With the increasing number of foreigners who own real estate in Türkiye or who pass away in Türkiye,
inheritance lawsuits involving foreigners in Türkiye
are becoming more common in practice. The heirs of foreign nationals must follow inheritance procedures conducted under Turkish law in order to claim rights over movable and immovable property located in Türkiye.
In such cases, both Turkish civil law and private international law must be evaluated together.
A process that is carried out incorrectly or incompletely may lead to serious loss of rights for the heirs.
How is inheritance law applied to foreigners in Türkiye?
In inheritance matters involving foreigners, the main distinction is made between
immovable property
and
movable property.
This distinction is extremely important under Turkish law.
Immovable property located in Türkiye
For immovable properties located in Türkiye (such as houses, plots, and land),
Turkish law
applies. Even if the deceased was a foreign national, the law of the location of the property prevails.
Therefore, inheritance procedures for foreigners who own real estate in Türkiye are carried out by Turkish courts.
Movable property and foreign elements
For movable property, the
nationality
or
law of domicile
of the deceased may be taken into account. This may introduce a foreign element into the case and require the application of private international law rules.
The right of foreigners to file inheritance lawsuits in Türkiye
Foreign individuals have the right to file inheritance lawsuits in Türkiye if they hold the status of heir under Turkish law. In this context, foreigners may file lawsuits such as:
-
Determination of heirship certificate
-
Dissolution of joint ownership (partition of inheritance)
-
Cancellation and registration of title deed
-
Reduction lawsuit (tenkis)
-
Action for fraudulent conveyance by the deceased
before Turkish courts.
Certificate of inheritance and foreign heirs
In order for foreign heirs to claim rights in Türkiye, they must first obtain a
certificate of inheritance.
Certificates of inheritance issued in foreign countries are not directly valid in Türkiye.
Validity of foreign inheritance documents
For inheritance documents obtained abroad to be valid in Türkiye, the following may be required:
-
Filing a recognition and enforcement lawsuit
-
Completion of apostille procedures
-
Official translation
Without completing these procedures, transfer of inheritance is not possible.
Competent court in inheritance cases involving foreigners in Türkiye
The competent court in inheritance cases is the court of the deceased’s last place of residence or the location of the immovable property.
If there is immovable property in Türkiye, Turkish courts have jurisdiction.
Since jurisdictional objections frequently arise in inheritance cases involving foreign elements, filing the case in the correct court is of great importance. You may also find our article
collection of foreign receivables in Türkiye
of interest.
Inheritance tax in Türkiye and foreigners
Foreign heirs are subject to
inheritance and transfer tax
for assets they acquire through inheritance in Türkiye. The tax is calculated based on the value of the estate, the number of heirs, and their inheritance shares.
If tax obligations are not fulfilled on time, the transfer of inheritance and title deed procedures may be delayed.
Common issues faced by foreigners in inheritance lawsuits in Türkiye
The most common problems foreign heirs encounter in practice include:
-
Validity of foreign documents
-
Missing apostille and translation requirements
-
Access to land registry records
-
Lengthy litigation processes
-
Heirs residing in different countries
Proper management of these issues is critical for the secure transfer of inheritance.
Legal support in inheritance lawsuits involving foreigners in Türkiye
Inheritance lawsuits involving foreigners in Türkiye require not only knowledge of inheritance law but also expertise in private international law and practical experience. Taking the correct steps from the beginning of the process is essential to avoid loss of rights.
In this context,
Attorney Esra Aslan
provides professional legal support to both foreign heirs and Turkish parties regarding certificates of inheritance, litigation processes, title deed procedures, and legal consultancy in inheritance cases in Türkiye.
Frequently Asked Questions
Can foreigners file inheritance lawsuits in Türkiye?
Yes. Foreign individuals who hold the status of heir under Turkish law may file inheritance lawsuits in Türkiye.
Is a certificate of inheritance issued abroad valid in Türkiye?
No. For foreign inheritance certificates to be valid in Türkiye, recognition and enforcement procedures may be required.
Which law applies to immovable property inherited in Türkiye?
Turkish law applies to immovable property located in Türkiye.
Do foreigners pay inheritance tax in Türkiye?
Yes. Foreign heirs are also subject to inheritance and transfer tax for assets acquired through inheritance in Türkiye.
Is it mandatory to work with a lawyer in foreign inheritance cases?
It is not mandatory; however, due to the technical and international nature of the process, working with a specialized lawyer provides significant advantages.
