Inheritance & Estate Planning

Turkish Inheritance Law for Foreign Nationals

When a foreign national passes away owning assets in Türkiye — or when a foreign heir has a claim to a Turkish estate — the legal process can be surprisingly complex. Turkish inheritance law applies automatically to immovable property located in Türkiye, regardless of the deceased's nationality, and the procedures for claiming an inheritance differ significantly from those in most Western countries.

At Yilmaz Attorneys, we guide foreign heirs, surviving spouses, and executors through the Turkish inheritance process. Whether you are claiming property left by a family member, resolving a disputed estate, or planning for the future, we ensure the process is handled correctly and efficiently.

How Turkish Inheritance Law Works

Türkiye's inheritance rules are governed by the Turkish Civil Code. Key principles include:

• Forced heirship — Turkish law reserves specific shares of an estate for certain heirs (spouse, children, parents). These reserved shares cannot be overridden by a will, which means even a valid foreign will may not fully control the distribution of Turkish assets.

• Applicable law — For immovable property (real estate) in Türkiye, Turkish inheritance law applies regardless of the deceased's nationality. For movable assets, the law of the deceased's country of nationality generally applies.

• No automatic transfer — Unlike some jurisdictions, property does not automatically transfer to heirs upon death. A formal legal process is required to establish inheritance rights and transfer title.

The Inheritance Process

Claiming an inheritance in Türkiye typically involves the following steps:

• Certificate of inheritance (veraset ilamı) — A court-issued document that identifies the legal heirs and their shares. This is the essential first step for any inheritance claim.

• Tax clearance — Inheritance tax (veraset ve intikal vergisi) must be declared and paid before assets can be transferred. Tax rates and exemptions depend on the value of the estate and the heir's relationship to the deceased.

• Title deed transfer — For real estate, the certificate of inheritance and tax clearance are presented to the Land Registry Office to transfer the title deed into the heir's name.

• Bank account and financial asset transfer — Banks require the certificate of inheritance and additional documentation to release funds to rightful heirs.

Cross-Border Inheritance Issues

Inheritance cases involving foreign nationals often involve additional complexity:

• Coordinating between Turkish courts and foreign legal systems

• Apostille and authentication of foreign documents (death certificates, wills, powers of attorney)

• Determining which country's law applies to different categories of assets

• Resolving conflicts between Turkish forced heirship rules and foreign wills

• Representing heirs who cannot travel to Türkiye through power of attorney

Estate Disputes

Not all inheritance cases proceed smoothly. We represent clients in disputes including:

• Will contests — Challenging or defending the validity of a will under Turkish law.

• Partition actions — When co-heirs cannot agree on how to divide inherited property, the court can order a sale or physical division.

• Claims by reserved heirs — Actions to recover the legally reserved share (tenkis davası) when a will or lifetime gifts have reduced a forced heir's entitlement.

• Renunciation of inheritance — When an estate carries more debt than value, heirs may need to formally renounce their inheritance within the legal deadline to avoid liability.

Estate Planning

If you own property or assets in Türkiye, planning ahead can simplify the process for your heirs and minimize tax exposure. We advise on:

• Drafting wills that are valid and enforceable under Turkish law

• Structuring ownership to facilitate future transfers

• Understanding the interaction between Turkish and foreign inheritance rules

Why Work with Yilmaz Attorneys

Inheritance cases involving foreign nationals require both legal expertise and practical cross-border coordination. Many of our clients are dealing with the loss of a family member while simultaneously navigating an unfamiliar legal system in a foreign language. We handle the legal process with care and clarity, keeping our clients informed at every stage and managing the bureaucratic requirements on their behalf.

If you have an inheritance claim in Türkiye or need guidance on estate planning for Turkish assets, contact us for a consultation.