Inheritance Rights of Non-Turkish Citizens

With the rise of foreign investments, property purchases, and international residency in Turkey, the topic of the inheritance rights of non-Turkish citizens has become increasingly significant. Questions such as whether foreigners can inherit property in Turkey, how the inheritance process works, and what legal limitations apply are now more relevant than ever.

According to Turkish law—especially the Turkish Civil Code, Land Registry Law, and Private International and Procedural Law (MÖHUK)—foreign nationals may inherit in Turkey under specific legal conditions. In this article, the inheritance rights of non-Turkish citizens are explained in depth with practical details from the field.

Key Takeaways

• Foreigners can inherit in Turkey, but their rights are subject to specific legal limitations.

• Inheritance involving real estate is regulated by the principle of reciprocity and restrictions in the Land Registry Law.

• A certificate of inheritance is mandatory and must be obtained from the Turkish civil courts.

• Different legal systems may apply depending on whether the estate includes movable or immovable assets.

  
  

What Are the Inheritance Rights of Non-Turkish Citizens?

Under Turkish Civil Code and MÖHUK, the inheritance rights of non-Turkish citizens are legally recognized but not unlimited. Foreigners can inherit movable and immovable property in Turkey if the deceased has left assets within Turkish borders. Factors such as the foreigner’s nationality, legal relationship with the deceased, and the type of asset involved play a role.

Inheritance may arise under statutory succession (legal heirs) or testamentary succession (designated heirs by will).

Legal and Designated Heirs

Legal Heirs

Foreign nationals may inherit as legal heirs under Turkish law. For example, a German citizen may inherit property from their Turkish parent who passed away in Turkey. The hierarchy of heirs is defined by the Turkish Civil Code.

Designated Heirs

A Turkish citizen can appoint a non-Turkish citizen as an heir through a will or inheritance contract. In this case, the designated foreign heir can inherit just like a legal heir, subject to additional regulations if real estate is involved.

How to Obtain a Certificate of Inheritance (Veraset İlamı)

Foreign heirs must first obtain a certificate of inheritance from the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) to exercise their rights. While it can also be issued by notaries, in practice, courts are usually preferred in cases involving foreigners.

Required Documents:

• Death certificate of the deceased

• Passport and identity details of the heir

• Documents proving kinship (e.g., birth certificate)

• Notarized Turkish translations and apostille-certified foreign documents

Once submitted, the court will issue the certificate verifying the heir’s legal rights over the estate.

Inheritance of Immovable Property

One of the most frequently asked questions is whether non-Turkish citizens can inherit real estate in Turkey. The answer is yes—but only if specific conditions are met under Article 35 of the Land

Registry Law.

Principle of Reciprocity

Foreign nationals can inherit immovable property in Turkey only if their country grants the same rights to Turkish citizens. This is known as the principle of reciprocity, and whether this condition is fulfilled is determined by the Turkish General Directorate of Land Registry.

Limitations on Real Estate Inheritance

• Foreigners cannot inherit properties exceeding 10% of a district’s land area.

• A foreign individual can inherit up to 30 hectares nationwide.

• Immovable properties in military zones or restricted security areas cannot be inherited.

• The President of Turkey may restrict property acquisitions for national interest reasons.

  
  

Movable Assets and Applicable Law

The inheritance rights of non-Turkish citizens also apply to movable assets such as cash, gold, securities, or vehicles. However, different legal rules apply depending on the type of property.

This article is for informational purposes only.

Legal Jurisdiction:

• Real estate located in Turkey is subject to Turkish law.

• Movable assets are subject to the law of the deceased’s country of citizenship.

So, if a French national passes away leaving money in Turkish banks, French inheritance law would apply to that part of the estate.

Inheritance by Foreign Legal Entities

Under Turkish law, legal entities such as companies or associations cannot inherit directly. However, individuals can leave assets to foreign legal persons through a will.

If a will is made to leave assets to a foreign foundation or company, compliance with Turkish inheritance law and the Land Registry Law must still be ensured.

Bequeathing Property to Foreign Nationals via Will

Turkish citizens may legally bequeath assets to foreign nationals via a will. The will must comply with formalities under Turkish law and be duly notarized or approved by an official authority.

However, when the bequeathed asset is real estate, the principle of reciprocity and other legal restrictions must be taken into consideration.

Taxation and Inheritance Procedures

Foreign heirs acquiring assets in Turkey are subject to the inheritance and transfer tax. These taxes may be higher for non-resident foreigners compared to Turkish citizens.

Heirs may also need to pay:

• Land registry fees

• Stamp duties

• Notary charges

  
  

To avoid errors and ensure compliance, it is highly advisable to consult a tax advisor or attorney experienced in cross-border inheritance law.

Conclusion

The inheritance rights of non-Turkish citizens in Turkey are clearly regulated by law but involve important procedural and legal complexities. While foreigners can inherit property or assets in Turkey, they must navigate rules related to reciprocity, inheritance certificates, applicable jurisdiction, and tax obligations.

Due to these legal nuances, it is highly recommended that foreign heirs work closely with a qualified lawyer throughout the inheritance process in Turkey to avoid delays, rejections, or financial losses.

Frequently Asked Questions (FAQ) – Inheritance Rights of Non-Turkish Citizens

1. Can non-Turkish citizens inherit property in Turkey?

Yes, non-Turkish citizens can inherit property in Turkey, but they must meet certain legal conditions, especially for real estate assets.

2. Is there a difference between inheriting movable and immovable assets in Turkey?

Yes. Immovable assets (like land or buildings) are subject to Turkish law, while movable assets (such as cash or jewelry) follow the law of the deceased’s nationality.

3. What is the principle of reciprocity in Turkish inheritance law?

It means that a foreigner can inherit real estate in Turkey only if their country also allows Turkish citizens to inherit or own property there.

4. Do foreign heirs need a certificate of inheritance in Turkey?

Yes. All heirs, including foreigners, must obtain a Certificate of Inheritance (Veraset İlamı) from a Turkish Civil Court of Peace to claim their rights.

5. What documents do foreign heirs need to apply for inheritance in Turkey?

Required documents include a death certificate, proof of kinship, ID/passport, and notarized Turkish translations with apostille certification.

6. Are there restrictions on how much property a foreigner can inherit in Turkey?

Yes. Foreigners can inherit up to 30 hectares across Turkey and no more than 10% of a district's land area. Some zones, like military areas, are off-limits.

7. Can a Turkish citizen leave property to a foreigner in a will?

Yes. A Turkish citizen can leave assets to a foreign national through a legally valid will. Real estate bequests are still subject to reciprocity and land laws.

8. Are foreign legal entities allowed to inherit in Turkey?

No. Companies and organizations cannot directly inherit under Turkish law. However, individuals can bequeath assets to them via a will.

9. Do foreign heirs have to pay inheritance tax in Turkey?

Yes. Foreign heirs are subject to inheritance and transfer tax in Turkey. Tax rates may vary depending on the heir’s residency status.

10. Is it necessary for foreign heirs to hire a lawyer in Turkey?

While not legally required, hiring a lawyer is highly recommended due to language barriers, document requirements, and the complexity of Turkish inheritance procedures.