When a foreign owner of a home in Türkiye dies, the family often has to deal with two legal systems: their own country’s and Türkiye’s. This guide explains who inherits Turkish property, how wills fit in, how to get a certificate of inheritance and how the title deed passes to the heirs. It reflects the rules as of November 2026.
- Which country’s law applies?
- Who inherits when there is no will
- Reserved portions (saklı pay) and your will
- Types of will under Turkish law
- Wills made abroad
- The certificate of inheritance
- Renouncing an inheritance (reddi miras)
- Transferring the title deed (intikal)
- Can foreign heirs keep the property? (reciprocity)
- Typical timeline
- Frequently asked questions
Key points
- Turkish law applies to land and buildings in Türkiye, whatever the nationality of the person who died.
- A surviving spouse takes 1/4 of the estate alongside children, 1/2 alongside the parents’ line and 3/4 alongside the grandparents’ line.
- Children, parents and the spouse have reserved portions (saklı pay) that a will cannot take away. Siblings do not.
- A will made abroad can be valid in Türkiye, but it cannot override reserved portions on Turkish property.
- Where there is a foreign element, a notary cannot issue the certificate of inheritance. You need the civil court of peace (sulh hukuk mahkemesi).
- An inheritance can be renounced within three months.
- For tax, see our separate guide to inheriting property in Turkey.
This is general information, not legal advice; consult a Turkish lawyer about your own situation.
Which country’s law applies?
Article 20 of Türkiye’s private international law statute, Law No. 5718 (MÖHUK), says inheritance is governed by the deceased’s national law, but "Turkish law applies to immovables located in Türkiye".
This often splits a foreign estate in two:
- Property in Türkiye (a villa, flat or plot) passes under the Turkish Civil Code (Law No. 4721): Turkish rules on who inherits, how much and what a will may do.
- Movable assets such as bank accounts are, as a rule, governed by the deceased’s national law.
So a British or German owner’s flat in Fethiye follows Turkish succession rules even if the rest of the estate is handled at home. Article 20 also says an heirless estate in Türkiye passes to the Turkish state.
Who inherits when there is no will
Turkish law groups blood relatives into classes (zümre). A closer class excludes the ones after it.
- First class: descendants. Children inherit equally. A child who died earlier is replaced by their own descendants. Legally adopted children inherit like biological children.
- Second class: parents. With no descendants, the mother and father inherit equally. A parent who died earlier is replaced by their descendants (the deceased’s siblings, nephews and nieces).
- Third class: grandparents and, in their place, their descendants (uncles, aunts and cousins).
The surviving spouse belongs to no class but inherits alongside every class (Civil Code Article 499):
- with descendants: 1/4;
- with the parents’ line: 1/2;
- with grandparents and their children: 3/4;
- with none of these: the whole estate.
Example. An owner leaves a spouse and two children. The spouse takes 1/4 and each child takes 3/8.
With no heirs at all, the estate passes to the state (Article 501). Under Article 652, if the couple’s home is in the estate, the surviving spouse can ask for ownership of it to be allocated against their share, or, for good reason, a right of usufruct or residence.
Reserved portions (saklı pay) and your will
Under Article 506, certain relatives have reserved portions:
- descendants: half of their legal share;
- each parent: a quarter of their legal share;
- surviving spouse: the whole legal share alongside descendants or the parents’ line, otherwise three quarters of it.
Siblings lost their reserved portion in 2007.
In practice. For a spouse and two children, the spouse’s reserved portion is the full 1/4 and each child’s is half of 3/8, so 3/16. The owner can freely leave the remaining 3/8 of the Turkish property by will.
Many foreign wills say "everything to my spouse". For Turkish property, the children can challenge this to the extent it infringes their reserved portions, through a reduction claim (tenkis davası). Under Article 571, it must be brought within one year of learning of the infringement and at most ten years after the will is opened.
Types of will under Turkish law
You must be at least 15 and have the capacity to understand what you are doing (Article 502). There are three forms:
- Official will (resmi vasiyetname): drawn up by an official, usually a notary, with two witnesses present (Article 532).
- Handwritten will (el yazılı vasiyetname): written entirely in the testator’s own hand, with the year, month and day, and signed (Article 538). It can be deposited with a notary. A typed, signed document does not qualify.
- Oral will: only in extraordinary circumstances that make a written will impossible. It lapses one month after the testator could make a will in another form.
Whoever holds a will must hand it to the civil judge of peace on learning of the death (Article 595). The judge opens it and reads it to the interested parties within one month (Article 596). Opening does not decide whether it is valid.
Wills made abroad
Under MÖHUK Article 20, a will is valid in form if it meets the form rules of the country where it was made, or of the deceased’s national law. But:
- Form is not substance. A valid foreign will still cannot override reserved portions on Turkish property.
- Apostille and translation. Foreign official documents generally need an apostille (or consular legalisation for countries outside the Hague Apostille Convention) and a sworn Turkish translation, often notarised. Missing ones are a common reason for rejection. See our guide to sworn translators and notaries.
- Foreign court decisions are not automatically effective. They may need recognition (tanıma) or enforcement (tenfiz) by a Turkish court, and decisions on rights over Turkish real estate may not be recognised, because Turkish courts have exclusive jurisdiction.
- You can also make a separate Turkish will for the Turkish property, ideally with a lawyer checking that it fits your home-country will.
The certificate of inheritance
Heirs acquire the estate automatically on death, but to act at the land registry or a bank they need a certificate of inheritance (mirasçılık belgesi, still widely called veraset ilamı). Under Article 598, it is issued by a civil court of peace or a notary.
Notary route. This is the quick option for purely Turkish cases, based on Turkish civil registry records.
Foreign-national route. The regulation on notarial certificates of inheritance bars notaries from issuing one where the request has a foreign element, where population records are insufficient or where witnesses or expert evidence are needed. The application then goes to the civil court of peace:
- The court of the deceased’s last residence in Türkiye has jurisdiction. Failing that, the court where estate assets are located does (MÖHUK Article 43).
- The court applies Turkish law to Turkish real estate.
- Expect to provide the death certificate, proof of family relationships (birth and marriage certificates) and any will, each apostilled and translated.
- A certificate issued abroad cannot simply be used for Turkish real estate. You need a Turkish one.
The certificate is presumed correct until shown otherwise, and its validity can be challenged at any time.
Renouncing an inheritance (reddi miras)
Renouncing matters if the estate has debts. Under Articles 606 and 609:
- the deadline is three months, for legal heirs normally from learning of the death;
- the declaration is made orally or in writing to the civil court of peace;
- it must be unconditional and cover the whole inheritance;
- the judge can extend the deadline for important reasons (Article 615).
Treating estate assets as your own can cost you the right to renounce. Heirs abroad can act through a representative with a specific power of attorney. If the estate was clearly insolvent at death, it is deemed renounced without a declaration.
Transferring the title deed (intikal)
The land registry (tapu müdürlüğü) where the property is located registers it in the heirs’ names on the basis of the certificate of inheritance, with no sale contract. You can apply through Web Tapu or at the office, and an appointment is given after the service fee is paid.
Typical documents:
- the certificate of inheritance;
- the death certificate, heirs’ passports and Turkish tax numbers;
- the inheritance tax clearance letter (ilişik kesme yazısı). The registry will not complete the transfer without it;
- the DASK earthquake insurance policy and municipal property value document;
- powers of attorney for heirs who are not present.
Fees. No sale-type title deed fee is charged on inheritance. A registry service fee applies. A later sale pays the normal fee.
Joint ownership. Several heirs are registered as joint owners (elbirliği / iştirak halinde). Nobody has a separate share to sell alone. Selling or mortgaging needs all heirs. One heir can usually apply for the transfer while the others give powers of attorney. See our power of attorney guide.
Can foreign heirs keep the property? (reciprocity)
Foreigners can inherit Turkish real estate. The old reciprocity requirement was abandoned when Article 35 of the Land Registry Law was amended in May 2012. What matters now is whether the heir’s country is on the permitted list, plus the legal limits, which also apply to inheritance:
- legal area caps on foreign ownership;
- military restricted and security zones.
An heir caught by these rules does not lose the inheritance outright. Under Article 35, the property is liquidated if not sold within a period of up to one year set by the Ministry of Treasury and Finance, and the proceeds go to the heir. Check the property’s status with the land registry first.
Typical timeline
- At once: hand over any will; gather and apostille documents.
- Within three months: decide whether to renounce.
- By the tax deadline: file the inheritance tax return (see the tax guide).
- Then: obtain the certificate and transfer the title deed. There is no fixed legal deadline. With complete papers, the registry step is usually done at the appointment.
Heirs who decide to sell can follow our guide to selling property in Turkey. Buyers should plan their will alongside our guide to buying property in Turkey as a foreigner.
Frequently asked questions
Q: My home-country will leaves everything to my spouse. Does it cover my Turkish flat?
A: It can be valid in form, but Turkish law governs the flat. Children or living parents keep their reserved portions and can bring a reduction claim.
Q: Can a notary issue the certificate of inheritance for a foreign owner?
A: Generally no. Notaries cannot issue certificates where there is a foreign element. Apply to the civil court of peace.
Q: Is my home-country grant of probate enough for the land registry?
A: Not for the property. You will need a Turkish certificate of inheritance from a Turkish court.
Q: How long do I have to refuse an inheritance?
A: Three months, normally from learning of the death, by declaration to the civil court of peace. The judge can extend it for important reasons.
Q: Do all heirs need to come to Türkiye?
A: No. One heir can usually apply and others can give powers of attorney, but a later sale needs every heir.
Planning to buy a home in Türkiye? Download our free property guide for a step-by-step checklist.
Sources
- Law No. 5718 (MÖHUK), Art. 7, 20, 43, 50-54: national law for inheritance, Turkish law for immovables in Türkiye, heirless estate to the state, form of wills, jurisdiction, enforcement conditions (Lexpera)
- Law No. 5718 (MÖHUK) full text (Alomaliye copy)
- Turkish Civil Code No. 4721, Art. 495-506, 532-541, 559, 560, 571, 576, 595-598, 605-615, 652 (Union of Turkish Bar Associations copy)
- Yasal mirasçılar ve miras payları: classes, spouse shares, adoption, state, reserved portions, siblings since 2007 (Kulaçoğlu law office, updated Nov 2026)
- Eşin miras payı TMK 499 tablosu: spouse shares, spouse reserved portion, TMK 652 family home (Hukukçular Evi)
- Yabancıların miras hakkı: MÖHUK 20, court not notary for foreign element, MÖHUK 43, recognition, apostille and translation, area limits, liquidation, 2012 reciprocity change, 3-month renunciation (Kulaçoğlu law office)
- Regulation on certificates of inheritance issued by notaries (4 Oct 2011), Art. 2, 4, 5, 6: no notarial certificate for foreigners/foreign element, insufficient records or contentious cases (Alomaliye copy)
- Yabancıların mirasçılık belgesinin alınması: sulh hukuk court only, MÖHUK 43, Turkish law for immovables, foreign certificate not recognised for immovables (Hukuki Haber)
- Veraset ilamı nasıl alınır: notary route fastest, court route mandatory for foreign-element inheritance (Bilal Alyar law office)
- Yurt dışında yaşayan kişilerin Türkiye’deki miras işlemleri: automatic acquisition, certificate presumed correct until disproven, MÖHUK national law (Kadim Hukuk)
- Yurt dışında düzenlenen vasiyetnamenin Türkiye’de geçerliliği: MÖHUK 7 form, national law, apostille, sworn translation, recognition of foreign decisions (FFK Partner)
- Vasiyetname, geçerlilik koşulları ve türleri: TMK 502, 532-541, 595-597 (Or law office)
- Vasiyetname türleri: official, handwritten, oral; opening does not make a will valid (Hukukçular Evi)
- Reddi miras: TMK 605-618, three months, unconditional, oral or written to sulh court, extension, hükmen ret, representative (Kadim Hukuk)
- Miras intikali ve veraset vergisi: Web Tapu application, documents, tax clearance, joint ownership, no sale-type title deed fee, foreign heirs’ documents (Kulaçoğlu law office)
- Tapuda mirasçılara intikal: documents, registry will not complete without tax clearance, one heir may apply, no tapu harcı on inheritance, no fixed deadline (Kazım Ceylan law office)
- Law No. 6302 amending Land Registry Law Art. 35 (2012): country list, area limits, liquidation of inherited property within up to one year (Alomaliye copy)
- Ministry of Foreign Affairs: reciprocity condition for foreigners acquiring property abandoned with Law 6302
- Yabancılar Türkiye’de taşınmaz alabilir mi: reciprocity removed 18 May 2012, inheritance, liquidation, military zones (Hukukçular Evi)
Photo: Jorge Franganillo / CC BY 2.0, via Wikimedia Commons
