How are inherited properties located abroad distributed in Türkiye?
1. Introduction: Transboundary Inheritance Disputes
Today, many Turkish citizens or dual citizens leave behind real estate, bank accounts, or company shares abroad. In such cases, the distribution of inheritance must be evaluated not only according to Turkish law but also according to the laws of the relevant foreign country.
The distribution of inherited property located abroad in Türkiye is determined according to the rules of international private law. This process is technical and multifaceted.
2. How is the Applicable Law Determined?
The fundamental regulations governing international inheritance disputes of the Law on Private International Law and Procedural Law (MÖHUK).
According to the Private International Law Act:
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With regard to immovable property → The law of the country where the immovable property is located applies.
-
With regard to movable property → The national law of the deceased applies.
This distinction is extremely important.
3. Properties Abroad
For example, if there is real estate in Germany, the inheritance of that property is carried out according to German law.
Turkish courts cannot directly issue ownership decisions regarding real estate located in foreign countries. These matters must be handled through the courts of the relevant country.
4. The Impact of Inheritance Cases Filed in Türkiye
A certificate of inheritance obtained from Turkish courts may not be directly valid abroad.
In this situation:
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Apostille process
-
Sworn translation
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Recognition or enforcement lawsuit
It may be necessary.
5. Recognition and Enforcement of Foreign Court Judgments
In order for inheritance decisions made abroad to be valid in Türkiye, a recognition or enforcement lawsuit must be filed.
These cases are heard in the Civil Court of First Instance.
For recognition/enforcement:
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The decision has become final
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It should not be contrary to Turkish public order
-
Reciprocity requirement
is sought.
6. Dual Citizenship and Inheritance
If the deceased had dual citizenship, the applicable law will be assessed separately.
According to the Turkish Code of Private International Law, if a person has multiple citizenships, only Turkish citizenship is considered.
This situation can be a determining factor in inheritance distribution.
7. Bank Accounts Abroad
In addition to real estate, bank accounts and investment accounts are also subject to inheritance.
To access these accounts:
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inheritance certificate
-
International document verification
-
Relevant country banking procedures
is necessary.
8. Tax Aspect
One of the most critical issues in international heritage sharing is tax liability.
Taxes may arise both in Türkiye and in the country where the property is located. Double taxation agreements are important in this regard.
9. Determining the Content of Foreign Law
In cases where foreign law should be applied, Turkish courts investigate the content of the relevant country's law.
This research:
-
Expert
-
Consular correspondence
-
Official legal texts
This can be done through.
10. Is Fraudulent Transfer of Inheritance Valid Abroad?
The concept of fraudulent transactions by the deceased, unique to Turkish law, is not recognized in the same way in every country.
A transfer of real estate made in a foreign country may be considered valid under the laws of that country.
Therefore, the legal strategy should be determined according to the relevant country's law.
11. European Union Regulations
EU countries have specific regulations for inheritance disputes. The European Inheritance Regulation may be applicable in some cases.
However, since Türkiye is not an EU member, direct application is assessed on a case-by-case basis.
12. Court of Appeals Practice
In international inheritance disputes, of the 2nd and 11th Civil Chambers of the Supreme Court of Appeals instructive.
The Supreme Court explicitly emphasizes that the law of the place where the immovable property is located should be applied.
13. How Should the Process Be Managed?
The following steps should be followed in international heritage sharing:
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Obtaining the certificate of inheritance
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Identification of domestic and foreign elements of the estate
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Determining the applicable law
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If necessary, a recognition/enforcement lawsuit may be filed
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Calculation of tax liabilities
14. Most Common Problems
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The belief that real estate located abroad can be divided in Türkiye
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Ignoring tax obligations
-
Transactions are processed without recognition/enforcement
-
Misapplication of foreign law
These errors can lead to serious rights violations.
15. Conclusion: A Multilayered and Technical Field
The distribution of inherited property located abroad is subject to international private law rules, unlike classic inheritance cases. The law of the country where immovable property is located is decisive, while the national law of the deceased is important for movable property.
Therefore, in international heritage disputes, both Turkish law and foreign law should be analyzed together; and the correct litigation and recognition processes should be planned.
In cross-border inheritance cases, a strategic and disciplined legal approach is critical for the healthy management of the process.
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