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Muhammet Emre NasAttorney at Law
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Muhammet Emre Nas
Ankara, Turkey

How Can a Foreign Heir Inherit Property in Turkey While Living Abroad?


Short answer

Living abroad does not by itself prevent an heir from dealing with an inheritance in Turkey. The starting point is to identify the estate, establish heirship and determine the correct Turkish process. A foreign probate document or will should be reviewed rather than treated as an automatic instruction to change the Turkish land register.

Which country’s law applies?

Under Article 20 of Law No. 5718, succession generally follows the deceased’s national law, but Turkish law applies to immovable property in Turkey. The estate’s location also governs opening, acquisition and distribution issues. The deceased’s nationality, death date, family relationships and the location of each asset therefore need recording. Applicable international agreements must also be checked. Law No. 5718, Articles 1 and 20.

A mixed estate may include an apartment, bank balances and assets abroad. Avoid assuming that one answer governs every asset. A will also requires its own assessment; producing a will and establishing its legal effect are separate steps.

Can a foreign heir obtain a certificate from a Turkish notary?

The Civil Code provides for an inheritance certificate as evidence of heirship. However, Article 71/B of the Notary Act excludes notarial issuance where the applicant is foreign, the population records are insufficient or judicial examination is required. Foreign applicants therefore need the court route rather than assuming an ordinary notarial application is available. Civil Code, Article 598; Ministry of Justice explanation of Article 71/B.

A foreign document can help establish the family or succession history, but its nature, issuing authority and legal effect must be examined. Translation, authentication and any recognition question depend on the document and the applicable rules. There is no single “apostille and register” route for every overseas estate.

A court example: where should the application be made?

In a dispute concerning foreign applicants resident in Germany, courts disagreed about jurisdiction for an inheritance certificate. The Supreme Court applied Article 43: the deceased’s last Turkish domicile determines jurisdiction; where there is no such domicile, the location of estate assets becomes relevant. Assets in Mersin led it to designate Mersin 1st Civil Court of Peace.

This was a jurisdiction ruling. It did not decide the applicants’ eventual inheritance shares, ownership eligibility or tax position. Yargıtay 5th Civil Chamber, 2 March 2026, E. 2025/13170, K. 2026/3621.

Our practical analysis

Begin with an estate map rather than a transfer application. Identify each property and its registered owner, the deceased’s relevant nationality history, all potential heirs and any will. Differences in the spelling of names across passports, death records and title documents should be reconciled early. A missing link in a family record can delay an otherwise straightforward file.

Keep proof of heirship separate from the question of whether a foreign heir can retain a particular property under the relevant acquisition rules. Nationality, the legal rules applicable at the relevant date and the parcel’s characteristics need examination. Language preference is not a substitute for nationality information. TKGM information on foreign acquisition.

The review should also cover estate liabilities, outstanding administration and any time-sensitive acceptance or rejection issue. Do not treat registration as the only task. Decide how rent receipts, correspondence and necessary property expenses will be documented while the inheritance process is ongoing.

Documents to prepare from abroad

  • Death certificate and the deceased’s identity and nationality records.
  • Heirs’ identity documents and evidence of family relationships.
  • Any will, foreign inheritance certificate or probate decision.
  • Available title details and information about other estate assets and liabilities.
  • Translations and authentication appropriate to each document.
  • A power of attorney tailored to the proposed court and registration work, where representation is intended.

Much of the preparation can begin remotely. Whether a personal appearance or additional authority is needed depends on the particular step and the documents accepted by the relevant authority.

Legal sources checked: 16 October 2026. This guide does not determine any individual heir’s entitlement or share.