Family & Inheritance Law

Turkish Inheritance Law for Foreigners, Probate (Veraset İlamı) & Divorce Recognition (Tanıma-Tenfiz)

How foreign heirs, dual citizens, and international families claim inherited real estate and bank deposits in Türkiye or register foreign divorce decrees via Tanıma and Tenfiz.

Turkish Inheritance Law and Divorce Recognition Tanima Tenfiz Guide
Atty. Murat Can Koptay • • 14 min read

EXECUTIVE LEGAL SUMMARY (TL;DR)

  • Under Article 20/1 of the Turkish Private International Law (MÖHUK No. 5718), Turkish law strictly applies to all real estate (apartments, villas, land) located in Türkiye (lex rei sitae), regardless of the deceased owner’s nationality or religion.
  • To transfer inherited property or unfreeze Turkish bank accounts, foreign heirs must obtain a Turkish Certificate of Inheritance (Mirasçılık Belgesi / Veraset İlamı) from a Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) — foreign probate certificates are not directly accepted by the Tapu or banks.
  • Turkish Civil Code (TMK Art. 495–506) protects Compulsory Heirs (children, spouse, and parents) through strict Reserved Portions (Saklı Pay); if a deceased person left a will disinheriting a child or spouse, the heir can file a Reduction Lawsuit (Tenkis Davası).
  • Foreign divorce decrees issued in the EU, UK, USA, Russia, or Arab states are not automatically valid in Türkiye until recognized via a Tanıma/Tenfiz lawsuit or Dual-Consent Consular/Population Directorate registration.

1. Why Foreign Probate Documents Are Not Enough: Obtaining the Turkish Veraset İlamı

When a foreign citizen or dual national who owns real estate or bank deposits in Türkiye passes away, their heirs often assume that a UK Grant of Probate, US Letters Testamentary, German Erbschein, or Russian/Arab succession certificate will allow them to take ownership of the Turkish assets. However, under Article 20/1 of Turkish Private International Law (MÖHUK No. 5718), immovable property located in Türkiye is governed exclusively by Turkish inheritance law (lex rei sitae), while movable assets (bank accounts, vehicles, stocks) are governed by the national law of the deceased at the time of death.

Because inheritance certificates issued by foreign courts or notaries do not constitute enforceable adversarial judgments, Turkish Land Registry offices and banks refuse to process asset transfers without a Turkish Certificate of Inheritance (Mirasçılık Belgesi / Veraset İlamı). Our inheritance lawyers petition the Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi) with apostilled civil registry/family tree documents from the deceased’s home country and secure the official Turkish Veraset İlamı within a few weeks.

2. Inheritance Tax Clearance (Veraset İntikal) & Co-Heir Partition Lawsuits (İzale-i Şuyu)

Once the Turkish Certificate of Inheritance is issued, our firm conducts a nationwide asset search across TAKBİS (for real estate across all 81 provinces), the Central Registry Agency (MKK for investment funds and equities), and all Turkish commercial banks. We then file the Inheritance and Transfer Tax Declaration (Veraset ve İntikal Vergisi Beyannamesi) to obtain the mandatory Tax Clearance Certificate (İlişik Kesme Yazısı) and register the property in the heirs’ names at the Land Registry (Tapu İntikali).

If one or more co-heirs refuse to cooperate in selling an inherited apartment or land parcel, any single heir — regardless of how small their fractional share is — has the absolute statutory right under Turkish Civil Code Article 698 to file an Action for Partition of Co-Ownership (İzale-i Şuyu / Ortaklığın Giderilmesi Davası) to convert the property into liquid cash via judicial auction and collect their exact share.

3. Protecting Heirs from the Deceased’s Debts: Renunciation of Inheritance (Reddi Miras)

Under Turkish Civil Code Article 599, Türkiye follows the principle of Universal Succession (Külli Halefiyet): heirs automatically inherit not only the deceased’s assets, but also their personal and corporate debts. If the deceased left significant bank loans, bailiff executions, or tax liabilities in Türkiye, foreign heirs have 3 months from learning of the death to file an unconditional Renunciation of Inheritance (Mirasın Gerçek Reddi — TMK Art. 606), or at any time thereafter if the estate was demonstrably insolvent at the date of death (Mirasın Hükmen Reddi — TMK Art. 605/2).

4. Recognition & Enforcement of Foreign Divorce Decrees (Tanıma ve Tenfiz)

If a Turkish citizen or dual national divorces abroad (in the UK, USA, Germany, France, Russia, etc.), the foreign decree has zero legal effect in Türkiye until officially recognized. Without recognition, the parties remain married in the Turkish civil registry (MERNİS) and the ex-spouse remains a statutory heir.

Where the foreign judgment dissolves the marriage, we file a Recognition Lawsuit (Tanıma Davası); if it also orders custody, alimony (Nafaka), or property division in Türkiye, we file an Enforcement Lawsuit (Tenfiz Davası). When both ex-spouses grant Power of Attorney, Family Court recognition concludes in just 1 to 2 weeks.

Statutory Inheritance Shares & Compulsory Reserved Portions (TMK Art. 495–506)

Surviving Spouse + Children: Spouse = 1/4 (25%), Children share 3/4 (75% equally) | Surviving Spouse + Parents (no children): Spouse = 1/2 (50%), Parents share 1/2 (50%)

Reserved Portion (Saklı Pay) Protection: Children’s reserved share is 1/2 of their statutory share (37.5% total with spouse); the surviving spouse’s reserved share is 100% of their statutory share (25%) when inheriting alongside children or parents.

Court of Cassation — 7th & 14th Civil Chambers (Yargıtay Hukuk Daireleri) — Principle Ruling on Foreign Wills & Lex Rei Sitae for Turkish Immovable Property (MÖHUK Art. 20)

While a testamentary disposition (Will) executed by a foreign national in accordance with the formal rules of their home country is valid as to form under the 1961 Hague Convention, any distribution of real estate located in Türkiye remains strictly subject to Turkish succession shares and Turkish compulsory reserved portion (Saklı Pay) rules.

Succession & Family Law Procedures for Foreigners in Türkiye

Legal ProcedureCompetent Turkish AuthorityAverage Duration (via POA)Physical Presence Required?
Certificate of Inheritance (Yabancı Unsurlu Veraset İlamı)Civil Court of Peace (Sulh Hukuk Mahkemesi)3 to 6 WeeksNo (100% via Power of Attorney)
Inheritance Tax Clearance & Tapu Intikal RegistrationInheritance Tax Office + Land Registry (Tapu)1 to 2 WeeksNo (100% via Power of Attorney)
Partition of Inherited Property Lawsuit (İzale-i Şuyu)Civil Court of Peace (where property is located)6 to 12 MonthsNo (100% via Power of Attorney)
Recognition/Enforcement of Foreign Divorce (Tanıma / Tenfiz)Turkish Family Court (Aile Mahkemesi)2 Weeks (if both spouses give POA) / 3–5 Months (single party)No (100% via Power of Attorney)

REQUIRED DOCUMENTS & COMPLIANCE CHECKLIST

  1. Apostilled Official Death Certificate (Ölüm Belgesi) & Foreign Family Tree / Probate Certificate showing all heirs
  2. Apostilled Birth and Marriage Certificates of the surviving spouse and children
  3. For Divorce Recognition (Tanıma/Tenfiz): Original Foreign Divorce Judgment with Finality Clause (Kesinleşme Şerhi) + Apostille
  4. Turkish Tax Numbers (Vergi Numarası) and Passport copies of all foreign heirs
  5. Apostilled Power of Attorney authorizing Koptay Law Firm for Probate, Tapu Intikal, or Family Court Divorce Recognition

FREQUENTLY ASKED LEGAL QUESTIONS (FAQ)

Can a foreign citizen inherit real estate in a country or zone where foreigners are normally prohibited from buying land?

Yes! Even if a foreign heir’s nationality is barred from purchasing real estate in Türkiye (or if the inherited parcel lies in a restricted zone), under Land Registry Law Art. 35, the property is still transferred to the heir by inheritance and liquidated so the foreign heir receives 100% of its monetary value.

How high is the Inheritance Tax (Veraset ve İntikal Vergisi) in Türkiye?

Türkiye has one of the lowest inheritance tax rates in Europe. After generous statutory tax-free exemptions are deducted for each child and the surviving spouse, the remaining inherited value is taxed progressively starting at just 1% up to a maximum of 10%.

Do I have to come to Türkiye for a Divorce Recognition (Tanıma-Tenfiz) lawsuit or Probate?

No. Neither you nor your ex-spouse or co-heirs need to travel to Türkiye. All court filings, tax clearances, and Tapu transfers are completed 100% by our attorneys via Power of Attorney.

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