Obtaining a Certificate of Inheritance in Türkiye for Foreigners

 Can foreigners obtain a certificate of inheritance in Türkiye? Legal guide on inheritance certificates, civil courts, apostilles, translations, land registry and banking transactions.

What is a Certificate of Inheritance?

A certificate of inheritance, also known in practice as a probate certificate, is an official document that identifies the heirs of a deceased person and their respective shares of the inheritance. Without this document, heirs often cannot carry out transactions related to property deeds, banks, company shares, vehicles, taxes, or legal proceedings in Turkey.

It is possible for foreign nationals to obtain a certificate of inheritance in Türkiye. However, because the case involves a foreign element, the process must be handled more carefully than for Turkish citizens.

Can foreigners obtain a Certificate of Inheritance in Türkiye?

Yes. Foreigners can obtain inheritance certificates in Türkiye. This is especially relevant in the following cases:

• If the deceased foreigner owned real estate in Türkiye,
• If a foreign heir needs to transact with their assets in Türkiye,
• If you have a bank account, company shares, or a vehicle in Türkiye,
• If a title transfer is to be made,
• If a foreign court or notary document is not considered sufficient in Türkiye.

Obtaining a certificate of inheritance for foreigners allows them to prove their heirship to institutions in Türkiye.

Where can I obtain a Certificate of Inheritance?

In Türkiye, inheritance certificates can generally be obtained from two places:

1. From notary offices,
2. From the civil courts.

However, notaries may often be unable to process inheritance cases involving foreign elements. This is because issues such as foreign heirs, foreign population records, foreign death certificates, different citizenships, or the application of foreign law can create hesitations regarding notarial transactions.

Therefore, in foreign inheritance cases, the safest course of action is often to request a certificate of inheritance from the civil court.

Application to the Civil Court for Foreigners

A foreign heir or their representative may apply to the competent civil court in Türkiye to request the issuance of a certificate of inheritance. This application is considered a non-contentious judicial matter.

The following points should be explained in the petition:

• The deceased's identity information,
• Date of death,
• Citizenship,
• Assets located in Türkiye,
• Who the heirs are,
• Which documents prove the inheritance relationship?
• Documents are required to conduct transactions in Türkiye.

The court examines the submitted documents and determines the heirs and their shares.

Is a Foreign Inheritance Certificate Valid in Türkiye?

A certificate of inheritance obtained abroad may not always be directly usable in Türkiye. Especially if a property transfer is to be carried out in Türkiye, it is also considered whether the foreign court or notary document will be accepted in Türkiye.

In property transactions, it is often necessary to make a certificate of inheritance obtained from Türkiye, or a foreign document, usable under Turkish law. Therefore, if there is a foreign certificate of inheritance, it needs to be examined for apostille, translation, notarization, and, if necessary, recognition/approval by a Turkish court.

Apostille and Translation Requirement for Foreign Documents

Foreign nationals often need to present official documents from their foreign country to obtain a certificate of inheritance in Türkiye. These documents are not directly usable in Türkiye.

The following steps are usually required:

• Obtaining the document from the competent authority,
• Obtaining an apostille for the document
• The apostille certificate should also be translated
• Sworn translation into Turkish,
• The translation must be notarized.

If the document was obtained from a country that is not a party to the apostille system, consular authentication may be required instead of an apostille.

What documents are required?

Foreigners may need different documents to obtain an inheritance certificate in Türkiye, depending on the specific case. In general, the following documents are important:

• The testator's death certificate,
• The deceased's passport or identification information,
• Citizenship information of the deceased,
• Passports or identity documents of the heirs,
• Birth certificates,
• Marriage certificates,
• Divorce decisions,
• Population/family registration documents,
• Documents proving family relationship,
• Land registry records in Türkiye,
• Bank or company documents,
• Power of attorney,
• Apostille and notarized translations.

It is crucial that the documents are complete and consistent. Discrepancies in name, surname, date of birth, parents' names, or citizenship information may prolong the process.

How is the applicable law determined?

One of the most important issues in foreign inheritance cases is the applicable law. Under Law No. 5718 on International Private Law and Procedural Law, inheritance is generally subject to the national law of the deceased. However, Turkish law applies to immovable properties located in Turkey.

Therefore, if a foreigner owns a house, land, business premises, or other immovable property in Türkiye, Turkish inheritance law applies to that property.

With regard to bank accounts, company shares, or movable property, both the national law of the deceased and the rules of Turkish international private law should be considered together.

Inheritance Certificate for a Foreigner Who Owns Real Estate in Türkiye

If a foreign testator owns real estate in Türkiye, a certificate of inheritance is one of the mandatory documents for the transfer of title. Heirs can apply to the land registry office with this document to request the transfer of the property to their names through inheritance.

The following documents may be required for property registration transactions:

• Certificate of inheritance,
• Death certificate,
• Heir identities,
• Tax numbers,
• Title deed information,
• Inheritance and transfer tax procedures,
• Power of attorney,
• Apostilled and notarized translations of foreign documents.

Certificate of Inheritance for Bank Account

If a foreign national has a bank account in Türkiye, the bank will request inheritance documents from the heirs. Banks may request additional documents, especially for foreign heirs.

Generally for banking transactions:

• Certificate of inheritance,
• Death certificate,
• The heirs' passports,
• Tax clearance certificate,
• Power of attorney,
• Apostilled and translated documents

is necessary.

Can foreign heirs obtain documents without coming to Türkiye?

Yes. Foreign heirs can obtain a certificate of inheritance through a lawyer before coming to Türkiye. A valid power of attorney must be given to the lawyer for this purpose.

The power of attorney can be drawn up at the Turkish consulate or before a foreign notary, where the apostille and translation processes can be completed.

It is beneficial to clearly state in the power of attorney the authority to obtain inheritance certificates, file lawsuits, and conduct transactions with land registries, banks, tax authorities, and other relevant institutions.

The Most Common Problems Encountered When Obtaining a Certificate of Inheritance

The most common problems foreigners encounter when obtaining inheritance certificates in Türkiye are as follows:

• The death certificate being without an apostille,
• Missing birth or marriage certificates,
• Failure to prove the lineage of the heirs,
• Discrepancies in first and last names in foreign documents,
• Confusion of records due to multiple citizenships,
• Foreign court decisions are not directly recognized in Türkiye
• The fact that the divorce decrees are not recognized,
• The discrepancy between the deceased's property registration records in Türkiye and their foreign identity information
• Errors in the translation of the documents.

These issues may lead the court to request additional documents or to reject the request.

Does a Certificate of Inheritance Constitute a Final Judgment?

As a rule, a certificate of inheritance is not a final judgment. Interested parties may object to or file a lawsuit for the annulment of an incorrectly prepared certificate of inheritance.

Therefore, in foreign inheritance cases, it is important to obtain the certificate of inheritance with the correct documents and accurate share calculations. Otherwise, problems may arise in subsequent title deed, bank, or litigation processes.

Conclusion

It is possible for foreigners to obtain a certificate of inheritance in Türkiye, and this becomes mandatory, especially in cases involving real estate, bank accounts, company shares, or other assets in Türkiye.

In inheritance cases involving foreign elements, applying to the civil court is often a safer option than going to a notary. Death certificates, birth certificates, marriage certificates, genealogical documents, and foreign records must be submitted with an apostille, translation, and notarization.

Since Turkish law applies to real estate located in Türkiye, inheritance shares and transfer procedures must be determined accordingly. Missing documents, incorrect translations, or name discrepancies can significantly prolong the process.

Therefore, for foreign heirs, having the inheritance certificate process handled with professional legal support is crucial to prevent both wasted time and loss of rights.