Foreigners Being Heirs in Türkiye

Introduction: How Extensive Are the Inheritance Rights of Foreigners in Türkiye?

Every year in Türkiye, thousands of foreigners acquire the status of heirs upon the death of Turkish citizens or foreigners residing in Türkiye and participate in the distribution of inheritance. Specifically:

Foreigners married to Turkish citizens,
Foreigners who own property or make investments in Türkiye,
Dual citizens,
Foreign children living in Türkiye

It holds a critical position in inheritance law.

However, whether foreigners can be heirs in Turkey, to what extent they can inherit, and which properties are subject to restrictions are evaluated separately under the Turkish Civil Code, the Private International Law Act, and the Land Registry Law.

1. It is generally possible for foreigners to be heirs in Türkiye

Turkish law generally accepts foreigners as heirs in Turkey.

According to Article 20 of the Private International Law Act:

In the distribution of inheritance, the national law,
In real estate, the law of the place where the property is located applies.

Therefore, foreigners:

Real estate inheritance,
Bank account,
Company shares,
Vehicle,
Receivables,
Money

They can take over all assets, such as those mentioned.

2. Restrictions on Foreigners Acquiring Immovable Property in Türkiye

Foreigners are subject to certain restrictions.

A. Restriction According to Article 35 of the Land Registry Law

Foreigners in Türkiye:

Can acquire real estate,
They can inherit real estate.

However:

The reciprocity requirement no longer applies (2012 reform).
A total area limit applies (30 hectares per district).
in military restricted areas .
Ministry approval may be required for some strategic areas.

B. Does a Restriction Prevent the Transfer of Real Estate?

No.
for a foreign heir to acquire real estate in the initial stages.
However, in cases such as the property's proximity to a military zone, the land registry office requests an opinion from the security unit.

3. Inheritance Share of a Foreign Spouse in Türkiye

The inheritance share of a foreign spouse married to a Turkish citizen in Turkey entirely subject to the Turkish Civil Code.

In other words, a foreign spouse:

If there are descendants 1/4,
If there are parents 1/2,
If there are no heirs, then the entire amount.

He has inheritance rights over it.

The rights of a foreign spouse equal to ; there are no restrictions.

4. Inheritance Status of Dual Citizens

When evaluating the inheritance of those with dual citizenship:

Both Turkish citizenship and foreign citizenship are considered together.
Inheritance distribution is done according to Turkish law.
The laws of the foreign country apply to real estate located in that country.

Dual citizenship makes inheritance disputes one of the most complex areas

5. The competent court in inheritance cases in Türkiye

If there is real estate involved: The Civil Court of Peace in the location where the real estate is situated,
For movable property: The court of the deceased's last place of residence.
If the foreigner has Turkish inheritance: The court will determine the court based on the deceased's connection to Türkiye.

Foreigners can file inheritance lawsuits, be a party to a lawsuit, and claim compensation in Türkiye.

6. Are Foreign Court Inheritance Certificates Valid in Türkiye?

Inheritance certificates issued in foreign countries are not automatically valid in Turkey.

The following steps are required for validity:

Apostille,
Consular certification (if no apostille is required),
Sworn translation,
Recognition/adaptation process in Turkish courts

Inheritance documents from some countries (e.g., Germany) are accepted without problems in practice; however, a Turkish court may still be required for the proceedings.

7. Documents Required for Foreigners to Acquire Real Estate in Türkiye

For property registration procedures:

Certificate of inheritance (apostilled),
Tax number,
Power of attorney (if required),
Passport,
As a result of the security investigation conducted by the Land Registry Office,
Fees and taxes
must be paid.

The foreign heir is free to sell or transfer the property.

8. Principles Applied in International Heritage Disputes

Lex Rei Sitae

The absolute application of the laws of the country where the property is located.

National Law Principle

If the deceased is a Turkish citizen, the inheritance is distributed according to Turkish law.

Principle of Public Order

Foreign law shall not be applied if it leads to consequences that are contrary to Turkish public order.

9. Most Common Problems

Foreign heirs frequently encounter the following problems:

Inability to obtain a certificate of inheritance in Türkiye,
Rejection of a document without an apostille
The transfer of title is being held up by a security investigation
Banks not making payments to foreigners,
The application of the wrong national law,
Double taxation issues.

In 2025, Türkiye began implementing digital inquiry and accelerated security review processes for inheritance transactions involving foreigners.

10. Similar Practices in Foreign Countries (Comparative Examples)

A. Germany

Foreigners can inherit immovable property without any restrictions.

B. USA

It varies by state; however, there are no general obstacles for foreign heirs.

C. France

The mandatory share system is strict; foreigners are also subject to the same rules.

D. England

Inheritance law is more flexible; there are no restrictions on foreign heirs.

The practice in Türkiye is consistent with those in these countries.

Conclusion: The system allowing foreigners to inherit in Türkiye is based on broad rights and has few restrictions

The system regarding foreigners becoming heirs in Türkiye, as of 2025:

Free,
Property protector,
In accordance with public order,
that is in line with international standards
.