Inheritance and Wills in Türkiye

When a foreign national passes away owning real estate, bank accounts, or company shares in Türkiye—or when foreign heirs inherit assets from a relative in Alanya, Antalya, or elsewhere in the country—cross-border succession rules immediately come into play. Turkish estate administration is not automatic: transferring a Turkish title deed (Tapu) or releasing frozen bank funds requires a Turkish Certificate of Inheritance, foreign civil-status legalization, and formal tax clearance.

1. Step 1: Determine Applicable Law (Lex Rei Sitae vs. National Law)

Under Article 20 of the Turkish Private International and Procedural Law Act No. 5718 (MÖHUK), Turkish conflict-of-laws rules split an international estate by asset category:

Immovable Property (Real Estate) in Türkiye: Strictly governed by Turkish law (lex rei sitae), regardless of the deceased’s nationality, domicile, or what a foreign will states regarding forced heirship.
Movable Assets (Bank Accounts, Vehicles, Shares): Governed by the national law of the deceased at the time of death.

Furthermore, under the Turkish Civil Code (Law No. 4721), statutory heirs—children, spouse, and in certain configurations parents—enjoy protected reserved shares (Saklı Pay) in Turkish real estate that cannot be freely overridden without valid statutory grounds.

2. Step 2: Prepare and Legalize Foreign Civil-Status Documents

Because foreign family registries are not directly accessible to Turkish Notaries whenever at least one party is a foreign citizen, foreign heirs must obtain a judicial Certificate of Inheritance from a Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi). The court requires official proof of death and kinship:

Official death certificate (Ölüm Belgesi) and birth/marriage/family registry certificates proving the exact bloodline and marital relationship between the deceased and all surviving heirs.
Apostille or Consular Legalization: Documents issued in states party to the 1961 Hague Apostille Convention must bear an official Apostille stamp; documents from other states require consular legalization.
Sworn Turkish Translation & Notarization: All foreign documents must be translated into Turkish by a sworn translator and certified by a Turkish Notary Public or Turkish Consulate.

3. Step 3: Obtain the Turkish Certificate of Inheritance (Veraset İlamı)

Unlike purely domestic Turkish estates (which can often obtain a certificate from a notary), estates involving foreign citizenship or foreign domicile require filing a petition before the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) for a Certificate of Inheritance (Mirasçılık Belgesi / Veraset İlamı). Notice that:

A foreign probate grant, European Certificate of Succession (Erbschein), or foreign court order does not directly replace a Turkish Veraset İlamı for real estate in Türkiye, though it serves as supporting evidence of family status.
Where the deceased left a foreign or Turkish will (Vasiyetname), separate court proceedings are required to open, read, and enforce the testamentary dispositions under Turkish procedural law.

4. Step 4: File the Inheritance and Transfer Tax Declaration (Veraset ve İntikal Vergisi)

Neither Turkish banks nor the Land Registry Directorate (Tapu) will release funds or transfer real estate ownership to heirs without an official tax clearance certificate (İlişik Kesme Belgesi) issued by the Turkish Tax Office (Vergi Dairesi):

Heirs must obtain Turkish potential tax identification numbers, gather municipal property value certificates (Rayiç Bedel) and bank balance letters as of the date of death, and submit the Inheritance and Transfer Tax Declaration (Veraset ve İntikal Vergisi Beyannamesi).
Statutory filing deadlines depend on where the death occurred and where the heirs reside (extending up to 4, 6, or 8 months in cross-border scenarios under Law No. 7338).

5. Step 5: Complete Title Deed Transfer (Tapu İntikali) or Partition

Once the Turkish Certificate of Inheritance and tax clearance certificate are issued, the heirs (or their Turkish lawyer acting under a specific notarized and apostilled Power of Attorney) apply to the Land Registry Directorate to transfer the property into the heirs’ names. Initially, heirs take title in joint ownership (Elbirliği Mülkiyeti) or co-ownership shares (Paylı Mülkiyet). If co-heirs disagree on selling or keeping the property, any heir may apply to the court for partition or judicial sale (İzale-i Şüyu / Ortaklığın Giderilmesi Davası).

Learn more on our Inheritance, Wills & Estates practice area page, our Real Estate & Title Deeds page, or our Inheritance Lawyer in Alanya service page, and contact Enes Nergiz Law Office for assistance with a Turkish estate.

Frequently Asked Questions

Does a foreign will or European Certificate of Succession automatically apply to property in Türkiye?

No. Under Article 20 of Turkish Private International Law (MÖHUK), immovable property located in Türkiye is governed exclusively by Turkish inheritance law (lex rei sitae), including Turkish statutory reserved share (saklı pay) protections. Furthermore, foreign heirs must obtain a Turkish Certificate of Inheritance (Veraset İlamı) from a Turkish Civil Court of Peace before registering title changes.

Can foreign heirs complete the entire Turkish inheritance and Tapu transfer process without traveling to Türkiye?

Yes. Foreign heirs can grant a specific Power of Attorney (Vekaletname) at a Turkish Consulate or before a local notary with an Apostille and sworn Turkish translation, enabling their Turkish attorney to obtain the court Certificate of Inheritance, file the inheritance tax declaration, collect bank balances, and register the new Tapu title deeds remotely.

What happens if the deceased had debts in Türkiye and the heirs wish to renounce the inheritance?

Under the Turkish Civil Code, statutory heirs generally have a strict 3-month period (Reddi Miras süresi) from learning of the death and their status as heirs to file an unconditional renunciation of inheritance before the Turkish Civil Court of Peace, or longer where the estate is officially insolvent at the date of death (Hükmen Red).

Must inheritance tax be paid in Türkiye before an inherited apartment or villa can be sold?

Yes. The Land Registry Directorate requires an official tax clearance letter (Veraset ve İntikal Vergisi İlişik Kesme Yazısı) from the Turkish Tax Office confirming that inheritance tax and municipal property taxes have been declared and settled or secured before the property can be transferred to the heirs and sold to a third party.

Reviewed: October 2026 by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281). General legal information only; not formal legal advice. Primary legislation is available via Mevzuat.

Notice: This article is for general information only and does not constitute legal advice. The legal assessment depends on the specific facts.