obtained in Germany, France, the Netherlands, England, Switzerland, or another country by the heirs of a person who died abroad to be used . This becomes a significant legal issue, particularly if the deceased had real estate, a bank account, company shares, or other assets in Turkey, regarding how to use the foreign-issued certificate of inheritance before Turkish authorities.

However, having a certificate of inheritance obtained abroad translated into Turkish and apostilled does not automatically make the document valid for all transactions in Türkiye.

In order for a foreign inheritance certificate to be used in Turkey, it is first which authority issued . The document may be a foreign court decision; it may also have been issued by a foreign notary, civil registry office, or other competent administrative authority. This distinction directly affects the procedure to be followed in Turkey.

Specifically regarding the inheritance of immovable properties located in Türkiye, Article 37 of the Land Registry Law No. 2644 contains a special regulation concerning foreign inheritance certificates. The General Directorate of Land Registry and Cadastre also states that, as a rule, inheritance certificates obtained abroad must be approved by Turkish courts in order to be used in land registry transactions in Türkiye.

This article discusses the use of foreign inheritance certificates in Turkey , the apostille process, recognition proceedings, title transfers, bank accounts, and the legal nature of foreign inheritance documents from a practical perspective

What is a Foreign Inheritance Certificate?

, or legally known as a document of heirship, is a document that shows who the heirs of a deceased person are and their respective shares of the inheritance.

In Türkiye, this document is regulated under Article 598 of the Turkish Civil Code, while different names and procedures may exist in foreign legal systems.

For example, in foreign countries;

• certificate of inheritance
• certificate of succession,
• Certificate,
• Probate certificate,
• inheritance certificate
• court inheritance decision

Different types of documents can be prepared, such as these.

The name of the document alone is not decisive. What is truly important for its usability in Turkey is which authority issued it and under what legal power.

Is a foreign inheritance certificate valid in Türkiye?

A certificate of inheritance issued abroad may have legal effect in Türkiye. However, the document is not automatically usable in every case.

For example, a certificate of inheritance obtained in a foreign country;

• In Türkiye, regarding the transfer of ownership of immovable property to heirs through title deeds,
• When withdrawing money from a Turkish bank,
• in the transfer of company shares to heirs,
• in filing a lawsuit regarding the estate

Its use may be requested.

Each of these procedures has a different legal basis and the relevant institution has a different authority to review them.

Therefore, "A foreign inheritance certificate is valid in Turkey if it has an apostille" is incorrect.

An apostille serves to verify the official nature of a document. The implications of this document for inheritance matters in Türkiye require a separate legal examination.

Does an Apostille make a foreign inheritance certificate valid in Türkiye?

Alone, no.

The most common mistake in practice regarding apostilles is the belief that the apostille certification makes the content of a foreign document definitive and binding under Turkish law.

However, the primary function of an apostille is;

• authenticity of the signature on the document,
• the title of the signatory,
• the source of the seal or stamp on the document if necessary

It is to confirm.

An apostille does not necessarily mean that the heirs designated by a foreign authority are the same individuals under Turkish law.

Therefore, obtaining an apostille for a foreign inheritance certificate may be important; however, especially the transfer of title to immovable properties in Turkey, in most cases further proceedings must also be conducted before a Turkish court. The General Directorate of Land Registry and Cadastre's published procedure guide states that inheritance certificates issued by Turkish courts or those issued by foreign authorities and certified by Turkish courts will be considered as the basis for transfer transactions involving foreign individuals.

Is it necessary to file a recognition lawsuit for a foreign inheritance certificate?

The answer to this question depends on the nature of the document.

First, it must be determined whether the document is a judgment issued by a foreign court

Article 58 of Law No. 5718 on International Private Law and Procedural Law regulates the recognition of foreign court judgments in Türkiye. The same article states that the recognition of uncontested judicial decisions is also subject to these provisions.

Therefore, if the foreign inheritance certificate is in the nature of an uncontested judgment issued by a court or judicial authority, the recognition procedure may come into play.

However, if the foreign document was issued by a notary, a population registry office, or another administrative authority, rather than a court decision, it should be separately assessed whether the classic recognition lawsuit under Private International Law Act is applicable.

Therefore, it is incorrect to conclude that "a recognition lawsuit should be filed" based solely on the title of a foreign document.

What is the difference between recognition and enforcement?

In foreign inheritance certificates, recognition of paramount importance.

Recognition ensures that a foreign court decision is accepted in Türkiye as a final judgment or conclusive evidence.

Enforcement comes into play in cases where a foreign court decision needs to be executed in Türkiye through compulsory execution.

A certificate of inheritance is generally not an enforceable decision directly ordering monetary payment or the performance of a specific obligation. Its primary function is to identify the heirs and their respective shares of the inheritance.

Therefore, recognition is often the issue in inheritance documents.

However, if the foreign judgment contains enforcement provisions in addition to the determination of heirship, a different assessment may be made regarding the relevant parts of the judgment.

What does Article 37 of the Land Registry Law say about foreign inheritance certificates?

One of the most important special provisions regarding the transfer of immovable properties in Turkey to foreign heirs is Article 37 of the Land Registry Law No. 2644.

According to the latest statement from the General Directorate of Land Registry and Cadastre, in accordance with the article, the transfer procedures of foreign natural persons;

• Judgments issued by the courts of the Republic of Türkiye or
• obtained from the competent authority in a foreign country and certified by Turkish courts as being in accordance with Turkish inheritance procedures

It is stated that the process will be carried out based on inheritance documents.

Therefore, for example, a certificate of inheritance obtained from Germany is only valid if;

• obtaining an apostille
• Translation into Turkish,
• notarized

This may not be sufficient in every case for the transfer of title to a property in Türkiye.

Does a house in Türkiye automatically pass to an heir with a foreign inheritance certificate?

As a rule, it should not be assumed that the transfer of inheritance can be completed simply by submitting a foreign inheritance certificate directly to the land registry office.

For example, in Germany, the Erbschein document obtained from the German authorities after the death of a deceased person may state that their spouse and two children are the heirs.

Even if the deceased owned a house in Antalya, the fact that the German inheritance certificate is apostilled and translated does not automatically eliminate the process stipulated in Article 37 of the Land Registry Law.

The General Directorate of Land Registry and Cadastre explicitly states that, in order for a foreign inheritance certificate to serve as the basis for land registry transactions in Türkiye, it must be certified by Turkish courts.

Therefore, when planning a property transfer, it is necessary to determine in advance which court procedure in Türkiye the foreign document is subject to.

Could it be easier to obtain a new inheritance certificate in Türkiye?

In some cases, obtaining a certificate of inheritance directly from a Turkish court may be a more convenient method than having the foreign certificate of inheritance recognized or approved in Turkey

However, which method is faster or legally correct depends on the case.

Especially;

• the testator being a foreigner,
• the need to apply foreign law,
• presence of foreign spouses and children,
• the absence of population and family records in Türkiye,
• having a certificate of inheritance issued in a foreign country,
• Having real estate in Türkiye

In such cases, the court may examine foreign documents and, if necessary, foreign law.

According to Article 2 of the Turkish Code of Private International Law, the Turkish judge shall apply foreign law ex officio as permitted by Turkish conflict of laws rules and may request assistance from the parties in determining the content of foreign law.

Therefore, in foreign inheritance cases, obtaining a certificate of inheritance from a Turkish court may be more comprehensive than a standard domestic application for a certificate of inheritance.

Which law applies to real estate in Türkiye?

Another important issue regarding the use of foreign inheritance certificates in Türkiye is that the inheritance shares specified in the foreign document may differ from the inheritance shares determined by Turkish law.

According to Article 20 of the Private International Law Act;

Inheritance is generally subject to the national law of the deceased; however, Turkish law applies to immovable properties located in Türkiye.

This provision is extremely important.

For example, a certificate of inheritance issued in a foreign country might award half of the estate to the spouse according to that country's laws. However, the application of Turkish law regarding real estate located in Türkiye could result in different inheritance shares being calculated.

Therefore, it should not be assumed that the percentages in the foreign inheritance certificate will be applied exactly to the property in Türkiye.

Does a foreign inheritance certificate need to be translated into Turkish?

In Türkiye, as a rule, foreign documents to be submitted to official institutions must be translated into Turkish.

Depending on the country where the document was issued and the institution where it will be used;

• apostille
• Turkish consulate certification,
• sworn translation,
• notary approval

It may come up on the agenda.

International conventions to which Türkiye is a party, or bilateral agreements with the relevant country, may eliminate or facilitate certain document authentication procedures.

Therefore, before sending a foreign inheritance certificate to Türkiye, it is important to check which authentication procedure the document is subject to.

Can a foreign inheritance certificate without an apostille be used?

It depends on the country where the document was issued.

The apostille system is applicable if the country concerned is a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, dated 5 October 1961

However, if the country is not a party to the Apostille Convention, different procedures such as consular authentication may be required.

If there is a bilateral or multilateral agreement between Türkiye and the relevant state that exempts official documents from authentication, an apostille may not even be required.

Therefore, it is incorrect to definitively state that an "apostille is mandatory" without knowing the country of origin of the foreign inheritance certificate.

Can a foreign inheritance certificate be used in a bank in Türkiye?

The scope of application for foreign inheritance certificates is not limited to property deeds.

The deceased is in Türkiye;

• term or demand deposit bank account,
• foreign currency account
• investment account
• safe deposit box
• securities

It can be found.

If a foreign inheritance certificate is submitted to the bank, the bank may request that the heirship be sufficiently proven in Türkiye.

The specific provisions of Article 37 of the Land Registry Law regarding immovable properties do not apply directly here. However, this does not mean that foreign inheritance certificates must be accepted directly by every bank.

Specifically, the bank;

• death certificate
• Certificate of inheritance valid in Türkiye,
• apostilled foreign documents,
• translation,
• heir identity documents,
• tax documents

can request.

Therefore, the usability of a foreign inheritance certificate for banking transactions should be evaluated on a case-by-case basis, specific to the bank and the specific file.

Is it possible to acquire company shares in Türkiye using a foreign inheritance certificate?

If the deceased was a shareholder in a joint-stock or limited liability company established in Türkiye, the company shares may also be included in the estate.

Regarding the use of the foreign inheritance certificate within the company;

• company type,
• nature of shares,
• Articles of Association
• share register,
• trade registry transactions
• inheritance law to be applied

They should be evaluated together.

Especially when a foreign national is an heir, it may be necessary to examine not only inheritance law but also the Turkish Commercial Code and specific legislation related to the company's field of activity.

Which court should be applied to for the recognition of a foreign inheritance certificate?

If a foreign court decision needs to be recognized, jurisdiction and competence are determined according to the provisions of the Private International Law Act.

According to Article 51 of the Private International Law Act, the competent court for enforcement decisions is the court of first instance. Regarding recognition, the relevant recognition provisions apply due to the reference in Article 58 of the Private International Law Act.

However, depending on the nature of the inheritance certificate;

• Recognition of foreign court judgments
• Authentication of foreign documents,
• Obtaining a new inheritance certificate in Türkiye

There may be different legal avenues available.

Therefore, in an application concerning a foreign inheritance certificate, the legal nature of the document must first be determined.

In a recognition case, will the merits of a foreign inheritance certificate be re-examined?

A recognition lawsuit is not a new inheritance case where the merits of a decision rendered in a foreign country are reviewed from beginning to end.

Turkish courts primarily assess whether the conditions stipulated in the Private International Law Act for the recognition of a foreign judgment in Türkiye are met.

In accordance with Articles 54 and 58 of the Private International Law Act;

• the decision being final,
• The fact that it was not given on a matter falling within the exclusive jurisdiction of Turkish courts,
• not being clearly contrary to public order
• providing the necessary guarantees regarding the right to defense

Factors such as these are important.

However, with regard to real estate in Türkiye, specific rules concerning the application of Turkish law must also be taken into account.

Does a foreign inheritance certificate need to be final?

If a foreign court decision is to be recognized in Türkiye under the Private International Law Act, it is important that the decision has become final according to the laws of the relevant country.

Therefore, generally;

• Original or duly certified copy of the foreign court decision,
• finalization document,
• apostille or required certification,
• Turkish translation

Documents such as these come to light.

Article 53 of the Turkish Code of Private International Law regulates the documents to be attached to the petition for enforcement of a foreign judgment. The relevant provisions also apply to recognition.

Can a recognition lawsuit be filed for a certificate of inheritance obtained from a foreign notary?

Caution is advised at this point.

The recognition provisions of the Turkish Code of Private International Law foreign court judgments .

Therefore, it is not always possible for a certificate of inheritance issued by a foreign notary or administrative authority to be recognized as a foreign court decision in the classical sense.

However, Article 37 of the Land Registry Law provides for a special system for inheritance certificates issued by foreign authorities.

Therefore, the legal procedure to be followed may vary depending on whether the foreign inheritance certificate was obtained from a notary, a court, or another authority.

The first step in practice is not simply to translate the document, but to determine the legal status of the issuing authority and the nature of the document under the foreign legal system.

Is the European Heritage Certificate directly valid in Türkiye?

The European Certificate of Succession, used among European Union countries , provides significant advantages in cross-border inheritance procedures.

However, Türkiye is not a member of the European Union.

Therefore, it is unacceptable to assume that the European Heritage Certificate would automatically have the same direct effect in Türkiye as it does in an EU member state.

When the document is to be used in Türkiye, Turkish international private law rules and Turkish legislation, primarily the Land Registry Law, will apply according to the nature of the transaction.

Therefore, for example, possessing a European Heritage Certificate issued in Germany or France does not automatically mean that a property in Türkiye will be registered in the land registry in the name of the heirs.

What happens if the foreign inheritance certificate doesn't mention any properties in Türkiye?

Inheritance documents issued in foreign countries often do not list all of the deceased's assets individually.

The document only contains:

• who the heirs are,
• inheritance shares
• will or legal heirship status

It may have been shown.

The fact that the property in Türkiye is not explicitly listed in the document does not, by itself, negate the right to inheritance.

However, when transactions are carried out regarding real estate in Türkiye, Turkish law, which is applicable to the real estate located in Türkiye, will also be taken into consideration in accordance with Article 20 of the Private International Law Act.

What happens if the inheritance shares in a foreign inheritance certificate differ from those in Turkish law?

This possibility is quite significant.

For example, according to the laws of a foreign country;

• The surviving spouse's share is 1/2
• The children's share is the remaining 1/2

It may have been determined as such.

However, according to Turkish law, when a surviving spouse inherits together with descendants, they may receive a different share of the inheritance.

Due to the application of Turkish law to properties located in Türkiye, it may not always be possible to accurately transfer the inheritance shares stated in a foreign inheritance certificate to the land registry.

Therefore, when examining a foreign inheritance certificate, it is necessary to look not only at the names of the heirs but at which country's laws determine the share ratios in the document .

Procedures for Using a Foreign Certificate of Inheritance in Türkiye

Although it may vary depending on the specific case, the following steps can generally be followed when using a foreign inheritance certificate in Türkiye:

1. The foreign authority that issued the certificate of inheritance is identified.
2. It is determined whether the document is a court decision, a notarized document, or an administrative document.
3. If it is a decision, its finality status is checked.
4. International agreements between Türkiye and the relevant country are examined.
5. It is determined whether an apostille or consular certification is required.
6. A Turkish translation of the document is prepared.
7. The procedure to be followed in Türkiye will be determined.
8. If necessary, recognition of the foreign court decision is requested.
9. If a title deed transaction is involved, the necessary court procedure is completed in accordance with Article 37 of the Title Deed Law.
10. If necessary, a certificate of inheritance can also be obtained in Türkiye.
11. Tax and related institutional procedures are completed.
12. Inheritance transfers are carried out through real estate, bank accounts, or other assets.

Not all of these steps need to be followed in every foreign inheritance case.

How to Transfer Title Deeds with a Foreign Inheritance Certificate?

In cases involving immovable property in Türkiye, Article 37 of the Land Registry Law should be considered first in terms of title transfer.

The General Directorate of Land Registry and Cadastre's guide for transactions involving foreigners states that in inheritance transactions involving foreign individuals, the certificate of inheritance must be issued by a court of the Republic of Turkey or, if issued by a foreign authority, must be certified by Turkish courts.

During the transfer of title deeds;

• heir's passport or identity document,
• If there is representation, a power of attorney
• inheritance certificate
• necessary translations,
• real estate information

It may be requested.

Legal restrictions regarding the acquisition of immovable property by a foreign heir will be evaluated separately.

Does the fact that the heir is a foreigner prevent the use of the inheritance certificate?

No.

It is generally possible for a foreign person to be an heir in Türkiye.

The General Directorate of Land Registry and Cadastre also clearly states that the restrictions on foreigners acquiring real estate are not the same issue as the right to inherit . When real estate is transferred to a foreigner through inheritance, the transfer process is carried out first, and then whether the person can retain ownership of the property is evaluated within the framework of the regulations on foreign real estate acquisition.

Therefore, a foreigner being an heir and the inherited property remaining in the foreigner's ownership are separate issues.

Frequently Asked Questions

Is a certificate of inheritance obtained abroad valid in Türkiye?

It can be used in Türkiye; however, direct processing is not always possible. Depending on whether the document is a court decision, a notarized document, or another document from an authorized authority, recognition, authentication, or obtaining a new certificate of inheritance in Türkiye may be required.

Is it possible to transfer title deeds with an apostilled foreign inheritance certificate?

An apostille alone is not sufficient in all cases. According to Article 37 of the Land Registry Law, a certificate of inheritance obtained from a foreign authority may need to be authenticated by a Turkish court for the transfer of immovable property in Türkiye.

Can a recognition lawsuit be filed for a foreign inheritance certificate?

If the document is a decision of a foreign court or judicial authority, the recognition provisions of the Turkish Code of Private International Law may apply. If the document was issued by a notary or administrative authority, the legal method must be determined separately.

Are apostille and recognition the same thing?

No. An apostille verifies the official source of a document. Recognition, on the other hand, ensures that a foreign court decision has legal effect in Türkiye.

Does a foreign court decision need to become final?

Under the Turkish Code of Private International Law, the foreign court decision sought to be recognized must be final according to the laws of the relevant country. It is important to submit the document proving finality during the application process.

Is an Erbschein obtained from Germany valid in Türkiye?

The Erbschein is an important document that can be used in inheritance proceedings in Türkiye; however, it should not be assumed that it is sufficient on its own for the direct transfer of ownership of real estate in Türkiye to the heirs. The necessary procedures must be evaluated before a Turkish court in accordance with Article 37 of the Land Registry Law.

Is the European Heritage Certificate valid in Türkiye?

The document may be important as evidence and proof of inheritance; however, since Türkiye is not an EU member, its automatic effect within the European Union does not apply to Turkey. Necessary procedures must be carried out separately under Turkish law.

Can a foreign inheritance certificate be used at a bank?

It is possible, but it cannot be said that the bank is obligated to make a payment based solely on foreign documents. The bank may request a valid inheritance certificate from Türkiye and other supporting documents.

Is a Turkish translation of a foreign inheritance certificate sufficient?

No. Translation only ensures that the document is understood in Turkish. Whether additional procedures such as apostille, consular authentication, recognition, or Turkish court authentication are required must be evaluated separately.

Is it possible to obtain a new inheritance certificate in Türkiye?

Depending on the specific circumstances of the case, it may be possible to obtain a certificate of inheritance from a civil court in Türkiye. In some cases, this approach may be more convenient than attempting to directly use a foreign document.

Conclusion: The nature of the foreign inheritance certificate is decisive in its use in Türkiye

It is possible to use a certificate of inheritance obtained in a foreign country in Türkiye. However, the fact that the foreign document is apostilled and has a Turkish translation does not automatically make it valid before every institution in Türkiye.

First, the foreign inheritance certificate;

• in which country,
• by which authority,
• on what legal basis,
• Is it a court decision, or an administrative or notarized document?

It must be determined that it was arranged.

If the document is in the nature of a foreign court judgment, a recognition procedure under the Private International Law Act may be relevant. If the document was issued by a foreign notary or other authorized authority, a different legal procedure may be required depending on the purpose for which the document will be used.

Article 37 of the Land Registry Law is of particular importance , especially with regard to immovable properties located in Turkey . For inheritance certificates issued by foreign authorities to serve as the basis for title transfer, the necessary procedures may need to be completed before Turkish courts.

Furthermore, the application of Turkish law to immovable properties located in Turkey, pursuant to Article 20 of the Private International Law Act , may prevent the automatic application of inheritance shares specified in foreign inheritance certificates to immovable properties in Turkey.

Therefore, the most sound method for using a foreign inheritance certificate in Turkey is to determine the procedure to be followed by evaluating the legal nature of the document, the institution where it will be used, and the type of assets located in Turkey, before initiating the apostille or translation processes.