An overview of the applicable law, certificates of inheritance, wills and land registry steps when property in Türkiye passes to a foreign national’s heirs.
The death of a foreign national who owns a holiday home or flat in Türkiye often starts a process in which the law of two countries comes into play at the same time. Which law applies, which documents will be accepted in Türkiye and how the land registry steps are completed are usually the first questions the heirs ask. This article provides a general framework; the circumstances of each estate need to be assessed separately.
Applicable law: where the property is located
The Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) provides that succession is, as a rule, governed by the national law of the deceased. For immovable property located in Türkiye, however, Turkish law applies. As a result, within a single estate, bank accounts and movable assets abroad may be governed by the deceased’s national law, while the property in Türkiye is governed by Turkish law.
The practical consequence is that, for the property in Türkiye, who the heirs are and the size of their shares are determined by the statutory succession and reserved share rules of Turkish succession law. Even if the rules of the deceased’s home country would produce a different outcome, Turkish rules are applied to the property in Türkiye.
Certificate of inheritance
A certificate of inheritance (veraset ilamı) is required to register the property in the names of the heirs. It can be obtained in Türkiye from a civil court of peace or, where the conditions are met, from a notary. Using a certificate of inheritance issued by a foreign court in Türkiye may in many cases require recognition or enforcement proceedings; having a certificate prepared under Turkish law for the property in Türkiye is therefore important.
The application usually involves preparing:
- The death certificate and, where required, an apostille and notarised translation
- Documents showing the identity of the deceased and the heirs and their family relationship
- Records affecting family status, such as marriage, divorce or adoption
- Title deed details and any will
Where there is a will
A will made in another country may be accepted as formally valid under the rules in MÖHUK. However, dispositions concerning the property in Türkiye must be compatible with the reserved share rules of Turkish law. Opening and enforcing a foreign will in Türkiye may require separate court proceedings. Foreign owners of property in Türkiye may wish to consider making a separate will for that property in a form that complies with Turkish law, which can simplify matters for their heirs.
Registration and taxes
Once the certificate of inheritance has been obtained, the transfer is registered at the land registry office. Before this, an inheritance and transfer tax return must be filed and any outstanding property tax checked. Heirs living abroad may handle these steps through a power of attorney granted from abroad. The heirs’ own position under the rules on property acquisition by foreign nationals may also need to be assessed.
In short
In the estate of a foreign national who owns property in Türkiye, Turkish law applies to that property. Registration in the heirs’ names requires a certificate of inheritance under Turkish law, official documents with apostille and translation, a tax return and, where needed, a power of attorney. Because of the interaction with the succession rules of the deceased’s home country, each file needs to be considered on its own documents.
This content is for general information only and does not constitute legal advice.