Law Applicable to Turkish Citizens' Assets Abroad

Introduction: The International Dimension of Heritage in a Globalizing World

The number of Turkish citizens living abroad or owning real estate, bank accounts, companies, vehicles, or investments in foreign countries is increasing every day. However, determining which country's laws apply to these assets creates serious problems.

The questions are usually as follows:

"Does Turkish inheritance law apply to my house in Germany?"
"How are funds transferred from bank accounts in France to children?"
"Which country has jurisdiction in the division of real estate located abroad?"
"Would an inheritance case filed in Türkiye be valid in a foreign country?"

All of these questions Articles 20-22 of the Turkish Private International Law Act . In the 2025 implementation, international inheritance and property sharing is a complex process involving the interaction of both Turkish and foreign legal systems.

1. Which Law Applies in Inheritance Cases? (Turkish Private International Law Act, Article 20)

The rule is very clear:

The national law of the deceased applies to a person's inheritance.

Therefore, when a Turkish citizen dies, inheritance law is generally Turkish law .
However, there is an important exception:

Real estate is subject to the laws of the country in which it was built.

Because:

House in Germany → According to German law,
Land in America → According to American law,
Villa in France → According to French law

It passes to the heirs.

This lex rei sitae .

2. Can a lawsuit be filed in Türkiye for real estate located abroad?

No.
An inheritance case filed in Turkey cannot establish a legal effect on foreign real estate.

Example:
"My brother bought the house in Germany, and I want it to be shared."

This demand should be made in Germany, not in Türkiye.

Turkish courts have jurisdiction only over goods located in Türkiye.

3. Which law applies to movable property located abroad?

Movable assets such as bank accounts, company shares, cars, etc., the deceased's national law, i.e., Turkish law.

Example:
A Turkish citizen's bank account in the UK belongs to:

His heirs,
Share ratios,
Reserved share rules

In this respect, it is subject to the provisions of the Turkish Civil Code.

However, English law applies to the transfer of the bank's account.
Therefore, both Turkish and foreign law come into play.

4. Which Law Governs Inheritance for Dual Citizens?

Inheritance of individuals with dual citizenship:

If he/she is a Turkish citizen,
If it maintains its ties with Türkiye

In general, to Turkish law .

However, since some countries prioritize their own citizenship, the laws of the two countries may conflict.
In this case, the solution is:

The legal agreements to be applied,
The country where the heritage was opened,
The country where the goods are located
is taken into consideration.

Dual citizenship legacies are one of the most complex areas.

5. Recognition of Inheritance Proceedings from Foreign Countries in Türkiye

If the inheritance was divided in a foreign country:

"Is there a need to file a new lawsuit in Turkish courts?"
Answer:

→ No, but recognition might be required.

For example, if an inheritance has been divided in Germany, a recognition or apostilled certificate of inheritance may be required for property transactions in Turkey .

6. Use of a Certificate of Inheritance Issued Abroad in Türkiye

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

For use in Türkiye:

Obtaining an apostille
Notarization,
Sworn translation,
Recognition
may be required in a Turkish court.

Some countries (such as Germany and France) accept apostilled inheritance certificates from Turkey.
However, if the shares of inheritance differ, a Turkish court will intervene.

7. How does the division of assets abroad work in a divorce case?

Property regimes differ from divorce law.
Therefore, the law applicable to property division abroad is:

The parties' choice of law,
Common dwelling,
The place where the marriage was established

It is determined according to criteria such as these.

Example:
In the case of a divorce between a Turkish couple living in Germany, the property regime German law.

If a lawsuit is filed in Türkiye, the court is obliged to apply German law.

8. Tax and Title Deed Issues for Assets Abroad

Each country applies its own inheritance tax.

Example:
Inheritance tax in France can go up to 45%.
Inheritance tax in Turkey is much lower.

Therefore, heirs should engage in tax planning.

For title transfer:

Foreign court decision,
Apostille,
Translation,
Authorization certificate,
Consular procedures
are required.

9. Can a lawsuit be filed in Türkiye regarding a Turkish citizen's assets abroad?

Only the following lawsuits can be filed:

Inheritance certificate case,
Determination of inheritance certificate,
Asset assessment,
Liquidation of the portion of the inheritance located in Türkiye.

However, Türkiye cannot make decisions regarding foreign real estate.

10. The Most Common Mistakes

The most common mistakes citizens make:

Filing a lawsuit in Türkiye regarding foreign real estate,
Applying the wrong national law,
Transactions with documents without an apostille,
Failure to declare dual citizenship,
Ignoring tax responsibilities,
Trying to use a foreign inheritance certificate directly in Türkiye.

These errors prolong processes for months.

Conclusion: Developing a legal strategy for assets abroad is essential

International heritage and property sharing:

Which country's laws will apply?
Which country's court has jurisdiction?
Tax liabilities,
Recognition and enforcement processes,
Rules for property transfer

It is a complex area that requires a combined approach.

With the right documents, the correct country selection, and a professional legal roadmap, the process for the 2025 application can be completed effortlessly both in Türkiye and abroad.

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