Foreign nationals owning assets in Turkey—such as real estate, bank accounts, or company shares—must understand how Turkish inheritance law applies to them. When a foreigner passes away, Turkish law may govern the succession process for immovable properties located in Turkey, regardless of the deceased's nationality. The rules governing forced shares, testament validity, and cross-border probate can significantly differ from those in the foreigner's home country. Our Turkish Law Firm assists international clients in navigating these complexities. With the guidance of an English speaking lawyer in Turkey, heirs and executors can avoid disputes and protect their legal rights through a structured succession process.
How Turkish Inheritance Law Applies to Foreigners
Under Article 20 of the Turkish International Private and Procedural Law (Law No. 5718), the inheritance of a foreign national is governed by the law of their nationality. However, Turkish law applies to immovable assets (such as land and property) located in Turkey. This means a dual system may apply—foreign law for movable assets, Turkish law for real estate. Our Turkish Lawyers coordinate with foreign probate attorneys to ensure asset-specific compliance. We also advise on will structures that align with both jurisdictions.
Forced Heirship and Statutory Shares
Turkish inheritance law includes a "forced share" system, which reserves a portion of the estate for the spouse, children, and parents of the deceased. These shares cannot be fully disinherited unless specific legal grounds are met. For example, children are entitled to 50% of what they would have received if no will existed. Company Lawyer Turkey ensures that shares in Turkish companies are distributed in accordance with these mandatory rules. English speaking lawyer in Turkey prepares detailed heirship calculations and inheritance tax planning reports.
Validity of Wills for Foreign Nationals in Turkey
Wills prepared abroad are recognized in Turkey only if they meet formal conditions under international conventions or bilateral treaties. To avoid rejection, many foreigners execute a Turkish will through a notary. Our Turkish Law Firm drafts wills in Turkish and English, structured to comply with both the client’s home law and Turkish property laws. We also provide safe custody and registry services. Real Estate Lawyer in Turkey adds testamentary clauses to tapu (title deed) declarations when applicable.
Inheritance Proceedings: Certificate of Inheritance (Veraset İlamı)
Before heirs can claim property or initiate transfer, they must obtain a Certificate of Inheritance from the Turkish Civil Court of Peace or a notary. This document proves legal entitlement to the deceased's estate. English speaking lawyer in Turkey gathers the required documents, including death certificate, family registry, and apostilled IDs. Turkish Lawyers handle notarized translations, court applications, and registry filings with local land offices or bank branches.
Inheritance Tax Rules for Foreigners
Turkey imposes inheritance tax on assets located within its borders, even for non-residents. The rate ranges from 1% to 30% depending on the heir’s degree of relation and asset value. There are also deadlines for declaration and payment. Our Company Lawyer Turkey prepares tax declarations, evaluates exemption thresholds, and ensures no penalties arise. Turkish Law Firm also coordinates with foreign tax advisors to avoid double taxation or reporting mismatches.
Inheritance of Real Estate and Title Deed Transfer
Once a foreign heir obtains the Certificate of Inheritance, real estate (such as homes, land, or commercial property) must be legally transferred through the Land Registry. The process requires submission of the certificate, identity documents, tax clearance, and payment of applicable inheritance taxes. Our Real Estate Lawyer in Turkey verifies encumbrances, zoning codes, and title status before transfer. Turkish Law Firm ensures the correct application of forced share rules and coordinates with notaries, tax offices, and title registrars for a seamless transition of ownership.
Declining an Inheritance (Mirasın Reddi)
If a deceased individual had debts that exceed their assets, heirs may choose to formally reject the inheritance. This must be done within 3 months of learning of the death. Rejection requires a notarized or court-declared waiver filed at the relevant Civil Court of Peace. English speaking lawyer in Turkey guides clients through risk analysis and legal consequences of rejection. Turkish Lawyers manage deadlines, filings, and notices to prevent automatic liability for debts.
Business Ownership and Inherited Company Shares
When a foreigner owns shares in a Turkish company (Ltd. or JSC), heirs may inherit those shares in accordance with the Articles of Association and the Turkish Commercial Code. Company Lawyer Turkey reviews shareholder agreements, board resolutions, and registry updates. We also advise on restructuring the company post-inheritance, especially when multiple heirs are involved or when the business must continue under new management. Turkish Law Firm ensures compliance with both inheritance and corporate governance regulations.
Cross-Border Probate and Recognition of Foreign Judgments
If the deceased’s estate includes assets both in Turkey and abroad, dual probate may be required. Turkish courts may recognize foreign probate rulings under reciprocity principles or bilateral treaties. Our English speaking lawyer in Turkey submits recognition (tanıma) or enforcement (tenfiz) requests along with apostilled foreign court judgments, translation, and local legal opinions. Turkish Lawyers coordinate with consulates and international legal teams to unify cross-border estate planning and succession.
Inheritance and Residency Implications
Heirs who inherit substantial assets in Turkey may qualify for residence permits under investment or family-based categories. Turkish Law Firm applies for short-term or long-term residence depending on property value and family ties. English speaking lawyer in Turkey manages immigration paperwork, biometric appointments, and proof of income declarations. Related: Residence Permits Through Property Ownership
Inheritance Tax Planning for Multinational Families
Many foreign clients have family members in multiple jurisdictions, triggering complex tax obligations. Company Lawyer Turkey prepares inheritance tax strategies including shareholding reorganizations, offshore trust integration, and donation before death structures. Turkish Lawyers work with international accountants to prevent double taxation and ensure regulatory compliance in both Turkey and the client’s home country. See also: Inheritance Tax and Treaty Implications
Frequently Asked Questions (FAQs)
- Can a foreigner inherit property in Turkey? Yes. Foreigners can inherit real estate in Turkey, subject to legal reciprocity and zoning restrictions.
- What law applies to inheritance for foreigners? Movable assets follow the law of the deceased’s nationality; immovable assets in Turkey are governed by Turkish law.
- Do I need a Turkish will? Not always, but it’s highly recommended to avoid forced share conflicts and ensure recognition. We prepare bilingual wills.
- What is the forced share rule? Turkish law reserves portions of the estate for legal heirs. Spouse, children, and parents cannot be fully disinherited without valid cause.
- Can I transfer property before death to avoid inheritance tax? Strategic gifting is possible but must follow tax laws. We advise on legal donation structures.
- Is there an inheritance tax in Turkey for foreigners? Yes. Tax applies to property in Turkey regardless of the heir’s nationality. Rates vary based on kinship and asset value.
- Can I renounce an inheritance? Yes. Within 3 months, you can file a notarized rejection (mirasın reddi) to avoid inheriting debts.
- Can my foreign will be enforced in Turkey? Yes, if it meets formal conditions and is recognized through international law. We manage recognition and translation.
- Do Turkish banks release funds to foreign heirs? Only after submission of the inheritance certificate, notarized translations, and tax clearance. We coordinate this process.
- Can I stay in Turkey after inheriting property? Yes. Inheriting real estate may make you eligible for a residence permit. We handle applications.
- What documents are needed for probate? Death certificate, passport copies, family registry, Certificate of Inheritance, notarized translations, tax ID.
- Who is the best lawyer firm in Turkey for inheritance cases? Istanbul Law Firm—with expert Turkish Lawyers, Real Estate Lawyer in Turkey, and English speaking lawyer in Turkey support for global families.
Contact Our Turkish Law Firm
Whether you are planning your estate, facing a cross-border probate issue, or inheriting assets in Turkey, our Turkish Law Firm provides expert legal solutions. We draft enforceable wills, represent heirs, and secure title transfers with tax-efficient planning. With our English speaking lawyer in Turkey team, foreign clients receive reliable, bilingual, and strategic representation. Trust the best lawyer firm in Turkey to protect your legacy and navigate Turkish inheritance law with clarity and care.