Foreign individuals who inherit assets in Turkey—whether real estate, bank deposits, or shares—must comply with the formal rules of inheritance law in Turkey. Although Turkish inheritance rules follow civil law tradition, foreigners often face uncertainty when navigating local court systems, title deed transfers, and tax filings. At ER&GUN&ER Law Firm, we assist expats and non-resident heirs with end-to-end legal support for inheritance claims in Turkey.
Whether you are a surviving spouse, child, or designated heir of a foreigner who owned assets in Turkey, your inheritance rights are protected under Turkish law. But the procedures can be complex—particularly when it comes to certificate of inheritance, property registration, inheritance tax, and international succession. Our team of English speaking Turkish lawyers ensures that your legal rights are enforced efficiently and in accordance with the succession law in Turkey.
How Does Inheritance Law in Turkey Apply to Foreigners?
Under Article 20 of the Turkish Private International Law (Law No. 5718), inheritance matters are governed by the national law of the deceased for movable assets, and by Turkish law for immovable assets located in Turkey. This means that when a foreigner passes away owning real estate or bank accounts in Turkey, Turkish inheritance law will regulate the distribution of these assets.
Key principles of inheritance law in Turkey include forced heirship (reserved portions for legal heirs), equal treatment of male and female heirs, and court-supervised title registration. While wills are recognized under Turkish law, they must comply with legal formalities and cannot override the statutory shares granted to legal heirs unless those heirs renounce or are legally disinherited.
Many foreign heirs in Turkey are surprised to learn that they cannot directly take control of inherited property or funds without first obtaining a valid certificate of inheritance (“veraset ilamı”). This document is issued by the Turkish courts and is essential for accessing bank accounts, selling real estate, or executing the estate of a deceased person.
Who Can Inherit in Turkey? Legal Heirs and Beneficiaries
In Turkey, the legal heirs are determined according to the Turkish Civil Code. The standard order of succession is as follows:
- Spouse + children (if any)
- Spouse + parents (if no children)
- Spouse + siblings (if parents are deceased)
- State (if there are no legal heirs or wills)
Foreign nationals are treated equally under Turkish inheritance law. Thus, a non-Turkish spouse or child is considered a full legal heir. However, disputes may arise when heirs are located abroad, are unfamiliar with Turkish probate procedure, or when property is co-owned with other family members. Our Turkish Law Firm provides clarity on heir rights and assists in avoiding inheritance conflicts.
For example, when a foreign property owner passes away, and the heirs reside in different countries, obtaining the certificate of inheritance in Turkey requires careful legal planning. If a will exists, it must be validated by the Turkish courts. If not, the statutory order will prevail. We help clients navigate the probate courts and assert their inheritance rights under Turkish law.
Certificate of Inheritance: Mandatory Legal Step for Expats
The certificate of inheritance (veraset ilamı) is the cornerstone of any inheritance case in Turkey. It confirms the identity of the legal heirs and their respective shares. Without this certificate, it is impossible to perform any transactions on the inherited assets, whether transferring real estate title, closing bank accounts, or dividing shares in a company.
Foreign heirs must file an application before the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi). The following documents are typically required:
- Death certificate (apostilled and translated)
- Heirship documents (family tree, birth certificates)
- Any wills or estate plans (if available)
- Legal power of attorney (if filed by a lawyer)
Once the inheritance certificate in Turkey is granted, it enables the legal heirs to proceed with property transfer, bank account access, and tax filings. At ER&GUN&ER Law Firm, our team provides end-to-end services: preparing documents, filing court petitions, and registering the decision at the Land Registry.
For a related topic, see our article on inheritance case management for foreign heirs in Turkey.
Inheritance Tax in Turkey: Obligations for Foreign Heirs
Foreign heirs inheriting property or assets in Turkey are subject to inheritance tax in Turkey (veraset ve intikal vergisi). This tax is calculated based on the value of the estate and the legal relationship between the deceased and the heir. Rates vary between 1% to 30% depending on the size of the inheritance and kinship degree.
However, Turkey has signed several double taxation treaties that can prevent double inheritance tax for certain nationalities. These agreements allow foreign heirs to claim credits in their home country for taxes paid in Turkey. Additionally, certain exemptions apply for spouses, children, or heirs below a defined asset threshold. Our English speaking Turkish lawyers assess your eligibility and ensure full compliance with Turkish tax regulations.
Tax filings must be made within four months of the date of death if the deceased resided in Turkey—or within six months for foreign residents. Failure to comply can result in interest penalties and delay in title transfer. At ER&GUN&ER Law Firm, we calculate the tax base, file returns with the tax office, and secure clearance for property inheritance for foreigners.
Title Deed Transfer and Real Estate Inheritance in Turkey
Real estate inherited by foreign nationals must be formally transferred at the Land Registry Directorate (Tapu Müdürlüğü). The title deed transfer requires a valid certificate of inheritance, tax payment confirmation, and submission of property valuation reports. The property must be free of encumbrances, and legal due diligence is strongly recommended to avoid complications.
Foreign heirs should also verify zoning status, co-ownership structures, and registration issues. In some cases, title deed cancellation may arise if fraudulent wills or invalid powers of attorney were used in prior transfers. We advise reviewing the property's legal history before executing any inheritance-based transfer. For this, see our in-depth article on title deed check procedures in Turkey.
Disputes Between Co-Heirs: Legal Solutions Under Turkish Law
When multiple heirs inherit the same asset, particularly real estate, disputes often arise over use, management, or sale. Turkish inheritance law does not automatically divide real estate among heirs; instead, it creates joint ownership (elbirliği mülkiyeti). Each heir has an undivided share, but no individual can sell or use the asset without consent from all parties.
If consensus cannot be reached, one or more heirs may file a partition lawsuit (ortaklığın giderilmesi davası) to force the sale or physical division of the property. At ER&GUN&ER Law Firm, we mediate between co-heirs and, where needed, represent clients in court to protect their ownership rights. Disputes between foreign heirs in Turkey and local heirs are especially common due to misunderstandings or lack of communication. We provide bilingual legal support for amicable resolution or formal litigation.
Related: real estate litigation for foreign investors in Turkey
Succession Planning for Foreign Property Owners in Turkey
Foreign nationals owning property or companies in Turkey are strongly advised to prepare succession plans before passing away. This includes preparing a will recognized under Turkish law, determining heirs, and organizing asset structures to reduce inheritance tax exposure. Without a proper will, your assets may pass under Turkish statutory rules—even if your intentions differ.
Our firm prepares both local and international wills, provides legal opinions on conflict of laws, and advises on estate structuring. We also assist in setting up Turkish companies in a way that allows share transfer without disrupting operational control. To understand company succession in detail, visit our article on shareholder planning for foreign-owned Turkish companies.
Frequently Asked Questions (FAQs)
- Can foreigners inherit property in Turkey? Yes. Foreign individuals can inherit real estate, bank assets, and other property in Turkey under the same legal framework as Turkish citizens.
- Do I need a lawyer to claim inheritance in Turkey? While not mandatory, legal representation is highly recommended—especially for foreigners navigating complex Turkish procedures.
- What documents are needed for inheritance claims? Death certificate, family tree, heirship documents, translated IDs, and power of attorney (if applicable).
- How is inheritance tax calculated? Based on asset value and kinship level. Rates range between 1% to 30%.
- Can a will made abroad be used in Turkey? Possibly. The will must be notarized, apostilled, translated, and reviewed for compatibility with Turkish law.
- How long does inheritance process take? From 4 weeks to several months depending on court processing, tax filings, and property registration.
- What if there’s a dispute among heirs? Litigation may be necessary. Turkish courts offer partition and cancellation suits to resolve joint heir conflicts.
- Can inheritance be refused? Yes. Heirs may disclaim their inheritance through a formal court process if debts outweigh benefits.
Legal Challenges and Title Cancellation Risks in Turkish Inheritance Cases
While most inheritance cases proceed smoothly, certain risks exist—particularly in relation to title deed cancellation or forged wills. Under Turkish law, if a title was registered based on invalid documents, undisclosed heirs, or fraudulent power of attorney, the court may annul the registration. This is especially relevant in high-value real estate inheritances involving foreign investors unfamiliar with Turkish documentation norms.
For example, if a deceased foreigner owned land in Turkey and a third party fraudulently registered it using a fabricated will or revoked power of attorney, legal heirs can challenge the transaction. At ER&GUN&ER Law Firm, we represent clients in title cancellation lawsuits and establish ownership rights through inheritance litigation under Turkish law.
We also track high court precedents from the Turkish Court of Cassation (Yargıtay) to support clients facing cross-border succession disputes, missing title records, or legal capacity objections. Our strategy includes notarial verification, witness affidavits, and pre-acquisition red-flag analysis.
Plan Ahead to Protect Your Assets in Turkey
For any foreign national with assets in Turkey—whether real estate, bank accounts, or corporate shares—proactive succession planning is critical. Turkish inheritance law is structured but rigid. Without the right legal instruments in place, your intended heirs may face unexpected tax burdens, procedural delays, or ownership disputes.
At ER&GUN&ER Law Firm, our English speaking Turkish lawyers specialize in inheritance law in Turkey. We handle certificate applications, title deed transfers, inheritance litigation, tax planning, and dispute resolution. As a leading Turkish Law Firm offering legal support for expats and foreign heirs in Turkey, we help protect your legacy through precision legal work and international coordination.