Practice area
Cross-Border Inheritance
Certificates of inheritance, recognition and enforcement of foreign decisions and transfer of title for estates with property in Türkiye.
Scope
Where the deceased or the heirs are foreign nationals, or the estate includes assets in several countries, the applicable law is determined under the Turkish Code on Private International and Procedural Law No. 5718. As a general rule, Turkish law applies to immovable property located in Türkiye. Our firm usually handles the Turkish formalities of heirs living abroad under a power of attorney.
- Obtaining a Turkish certificate of inheritance
- Recognition and enforcement of foreign court decisions and certificates of inheritance
- Registration of property in Türkiye in the names of the heirs
- Coordination of inheritance and transfer tax returns
- General information on wills and other dispositions upon death
- Disputes over division of the estate and partition of co-owned property
Process
How it generally works
- Identifying the estate
The deceased’s property, bank accounts and other assets in Türkiye are identified.
- Preparing documents
Foreign documents such as the death certificate and civil status records are prepared with an apostille and a notarised translation.
- Establishing heirship
A Turkish certificate of inheritance is obtained, or proceedings are brought for recognition or enforcement of the foreign document.
- Tax and land registry
Once the inheritance and transfer tax return has been filed, the transfer is registered at the land registry office.
- Division or sale
Depending on the heirs’ wishes, division, sale or partition proceedings are handled.
- Death certificate of the deceased (apostilled and translated)
- Civil status or family records showing the heirs
- Any foreign court decision or certificate of inheritance
- Any will
- Title deed records of the properties
- Passports and Turkish tax identification numbers of the heirs
- Power of attorney for the formalities in Türkiye
Questions
Lawyers working in this area
- Av. İpek Yazganoğlu · TR EN RU
- Av. Burak Tülümen · TR EN
Can a certificate of inheritance issued abroad be used directly in Türkiye?
In most cases, a foreign court decision or official document needs a recognition or enforcement judgment before it can be relied on at the land registry. In some situations, obtaining a fresh Turkish certificate of inheritance may be more practical. The appropriate route depends on the nature of the document and the country concerned.
Which country’s inheritance law applies to property in Türkiye?
Under Law No. 5718, Turkish law generally applies to immovable property located in Türkiye. Different connecting factors may apply to movable assets and other matters. The estate should therefore be assessed as a whole.
Do the heirs need to travel to Türkiye?
In most cases the formalities can be completed under a power of attorney without the heirs travelling to Türkiye. The power of attorney may be executed at a Turkish consulate or before a local notary with an apostille. Its scope should be drafted carefully according to the steps to be taken.
This content is for general information only and does not constitute legal advice.
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