Inheritance in Türkiye for foreign heirs: which law applies, and what to do first

An apartment in Istanbul, a plot on the coast, a Turkish bank account — and heirs living in London, Dubai or Amsterdam. Cross-border succession is one of the areas where assumptions cost the most, because the rule that governs Turkish real estate is not the one most foreign heirs expect.

The rule that changes everything

Under Turkish conflict-of-laws rules, immovable property located in Türkiye is governed by Turkish succession law, regardless of the deceased's nationality or domicile. Movable assets follow the deceased's national law. In practice this means a will drafted abroad may distribute Turkish real estate in a way Turkish law will not fully accept.

Forced heirship: the reserved portion

Turkish law protects a reserved portion (saklı pay) for close family — children, spouse and, in defined situations, parents. A testator cannot freely disinherit them as to Turkish immovables. Heirs whose reserved portion is infringed can bring an action for abatement (tenkis), and there are time limits for doing so. If you have been told "the will settles everything", the will should be reviewed against Turkish law before anyone relies on it.

The certificate of inheritance

Turkish registries and banks require the Turkish certificate of inheritance (veraset ilamı). A grant of probate or a certificate issued abroad does not replace it. For foreign heirs the certificate is generally obtained from the court rather than a notary. You will need the death certificate and documents proving the family relationship — apostilled and translated by a sworn translator.

Inheritance tax and the transfer

An inheritance and transfer tax declaration is filed with the Turkish tax office; heirs resident abroad have longer filing periods. Tax applies progressively above annually indexed exemptions — in many family estates the amount is moderate. But the declaration is not optional: no tax clearance, no transfer at the land registry. Once cleared, the property is registered in the heirs' names.

The pattern we see: heirs wait "until things calm down", then discover that one co-heir has died in the meantime, adding their own heirs to the file. A simple transfer becomes a fifteen-party lawsuit. Time is the enemy in Turkish succession.

When heirs disagree

Co-ownership works while everyone agrees. When one heir wants to sell and another will not answer, the remedy is an action to end co-ownership (izale-i şüyu): the court orders division in kind or, failing that, sale by auction with proceeds distributed according to shares. Like everything else here, it can be run by your lawyer without your travelling.

Planning ahead

If you own property in Türkiye, three steps prevent most future disputes: confirm how Turkish law would distribute it, ensure your civil-status records in Türkiye are accurate, and — where a will is used — have it checked for compatibility with Turkish forced heirship. Planning is measured in hours; litigating a bad structure is measured in years.