Cross-Border Inheritance in Turkey: Assets in Multiple Countries

When someone dies holding property in Turkey and in one or more other countries, settling the estate becomes a cross-border legal challenge. Which country's law decides who inherits the Antalya apartment? Can a German probate order be used to close a Turkish bank account? Can a Turkish will cover assets in Spain? These questions come up regularly for foreign nationals — and for Turkish citizens who accumulated assets abroad. Turkey's Private International Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun — MÖHUK, Law No. 5718) provides the answers, and understanding them early saves families considerable time and cost.

Two Laws, One Estate: The Split Principle

The core rule is in Article 20 of MÖHUK: inheritance is governed by the deceased's national law — the law of their citizenship at the time of death. A British citizen who died owning property in Turkey and the UK will have their estate assessed primarily under English law.

There is, however, a firm and non-negotiable exception: real estate located in Turkey is always subject to Turkish law, regardless of the deceased's nationality. Turkey's Court of Cassation (Yargıtay) has upheld this rule consistently — it applies to apartments, land, and commercial premises throughout the country.

The practical result is that the estate splits from the moment of death. Turkish real estate sits in one legal compartment governed by the Turkish Civil Code. Bank accounts, shares, vehicles, and other movable assets sit in a separate compartment governed by the deceased's national law.

Turkish Real Estate: What Applying Turkish Law Means

When Turkish law governs a property, heirs must follow Turkish inheritance rules to transfer the title. That means:

• Statutory heirs are those defined by the Turkish Civil Code — spouse, children, parents, and siblings in the statutory order.
• The reserved share (saklı pay) protects close relatives. Even where a will attempts to exclude them, Turkish law guarantees certain relatives a minimum portion of Turkish real estate.
• A Turkish certificate of inheritance (veraset ilamı) issued by a Turkish court is the document that allows the title deed (tapu) to be transferred into the heirs' names.

One point foreign heirs often overlook: even if a foreign court has already settled the entire estate, a separate Turkish court proceeding is still required to transfer Turkish real estate. A foreign probate decision does not automatically update the Turkish land registry.

Movable Assets and the Deceased's National Law

For movable property — bank accounts, shares, vehicles, personal belongings — Article 20 of MÖHUK makes the deceased's national law the governing standard. Article 20(2) adds a practical layer: the opening of succession, its acquisition, and its partition are governed by the law of the country where those assets are actually located.

What this means in practice: a Turkish bank will require documentation that meets Turkish procedural standards, even if the underlying inheritance rights are determined under foreign law. Heirs typically need to demonstrate their entitlement under the foreign national law (who has the right to inherit) and comply with Turkish procedure (how the transfer is carried out locally).

Obtaining a Turkish Inheritance Certificate

Article 43 of MÖHUK sets out which Turkish court has jurisdiction. If the deceased had their last domicile in Turkey, that court handles the matter. If the deceased lived abroad, the court where the Turkish assets are situated takes jurisdiction.

Turkish courts regularly issue certificates of inheritance for foreign nationals. They apply the appropriate national law for movables and Turkish law for Turkish real estate. An apostilled foreign inheritance document can speed up this process — Turkish courts take it into account when issuing their own certificate. For a fuller explanation of the certificate procedure, see our guide on obtaining a certificate of inheritance as a foreign heir.

Recognising a Foreign Court Decision in Turkey

If a court in another country — a German probate court, a French notary's decision, a US surrogate court order — has already ruled on the estate, that decision cannot be directly enforced in Turkey. Recognition (tanıma) or enforcement (tenfiz) proceedings must be filed before a Turkish court under Articles 50–59 of MÖHUK.

The Turkish court verifies that the foreign decision is final, that the issuing court had proper jurisdiction, that both parties were properly served, and that the decision does not contradict Turkish public order. Once recognised, the foreign decision can be relied upon in Turkish proceedings. In inheritance cases, recognition is often followed by a separate application for a Turkish veraset ilamı, since the land registry requires a Turkish document for any title transfer.

For context on how foreigners' property rights interact with Turkish inheritance rules more broadly, see foreigners and property in Turkish inheritance law. For Turkish inheritance tax obligations that arise after the transfer, see our overview of inheritance tax in Turkey.

Frequently Asked Questions

Q: Can I use a foreign apostilled inheritance certificate to transfer a Turkish apartment?

No — not directly. Even with an apostille, a foreign certificate does not automatically trigger a title deed transfer in Turkey. You need a Turkish veraset ilamı from a Turkish court. The foreign certificate can, however, be submitted as supporting evidence, which generally shortens the Turkish proceedings.

Q: If the will leaves everything to one person but another country's law requires a forced share, what happens?

For Turkish real estate, Turkish law governs — the reserved-share rules of the Turkish Civil Code apply regardless of what the will says or what foreign law provides. For movable assets in another country, that country's own forced-share rules (if any) control. Different heirs may therefore prevail over different parts of the same estate.

Q: How long does the Turkish inheritance procedure typically take?

Uncontested cases with complete documentation often conclude in three to six months. Where a foreign court decision must first be recognised, or where heirs dispute the estate, the process can run considerably longer.

How Mona Hukuk Can Help

Our Antalya-based team handles cross-border inheritance matters for foreign nationals and Turkish citizens with assets spread across multiple countries. We advise on which law applies to each asset, prepare and file Turkish court applications, liaise with the land registry, and coordinate with foreign counsel where needed.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.