Inheritance Law in Turkey and Foreigners’ Rights to Inherit

1. What Is Inheritance Law in Turkey?

Inheritance law regulates who inherits the estate of a deceased person and how the estate is distributed. In Turkey, inheritance matters are governed by the Turkish Civil Code.

The place of inheritance is determined by the deceased’s last residence. Therefore, if a foreigner owns property in Turkey, inheritance proceedings will take place in Turkey after their death.

2. Order of Heirs in Turkey

According to the Turkish Civil Code, heirs are determined in the following order:

• First line: Children and their descendants (grandchildren, etc.)

• Second line: Parents and siblings

• Third line: Grandparents and their descendants

• Spouse’s share: The surviving spouse always inherits, but the share changes depending on the group of heirs.

If there are no heirs, the estate passes to the Turkish state.

3. Distribution of Inheritance

During inheritance distribution, reserved portions (saklı pay) must be respected:

• Heirs with reserved portions: descendants (children), parents, and the surviving spouse.

• The deceased cannot freely dispose of their entire estate by will; reserved shares must be protected.

• If heirs cannot agree on distribution, the court may order judicial partition.

4. Foreigners’ Right to Inherit in Turkey

Foreign nationals have equal inheritance rights to Turkish citizens when it comes to movable and immovable property located in Turkey.

• Immovable property (such as houses, land, apartments) is always inherited under Turkish law.

• Foreign heirs must obtain a certificate of inheritance (veraset ilamı) from a Turkish court.

• Foreign court decisions (wills, inheritance rulings) must be recognized through recognition and enforcement (tanıma-tenfiz) proceedings in Turkey before they are valid.

👉 Example: If a German citizen who owns an apartment in Alanya passes away, their heirs must obtain a certificate of inheritance from the Turkish court and then proceed with the title deed transfer.

5. Renunciation of Inheritance (Declining Inheritance)

Heirs may renounce an inheritance if they do not wish to assume the deceased’s debts.

• The renunciation must be declared within 3 months of death at the Civil Court of Peace (Sulh Hukuk Mahkemesi).

• Foreigners also have the right to renounce inheritance in Turkey.

6. Title Deed Transfer and Probate Proceedings

Inheritance transfer procedures include:

1. Obtaining a certificate of inheritance (veraset ilamı) from the Civil Court of Peace

2. Completing the title deed transfer (intikal) at the Land Registry Office

3. Paying inheritance and gift taxes at the tax office, if applicable

For foreigners, this process can be more complex, requiring sworn translations, notarizations, and court procedures.

7. Conclusion: Why You Need Legal Assistance

Inheritance law in Turkey contains many detailed provisions that apply to both Turkish citizens and foreigners. For foreigners, inheritance procedures may be challenging due to documentation, translations, and legal requirements.

For professional legal support, Özocak & Altun Law Firm, located in Alanya/Mahmutlar, provides expert assistance in inheritance law. Our experienced team ensures that both Turkish and foreign clients manage inheritance distribution, title deed transfers, and court proceedings smoothly.