Jurisdiction and Power of Attorney for Foreign Heirs in Turkish Inheritance Cases

Heirs who lose a foreign relative owning property in Turkey usually have two pressing questions: which court hears the case, and must I fly to Turkey for every hearing? General inheritance guides tend to answer both only in passing, yet identifying the correct court and preparing a properly drafted power of attorney is exactly what saves — or wastes — months of the process. This guide draws on our Antalya firm's experience handling files for heirs who live abroad.

When Do Turkish Courts Have Jurisdiction? The MÖHUK Framework

The applicable law and the jurisdiction of Turkish courts in cross-border inheritance disputes are governed by the Act on Private International Law and Procedure (MÖHUK, Law No. 5718). Under Article 20, succession is in principle subject to the deceased's national law — the law of the country of citizenship — but "Turkish law applies to immovable property located in Turkey." This means that even where the deceased was a foreign national domiciled abroad, Turkish law governs the succession of the Turkish real estate.

On jurisdiction, Article 40 provides that the international jurisdiction of Turkish courts is determined by the domestic venue rules. Article 43, specific to inheritance, is explicit: inheritance actions are heard by the court of the deceased's last domicile in Turkey; if the deceased had no domicile in Turkey, by the court where the estate assets are located. Because a foreign deceased who lived abroad has no Turkish domicile, the case is in practice filed at the court where the immovable is located. For an apartment or villa in Antalya, the competent venue is Antalya.

Which Court Is Competent: Civil Court of Peace or Civil Court of First Instance?

Once the venue is set, which court is functionally competent is a separate question that depends on the step involved:

• Civil Court of Peace (Sulh Hukuk Mahkemesi): Issuing the certificate of inheritance (veraset ilamı), determining and inventorying the estate, and protective measures fall to this court. A certificate of inheritance may also be obtained from a notary.
• Civil Court of First Instance (Asliye Hukuk Mahkemesi): The reduction action (tenkis) filed when a reserved share is infringed, the partition action filed when heirs cannot agree, simulation claims, and contested disputes over heirship status are heard here.

In practice the foreign heir's path is usually this: first obtain the certificate of inheritance in a non-contentious manner, then, if a dispute arises over the division, litigate a contested action before the Civil Court of First Instance.

Why Does a Foreign Heir Need a Power of Attorney?

An inheritance case is not a single hearing; service of process, expert examination, site inspection, witness testimony and interim decisions spread it across months, sometimes years. It is neither practical nor necessary for an heir living abroad to attend each of these hearings in person. Turkish procedural law allows a party to be represented through a lawyer; the document that makes this possible is a power of attorney executed abroad and made valid in Turkey.

Without a power of attorney, the lawyer cannot enter the file, carry out the title-deed transfer, or handle bank transactions. The most critical first step is therefore a power of attorney with a correctly defined scope. A power of attorney missing an authority forces the heir back to the consulate mid-process and causes weeks of delay.

Authorities a Turkish Inheritance Power of Attorney Should Grant

For a foreign heir to complete the entire Turkish inheritance process remotely, the power of attorney should at minimum expressly include:

• Litigation authority (dava vekâleti): to obtain the certificate of inheritance, to file reduction and partition actions, to represent in a pending action, to settle where appropriate, and to pursue appeals.
• Authority to act at the Land Registry (tapuda işlem yapma yetkisi): to register the immovable in the heirs' names, to make declarations before the land registry directorate, and, if needed, to carry out sale or transfer transactions.
• Authority to withdraw funds and handle bank accounts (bankadan para çekme yetkisi): to access the balance in the deceased's bank accounts, close the account, and collect the remaining amount.
• Tax and public-authority representation: to file the inheritance and transfer tax return and to represent the heir before the tax office and other official bodies.

When these authorities are combined in a single power of attorney, the heir can run the whole process — from certificate of inheritance to title transfer — without ever coming to Antalya.

Apostille, Consular Legalization, and Sworn Translation

For a power of attorney executed abroad to be accepted in Turkey, it must pass through a formal chain of authentication:

• Execution at a Turkish consulate: The safest route is to have the power of attorney drawn up directly in Turkish at the Turkish consulate in your country of residence. Such a document can be used in Turkey without further legalization or translation.
• Foreign notary + apostille: If the power of attorney is executed before a foreign notary, an apostille is added in countries party to the Hague Apostille Convention. In non-party countries the document is instead legalized in sequence by the relevant authority, the foreign ministry, and the Turkish consulate.
• Sworn translation: A power of attorney executed in a foreign language and apostilled must be translated into Turkish by a sworn translator in Turkey, and in most cases notarized.

Because these steps can take weeks, heirs are advised to begin preparing the power of attorney at the earliest stage after the death.

Frequently Asked Questions

Where is the case filed for a foreign deceased with no domicile in Turkey? Under Article 43 of MÖHUK, if the deceased had no domicile in Turkey, the case is filed at the court where the estate assets — typically the immovable — are located. For a property in Antalya, the competent venue is Antalya.

Is the entire estate of a foreign deceased subject to Turkish law? No. Under Article 20 of MÖHUK, succession is in principle subject to the deceased's national law; only immovable property located in Turkey is governed by Turkish law. For movable assets such as bank accounts, the home-country law may be decisive.

Do I have to attend every hearing? No. With a properly executed power of attorney your lawyer represents you at all hearings; as a rule, you do not need to come to Turkey.

What happens if an authority is missing from my power of attorney? The lawyer can only perform the transactions written in the power of attorney. If the land-registry authority is missing, for example, the transfer cannot be made and you will need a new power of attorney. Defining the scope broadly from the outset therefore saves time.

How Mona Hukuk Can Help

At MONA HUKUK in Antalya, we handle the entire process for foreign heirs remotely — from identifying the competent court and drafting the power of attorney to the certificate of inheritance and the title-deed transfer. We send you a tailored draft power of attorney suited to the consular or apostille process, then provide full representation before the Antalya courts, land registry directorates, and banks — so you obtain your rights without traveling to Turkey.

For a consultation in Antalya, write to contact@monahukuk.com or call +90 (242) 606 14 32.