Inheriting property in Turkey as a foreign heir

An inheritance involving property in Bodrum and heirs living abroad requires a clear picture of the family, the estate and the documents available. Establishing who is entitled to inherit, registering the property and deciding what happens to it are connected but distinct questions. A foreign estate document should not be assumed to complete all of those steps in Türkiye.

Which law applies?

Article 20 of Law No. 5718 states that succession is generally governed by the deceased’s national law, while Turkish law applies to immovable property situated in Türkiye. It also addresses the opening, acquisition and division of an estate and the form and capacity rules for testamentary dispositions. The nationality of the deceased, the nature of the assets and their location therefore need to be established at the outset.

A will and assets in more than one country may require separate assessments. Rules applying to a house in Türkiye should not automatically be treated as rules for every bank account or other asset abroad. Advice on another jurisdiction’s estate procedure may need to be obtained from a lawyer there.

How is heirship established?

Article 598 of the Turkish Civil Code provides for a certificate identifying heirship. The family records, any will and previous proceedings are examined to establish what certificate or application is appropriate. A certificate identifies the inheritance position; it is not an agreement dividing the estate or a completed transfer of every asset.

Article 71/B of the Notaries Law prevents Turkish notaries from issuing a certificate of inheritance where it is requested by a foreign national. In that situation the court route needs to be considered. The same provision also addresses cases requiring judicial determination or where civil registration records are insufficient. The required evidence should be identified before making an application.

Which documents provide a useful starting point?

The death record, information about the deceased’s nationality and last residence, documents establishing family relationships, any will, existing estate decisions and available title records provide the basis for review. It is also useful to identify all known heirs and where original documents are held. Inconsistencies in names, dates or family records should be identified early.

Documents issued abroad may need authentication and Turkish translation for the intended procedure. A foreign court decision can also raise a separate question of recognition or enforcement under Law No. 5718. That question depends on the nature and intended use of the decision; not every overseas estate document is a court judgment or follows the same route.

Consider the estate’s debts as well as its assets

Under Article 599 of the Turkish Civil Code, heirs acquire the estate as a whole by operation of law upon death. Subject to statutory exceptions, personal responsibility for the deceased’s debts may arise. Known loans, enforcement proceedings, continuing contracts and disputed liabilities should therefore be reviewed alongside the property and other assets.

Where liabilities are uncertain, decisions about accepting or renouncing the inheritance require prompt, separate advice. The position should not be assessed from the value of a property alone. The renunciation of inheritance article addresses that distinct subject; the applicable requirements and time limits must be checked for the particular heir.

Registration and restrictions affecting foreign heirs

Article 705 of the Turkish Civil Code distinguishes acquisition through inheritance from subsequent disposition of the property: although inheritance is among the cases in which ownership is acquired before registration, registration is required for the owner’s disposition of it. The heirship documents and title position therefore need to be brought together before a proposed sale or other transaction.

Foreign nationality does not justify assuming that an inherited property can be retained without further review. Article 35 of the Land Registry Law provides for liquidation of immovable property acquired by inheritance outside the restrictions in its first paragraph. The heir’s position, the property and any restrictions must be assessed rather than importing the conclusion from a different person’s case.

What if the heirs disagree?

Article 640 of the Turkish Civil Code governs the inheritance community where there are several heirs. Authority granted by one heir does not automatically permit action for the others. Occupation, rental income, expenses, management and a proposed sale should be considered against the ownership and representation position.

An agreed division needs to address the assets, valuation, payment and any registration steps. If termination of co-ownership is pursued, Article 18/B of Law No. 6325 requires mediation before the relevant court action. The co-ownership article explains that separate subject.

Preparing the matter while living abroad

Preparation can begin with the available records and an account of the estate. A suitable power of attorney may support agreed applications and representation. The required originals, certifications and any personal attendance should be established for each step. Timing depends on the records, parties and procedure; no single completion period applies to every estate.

The inheritance law section sets out the broader review. The foreign clients section explains English-language communication and preparation of Turkish legal matters.

Legal framework

Law No. 5718, Articles 20, 50 and 58; Turkish Civil Code No. 4721, Articles 598, 599, 640 and 705; Notaries Law No. 1512, Article 71/B; Land Registry Law No. 2644, Article 35; Law No. 6325, Article 18/B. This guide provides general information. The applicable law, evidence and procedure must be assessed for the particular estate.