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Inheritance of a Foreign National Person: Inheritance of a Foreigner Who Died in Türkiye and Real Estate Rights of Foreign Heirs MÖHUK No. 5718 Article 20; Article 35 of the Land Registry Law No. 2644; Article 598 of the Turkish Civil Code No. 4721 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
In inheritance disputes with foreign elements, the rule is to apply the national law of the testator. However, Turkish law applies to immovable properties located in Türkiye. Foreign heirs may inherit movable property, money and other rights. In real estate, the limitations in Article 35 of the Land Registry Law come into play and acquisitions that violate these limits can be liquidated. The inheritance certificate is obtained from the civil court of peace. The foreign element should also be examined separately in terms of the distribution of the estate and tax liabilities.
Which Law Applies to Inheritance with Foreign Elements?
Inheritance is subject to the national law of the deceased. Turkish law applies to immovable properties located in Türkiye (Art. 20/1).
Provisions regarding the reasons for the opening of the inheritance, its acquisition and distribution are subject to the law of the country where the inheritance is located (Article 20/2).
Inheritance without heirs in Türkiye remains with the State (Article 20/3).
The form and capacity of disposition upon death are also regulated. Dispositions made in accordance with the national law of the deceased are also valid (Art. 20/4, Art. 20/5).
Therefore, if a foreigner dies in Türkiye, as a rule, the national law of the testator is applied in terms of his movable properties, and Turkish law is applied in terms of his immovable properties. The application of two different laws in the same file complicates the procedures.
Can a Foreign Heir Own Real Estate in Türkiye?
The 14th Civil Chamber of the Supreme Court of Appeals made an important distinction in its decision dated 02.07.2020 and numbered E.2016/14561, K.2020/4348. According to the decision, the limitation in Article 35 of the Land Registry Law can only be applied to immovable properties. There is no legal obstacle for foreign nationals to inherit movable property, money or other rights. In other words, the title of inheritance is not lost due to being a foreigner, but the acquisition of immovable properties is subject to the limitations in the law.
Article 35 of the Land Registry Law frames citizens of countries whose acquisition is determined by the President with limits such as ten percent of the district's surface area and thirty hectares per person. If immovable properties acquired by inheritance and falling outside these boundaries are not liquidated within the period given by the Ministry of Finance, they are liquidated and converted into value and the price is paid to the rightful owner. For this reason, the foreign heir can benefit from the immovable property not as property but as compensation when necessary. Details regarding real estate acquisition by foreigners are explained in a separate guide.
How to Obtain an Inheritance Certificate?
The inheritance certificate is requested from the civil court of peace. In the practice of the Supreme Court, it has been accepted that the Turkish court can also issue an inheritance certificate for the foreign inheritor, and there is no provision prohibiting this. The 8th Civil Chamber of the Supreme Court of Appeals, in its decision dated 20.06.2014 and numbered E.2013/21375, K.2014/13039, given during the period of the old Law No. 2675, stated that there is no legal regulation preventing the Turkish court from issuing an inheritance certificate for the foreign testator. In such requests, the national law of the testator and the status of the immovable properties in Türkiye are evaluated together. A recognition or enforcement process may be required for the use in Türkiye of inheritance decrees or court decisions taken from the foreigner's country. Apostille, translation and approval conditions of documents should be examined separately.
What Procedures Are Taken for the Estate of a Foreigner Who Died in Türkiye?
The death record of a foreigner who dies in Türkiye is recorded in the population and immigration administration records. Steps such as informing the consulate, arranging the transportation of the body and determining the accounts in the estate are on the agenda. In order to be able to dispose of the estate, the inheritance certificate is decisive in terms of bank and title deed transactions. Inheritance and transfer tax liability should be evaluated separately. Tax declaration periods and scope should be checked separately for the foreign inheritor or heir.
Movable goods and money There is no legal obstacle for foreign heirs (Supreme Court 14th HD, 2020)
Inherited immovable property that exceeds the border Liquidation within the given period, the price is paid to the rightful owner
Event Summary Form: Fictional example: A foreign national who owns a real estate in Türkiye dies. Since the heirs live abroad and the heirs are citizens of a country, the country requirement determined by the President during the title deed transfer creates problems. Process: The lawyer examines the national law of the testator, the inheritance certificate, the region where the real estate is located and the area border. A certificate of inheritance is obtained for the transfer of movable property. Result: If the restriction regarding the real estate continues, the option of liquidation and payment of the price is considered. Correct planning reduces the loss of rights of heirs.
Can a foreign national receive an inheritance in Türkiye?
Yes. According to the 14th Civil Chamber of the Supreme Court of Appeals, being a foreigner in terms of movable property, money and other rights is not an obstacle to inheritance. In terms of real estate, the restrictions of Article 35 of the Land Registry Law apply. What law applies to the real estate of a foreigner who dies in Türkiye? According to MÖHUK article 20/1, Turkish law applies to immovable properties located in Türkiye.
What happens if the foreign heir cannot buy the real estate?
If there is an acquisition contrary to the restrictions, the real estate can be liquidated within the given period and the price is paid to the rightful owner.
From which court is the inheritance certificate obtained?
The certificate of inheritance is requested from the civil court of peace.
Is an inheritance certificate obtained from a foreign country valid in Türkiye?
It is not considered valid per se. Conditions such as recognition, translation and apostille need to be examined separately.
Who inherits the property of a foreigner who has no heirs in Türkiye?
According to MÖHUK article 20/3, the estate without heirs in Türkiye remains with the State.
Failure to examine separately the national law of the testator and the law applicable to immovable properties in Türkiye. Ignoring the real estate acquisition restrictions of the foreign heir. Lack of apostille and translation requirements for foreign documents. Neglect of tax and declaration obligations. Failure to follow the liquidation period of the real estate.
In inheritance files with foreign elements, movable and immovable properties may be subject to separate legal regimes. Inheritance certificate, real estate limitations and tax liabilities should be planned together. Küheylan Law Firm provides legal support on inheritance certificate cases with foreign elements, transfer of immovable properties in Türkiye, determination of inheritance and use of foreign documents in Türkiye.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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