The number of foreigners who acquire real estate, invest, or live with their families in Turkey is increasing every year. This situation makes the issue of inheritance lawsuits of foreigners in Turkey increasingly important [1]. If a foreigner passes away in Turkey, or if foreign heirs claim rights over assets located in Turkey, the inheritance process is carried out within the framework of Turkish law. However, inheritance lawsuits involving a foreign element include more technical processes and require greater care compared to ordinary inheritance files.
Do Foreigners Have Inheritance Rights in Turkey?
Yes. Foreign nationals may become heirs in Turkey under certain conditions according to Turkish law. As a rule, Turkish legislation does not distinguish between foreigners and Turkish citizens in terms of inheritance rights [2]. However, especially when real estate is involved, reciprocity and certain restrictions may come into question.
Foreign heirs may claim inheritance rights over the following assets located in Turkey:
- Real estate
- Bank accounts
- Commercial shares
- Movable assets
Which Law Applies to Foreigners’ Inheritance Lawsuits in Turkey?
In inheritance lawsuits involving a foreign element, the most critical issue is which law will apply. Law No. 5718 on International Private and Procedural Law regulates this matter [3]:
“Inheritance is subject to the national law of the deceased. Inheritance relating to real estate located in Turkey is examined according to Turkish law.”
— Law No. 5718, Article 20 [3]
- Real estate is subject to the law of the country in which it is located.
- For real estate located in Turkey, Turkish law applies.
- For movable assets and certain inheritance relations, the national law of the deceased may be taken into account.
This distinction affects the entire process, from determining inheritance shares to litigation strategy.
Types of Inheritance Lawsuits for Foreigners in Turkey
The main inheritance lawsuits that foreigners may file or become a party to in Turkey are as follows [2][4]:
| Type of Lawsuit | Competent Authority | Basic Requirement |
|---|---|---|
| Obtaining a certificate of inheritance | Civil Court of Peace | Apostilled family document, translation |
| Lawsuit for the division of inheritance | Civil Court of First Instance | Certificate of inheritance, land registry/bank records |
| Lawsuit for cancellation and registration of title deed | Civil Court of First Instance | Land registry records, inheritance documents |
| Reduction lawsuit | Civil Court of First Instance | Calculation of reserved shares, inheritance documents |
| Rejection of inheritance | Civil Court of Peace | Within 3 months from the date of death |
| Recognition and enforcement of a foreign inheritance decision | Civil Court of First Instance | Foreign court decision, apostille |
| Dissolution of co-ownership / partition lawsuit | Civil Court of Peace | Land registry record, identification of all co-owners |
How to Obtain a Certificate of Inheritance for Foreigners?
The first step in the inheritance process in Turkey is usually obtaining a certificate of inheritance. Foreign heirs may request a certificate of inheritance from Turkish courts. At this stage, the following documents are of great importance [2]:
- Proper translation of foreign official documents
- Apostille or consular certifications
- Documents proving civil registry and family ties
Submitting incomplete or incorrect documents may prolong the process.
International Inheritance Law Disputes
International inheritance law disputes arise when the deceased or the heirs have connections with different countries. In such files, the main issues are which law will apply and which court has jurisdiction [3].
With respect to real estate, Turkish law applies to assets located in Turkey, while the national law of the deceased may apply to movable assets and certain inheritance relations. This distinction directly affects inheritance shares and litigation strategy.
Protection of the Rights of Foreign Heirs
The protection of foreign heirs’ rights in Turkey depends on managing the process correctly from the very beginning. Submitting incomplete documents, missing deadlines, or filing the wrong lawsuit may lead to serious loss of rights. In terms of protecting rights, the following are of great importance:
- Correct identification of the estate
- Determining the current status of real estate
- Correct calculation of share ratios
Professional legal assessment during this process helps prevent disputes from escalating.
Real Estate Lawsuits Concerning Foreigners in Turkey
Foreigners have ownership rights over real estate they acquire in Turkey and may file lawsuits related to such real estate [1]. Lawsuits for cancellation and registration of title deed, inheritance-related real estate disputes, and joint ownership issues are frequently encountered in this context.
In real estate cases, land registry records, inheritance documents, and previous transactions are examined in detail. Incorrect or incomplete assessments may prolong the case.
Partition of Joint Ownership (İzale-i Şuyu) Lawsuits
Partition lawsuits, known as izale-i şuyu, arise in relation to real estate inherited by multiple persons. These lawsuits aim either to divide the property fairly among the co-owners or to sell it and distribute the proceeds among them.
In partition lawsuits involving foreign parties, notification and representation procedures are of particular importance. When the case is handled correctly, it becomes possible to terminate the co-ownership and collect the amounts due to the parties.
Difficulties Faced by Foreigners in Inheritance Lawsuits in Turkey
In practice, foreign heirs may encounter various problems. The most common difficulties are as follows:
- Lack of knowledge of the legal system and legal procedures
- Language and communication problems
- Submission of incorrect or incomplete documents
- Identification and valuation of real estate
- Disputes with other heirs
At this stage, working with a lawyer who is well-versed in local law significantly simplifies the process.
The Importance of Legal Support in Foreign Inheritance Cases
Inheritance lawsuits of foreigners in Turkey require professional support from both legal and practical perspectives. The process may be carried out remotely; in most cases, foreign heirs are not required to come to Turkey. However, in order for the procedures to progress correctly and quickly, an experienced lawyer should manage the file.
In this field, Esra Aslan, who has experience in files involving foreign elements, provides reliable and transparent legal support to foreign heirs in Turkey. Attorney Esra Aslan aims to prevent any loss of rights by planning the inheritance process from beginning to end.
Validity of Foreign Court Decisions in Turkey
Inheritance decisions issued in foreign countries cannot be directly enforced in Turkey. In order for these decisions to have legal effect and consequences in Turkey, a recognition or enforcement lawsuit must be filed [3]. The Turkish court examines whether the decision complies with procedural rules and public order.
This process plays a critical role, especially in cases involving numerous assets.
Deadlines in Foreigners’ Inheritance Lawsuits in Turkey
Deadlines in inheritance lawsuits vary depending on the type of case. Some rights may be lost if they are not exercised within certain time limits. Therefore, it is very important to obtain a legal assessment as soon as the inheritance right arises [2][4].
Overall Assessment
Inheritance lawsuits of foreigners in Turkey are a safe and predictable process when managed correctly. However, the foreign element makes the process technical and requires expertise. Wrong steps may lead to lengthy lawsuits and serious loss of rights.
If you believe that you have inheritance rights in Turkey, or if you wish to manage the inheritance process remotely and securely, working with an experienced lawyer is the right step. The professional support provided by Attorney Esra Aslan helps foreign heirs effectively protect their rights in Turkey.
References
- Republic of Turkey Ministry of Justice. (2024). Property and Inheritance Rights of Foreigners in Turkey. https://www.adalet.gov.tr
- Turkish Civil Code No. 4721. (2001). Official Gazette, No: 24607. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4721.pdf
- Law No. 5718 on International Private and Procedural Law. (2007). Official Gazette, No: 26728. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5718.pdf
- Court of Cassation. (2023). Current Case Law Compilation on Inheritance Law. Presidency of the Court of Cassation of the Republic of Turkey. https://www.yargitay.gov.tr