do not belong to the countries inserted in the decree cannot inherit land but can claim proceeds of a sale.
Restrictions on Real Estate Inheritance for Foreign NationalsThe Land Registry Law (Article 35) includes specific limitations on foreigners for either inheritance or acquisition of real property within Turkey:
Foreign heirs must be from a country that has a reciprocal property rights recognition with Turkey.
The ownership by foreign nationals in a single district shall not exceed 10% of the private land area or a maximum of 30 hectares per individual in the whole country.
Real estate does not belong to ineligible foreign nationals and must be sold with proceeds distributed to the heirs.
Navigating Movable and Immovable Asset InheritanceThese are the dissimilar rules about movable and immovable assets:
Movable Assets: The applicable law is that of the deceased's national law and requires heirs to prove their relationship by legal documents.
Immovable Assets: Real estate in Turkey falls under Turkish law. Suitability for inheriting real estate by foreign heirs must be fulfilled.
Jurisdiction in Inheritance DisputesInheritance disagreements among foreign nationals are subject to the purview of Turkish courts, as provided in article 43 of Law No. 5718:
The relevant Civil Court of Peace (Sulh Hukuk Mahkemesi) in that location handles cases involving inheritances where the deceased's last residence was located in Turkey.
For cases where the last residence of the deceased was outside Turkey, jurisdiction is determined by the place where the relevant assets were located in Turkey.
Such proprietary property or immovable property lies under exclusive jurisdiction. Turkish courts will have exclusive authority to determine disputes regarding real estate located in Turkey, and such agreements are void regarding foreign jurisdiction.
Proof of Inheritance and Required DocumentationIn order to acquire a Certificate of Inheritance, foreign heirs need to prove their legal relationship with the deceased. Acceptable documents include the following:
Records from a population register/comparable documents that prove the family link.
Death certificates and all other relevant official documents translated, notarized, and apostilled.
Rulings or registry certificates from foreign courts that provide evidence but need further judicial processing for Turkey.
Function of the Inheritance Certificate
The Inheritance Certificate is a legal document dispensed by the Turkish Civil Courts of Peace, pointing out the existence and shares of heirs. Such certificate matters for:
Title registration of properties.
Access to financial accounts or movable assets.
Exercise other rights over the estate of the deceased.
Represents Foreign Inheritance Legal Service
Foreign inheritance can become quite complicated because of the intertwining of jurisdictions, which aggravates matters even more due to the limited acquisition of deeds. CCS Law provides full-fledged legal support with respect to each individual case that addresses the international heirs solicitously.
Our solicitors here to help clients with all steps, starting from obtaining Certificates of Inheritance to dealing with restrictions on a person's acquisition of property. We promise full compliance with Turkish law, ensure protection of your benefits, and provide guidance through the legality associated with inheritance cases.
Please visit our Contact Page for more information and personalized assistance. Let our experienced team help you secure exactly what deserves inheriting with precision and care.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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