The Turkish Civil Code does not limit the right of inheritance to citizenship. For this reason, foreign nationals can also be heirs to assets in Turkey. However, the process of obtaining a Certificate of Inheritance (veraset ilamı) in cases involving foreign heirs differs from that of Turkish citizens and is subject to certain special legal conditions. The condition of reciprocity (mütekabiliyet) is of great importance, especially when the transfer of immovable property is concerned.

Below you will find the answers to frequently asked questions regarding the process for foreigners to obtain a Certificate of Inheritance in Turkey, the authority of the notary and the court, the required documents, and acting with a power of attorney from abroad.

📋 List of Frequently Asked Questions

1. Can foreigners be heirs in Turkey?
2. Can foreigners obtain a Certificate of Inheritance (veraset ilamı) in Turkey?
3. Who issues the Certificate of Inheritance in Turkey: the notary or the court?
4. Are Certificates of Inheritance obtained abroad valid in Turkey?
5. What documents are required to obtain a Certificate of Inheritance in Turkey?
6. Can the process be conducted by power of attorney?
7. What transactions can be carried out after obtaining the Certificate of Inheritance?

1. Can foreigners be heirs in Turkey?

Yes, they can. According to the Turkish Civil Code, the right to inherit is not limited by citizenship. Foreigners can be heirs to assets in Turkey and have the same rights as legal heirs. However, restrictions may apply in some special situations (e.g., if the real estate is located in a military restricted area).

2. Can foreigners obtain a Certificate of Inheritance (veraset ilamı) in Turkey?

Yes, they can. Foreign national heirs can also request a Certificate of Inheritance (veraset ilamı) in Turkey. This document shows who the heirs are and the inheritance share ratio of each one.

However, there are some legal differences in the issuance of Certificates of Inheritance for foreigners. The process changes, especially depending on whether the document relates to immovable or movable property. If immovable property (e.g., house, land) is involved, the courts first investigate whether there is reciprocity (mütekabiliyet) between Turkey and the country of the foreign heir's citizenship. If citizens of the relevant country are allowed to acquire immovable property in Turkey through inheritance, Turkish courts also grant the right to transfer immovable property through inheritance to the citizens of that country.

3. Who issues the Certificate of Inheritance in Turkey: the notary or the court?

For Turkish citizens, both notaries and Civil Courts of Peace (sulh hukuk mahkemeleri) can issue the Certificate of Inheritance (veraset ilamı). However, this rule is valid only for heirs who are all Turkish citizens.

The process works differently when foreign national heirs are involved.

• Notaries cannot issue a Certificate of Inheritance for foreign heirs.
• The fact that even only one of the heirs is a foreign national makes the notary procedure impossible for all heirs.
• In this case, the document can only be issued by the Civil Court of Peace.

Therefore, in every file involving foreign heirs, the application for a Certificate of Inheritance must be made through the court.

4. Are Certificates of Inheritance obtained abroad valid in Turkey?

No, Certificates of Inheritance obtained abroad are not considered directly valid in Turkey. In particular, Land Registry Directorates (Tapu) do not accept Certificates of Inheritance issued by foreign courts when processing transactions. Certificates of Inheritance prepared abroad can be presented as evidence when a new Certificate of Inheritance is requested in Turkey; however, they cannot be used directly for property transfer or bank transactions.

5. What documents are required to obtain a Certificate of Inheritance in Turkey?

For foreign nationals to obtain a Certificate of Inheritance (veraset ilamı) in Turkey, the following documents are generally requested:

• The deceased's death certificate – along with an apostille certificate and a notary-approved Turkish translation.
• The heir's passport or identity document.
• Foreign population registration sample (yabancı nüfus kayıt örneği) (showing the relationship of inheritance).
• Certificate of Inheritance issued abroad (if any, can be presented as evidence).
• If the transaction will be conducted by power of attorney: a notary-approved, apostilled, and translated-to-Turkish power of attorney.

The court may request additional documents or explanations if necessary, depending on the nature of the inheritance or the country's legislation.

6. Can the process be conducted by power of attorney?

Yes, it can. The foreign heir can, without coming to Turkey, prepare a notary-approved and apostilled power of attorney in their country of residence and send it to a lawyer in Turkey. With this power of attorney, the lawyer handles all Certificate of Inheritance procedures, including the application, follow-up, and document delivery.

7. What transactions can be carried out after obtaining the Certificate of Inheritance?

After obtaining the Certificate of Inheritance, the heirs can:

• Initiate land transfer (tapu intikali) procedures at the Land Registry.
• Withdraw bank deposits.
• Complete tax and official registration procedures.
• File lawsuits for inheritance sharing or sale, if necessary.