Inheriting Turkish Real Estate as a Foreigner: The Process Step by Step
If you have inherited a house, apartment or land in Türkiye, the property does not pass into your name automatically. You first prove that you are an heir with a certificate of inheritance, then register the property in your name at the Land Registry (TapuTapuTitle deed / land registry recordThe official title deed and the state land-registry record behind it — the only thing that proves who owns real estate in Türkiye.Glossary →). For immovable property in Türkiye, Turkish law governs how the estate is shared, and a foreign national can usually inherit and register Turkish real estate where the reciprocity rule is met. This guide walks through each step in plain English: the certificate of inheritance, the Land Registry transfer, the documents you need with apostilleApostilApostilleA certificate added to a public document in its own country so that it is accepted as genuine in Türkiye, without consular legalisation.Glossary → and translation, the power of attorney that lets you handle everything without travelling, and the reciprocity rule that decides whether a foreign national may hold the property.
Which law governs an inheritance in Türkiye?
The first question is which country's law decides who inherits and how the estate is divided. For property in Türkiye this is answered by the Turkish Code on Private International Law (Milletlerarası Özel Hukuk ve Usul Hukuku Kanunu, MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary → No. 5718).
Under MÖHUK, inheritance is in principle governed by the national law of the deceased. However, there is an important exception for real estate: immovable property located in Türkiye is governed by Turkish law (the lex rei sitae rule, meaning "the law of the place where the thing is located"). So if your late relative owned an apartment in Istanbul or land on the coast, Turkish succession rules in the Turkish Civil Code (Türk Medeni Kanunu, TMK No. 4721) determine the heirs and their shares of that property, even if the deceased was a foreign national.
Movable assets (bank accounts, vehicles, company shares) may follow the deceased's national law, while Turkish real estate follows Turkish law. A cross-border estate can therefore be governed by more than one legal system at once, which is why early advice matters.
Step 1 — Obtain the certificate of inheritance (mirasçılık belgesi)
Before you can deal with the property, you must prove that you are an heir. This is done with a certificate of inheritance — in Turkish mirasçılık belgesi, also called veraset ilamı. It is an official document that lists the legal heirs and the fraction of the estate each one receives.
Where the certificate comes from
For Turkish citizens, the certificate can often be issued quickly by a Turkish notary (noter). Where the case is more complex — for example, the heirs or the deceased are foreign nationals, or the family relationships cannot be confirmed from Turkish civil records — it is issued by the civil court of peace (Sulh Hukuk Mahkemesi) instead. For most foreign-heir estates the court route is the realistic one, because foreign family records are not in the Turkish population registry.
What the certificate establishes
The certificate sets out the shares of each heir according to the order of succession in the TMK. In simple terms, the surviving spouse inherits alongside the deceased's children (or, where there are no descendants, alongside the parents or more distant relatives), with the spouse's share depending on which group of blood relatives also inherits. The TMK also protects a forced share (saklı pay) — a reserved minimum portion that certain close heirs such as children and the spouse cannot be deprived of by a will. You do not need to memorise the fractions; the certificate states them, and a lawyer can confirm them against the family situation.
Step 2 — Register the inherited property at the Land Registry (Tapu)
A certificate of inheritance proves who the heirs are, but it does not by itself change the name on the title. To complete the inheritance you must apply to the Land Registry Directorate (Tapu Müdürlüğü) where the property is located and have the title deed (tapu senedi) transferred into the heirs' names. This step is called the registration of inheritance (intikal).
Land and title matters in Türkiye are administered under the Land Registry Law (Tapu Kanunu No. 2644) and the Land Registry Regulation. The registry checks the certificate of inheritance, the tax position and the identities of the applicants before it updates the record.
Until the title is registered in the heirs' names, you generally cannot sell, mortgage or fully manage the property. Leaving an inherited Tapu unregistered for years can complicate matters when multiple heirs later want to sell, especially if some heirs have since died and a new generation has inherited.
Where there are several heirs, the property is first registered to all of them in their respective shares (a form of co-ownership). The heirs can then keep the property jointly, agree on how to divide it, or sell — each of which has its own procedure and its own tax and cost consequences.
The documents foreign heirs need (apostille and translation)
Foreign heirs almost always have to produce documents issued abroad — and those documents must be made usable in Türkiye. As a general matter you should expect to provide:
- Proof of the death (death certificate of the deceased).
- Proof of your relationship to the deceased (for example birth or marriage certificates, or a family record), so the heirs and shares can be established.
- Your identification (passport) and your Turkish tax number, which foreigners can obtain.
- Information identifying the property (the title deed details, or the province, district, block and parcel numbers).
Apostille and sworn translation
Public documents issued in one country are recognised in Türkiye through the apostille — a standardised certificate under the Hague Apostille Convention, to which Türkiye is a party. An apostille issued by the competent authority in your country confirms the document is genuine so that Turkish authorities will accept it. Documents from countries that are not part of the Convention usually need consular legalisation instead.
Once apostilled, foreign-language documents must be translated into Turkish by a sworn translator and, where required, notarised. Authorities can be strict about names matching exactly across documents, so spelling differences in a name should be resolved before you file.
Prepare apostilles and translations early. Gathering a death certificate, relationship documents and apostilles from abroad is often the slowest part of the whole process, and a missing apostille can stall both the court and the Land Registry.
Using a power of attorney so you need not travel
You do not have to be physically in Türkiye to obtain the certificate of inheritance, file the tax declaration or register the Tapu. A power of attorney (vekâletnameVekâletnamePower of attorneyThe notarised document that authorises a Turkish lawyer to act for you — the reason most matters can be handled without you travelling.Glossary →) lets a Turkish lawyer act for you on each of these steps.
A power of attorney is a document in which you formally authorise someone to act on your behalf. For inheritance and real-estate matters it is normally prepared with specific wording — for example authority to obtain a certificate of inheritance, to represent you before the courts and the Land Registry, and to carry out the inheritance transfer. Because real-estate authority is involved, the document usually needs to include your photograph and follow particular form requirements.
How a foreign heir signs one
You can sign a power of attorney either before a Turkish notary while in Türkiye, or — more commonly for heirs abroad — at a Turkish consulate in your country, or before a local notary with an apostille and a sworn Turkish translation. With a valid power of attorney in place, the day-to-day filings can be handled for you, and you can follow progress remotely.
The exact wording a power of attorney must contain depends on what needs to be done — obtaining the certificate, litigating a contested estate, registering the Tapu, or selling afterwards. It is sensible to confirm the scope before you sign, so you do not have to issue a second one later.
The reciprocity rule: can a foreign national hold the property?
A key question for foreign heirs is whether a foreign national may actually hold Turkish real estate. The answer turns on the reciprocity rule (mütekabiliyet) and on where the property is located.
Under the Land Registry Law (Tapu Kanunu No. 2644), a foreign national's ability to acquire immovable property in Türkiye is subject to legal conditions — historically including reciprocity, meaning that nationals of countries whose laws allow Turkish citizens to acquire property there are, in turn, generally able to acquire property in Türkiye. There are also limits tied to location: property in certain restricted or military security zones may not be available to foreign nationals, and there are overall area limits on how much land a foreign individual may hold.
Whether these conditions are met for your nationality and the specific property should be checked at the outset, because it affects how the inheritance can be completed. Where a foreign heir is not permitted to keep a particular immovable, Turkish law provides mechanisms — such as liquidation of the asset so the heir receives the value rather than the property itself — rather than leaving the heir with nothing.
The list of nationalities and the zone restrictions change over time and are applied case by case. Do not assume a property can simply be transferred into your name until the reciprocity and location position has been confirmed for your situation.
Inheritance and transfer tax, deadlines and costs
Inheriting Turkish property carries tax and timing obligations. The main one is the inheritance and transfer tax under the Inheritance and Transfer Tax Law (Veraset ve İntikal Vergisi Kanunu No. 7338). Heirs must file a declaration of the inherited assets, and tax is assessed on a progressive scale, with an exemption threshold for inheritances. The Land Registry will look for the tax position to be in order before completing the inheritance transfer.
The tax is generally payable over a period in instalments, and the law sets time limits for filing the declaration. Because the rates, the exemption amount and the filing deadlines depend on current figures and on where the heirs and the deceased were located, you should have the numbers and dates confirmed for your specific estate rather than relying on a general figure.
You will also encounter Land Registry fees and, where you use them, costs for translation, apostille, notary and legal representation. Budgeting for these at the start avoids surprises near the end of the process.
If heirs decide not to take on the estate — for example because of debts — Turkish law allows an heir to reject the inheritance (mirasın reddi) within a limited period after learning of the death and their status as heir. This is a deliberate decision with consequences for the whole estate, so take advice before either accepting or rejecting.
What this means for you as a foreign heir
Inheriting Turkish real estate as a foreigner is a defined, document-driven process: confirm that Turkish law governs the immovable, obtain the certificate of inheritance, check the reciprocity and location position, deal with the inheritance tax declaration, and register the Tapu in the heirs' names — all of which can be done through a power of attorney without travelling.
The parts that most often cause delay are gathering and apostilling foreign documents, resolving differences in how names are spelled across countries, and untangling estates with several heirs or earlier unregistered inheritances. None of these is unusual, but each is easier to handle early than late.
If you would like your situation reviewed — the heirs and shares, the reciprocity position for your nationality, the tax exposure and the wording of a power of attorney — Lexin Legal can assess the estate and outline the steps. This article is general information about Turkish law and not legal advice for a specific case.
Frequently asked questions
Do I have to travel to Türkiye to inherit property there?
In most cases, no. With a properly worded power of attorney (vekâletname), signed before a Turkish consulate abroad or before a local notary with an apostille and sworn Turkish translation, a Turkish lawyer can obtain the certificate of inheritance, file the tax declaration and register the Land Registry (Tapu) transfer on your behalf while you follow progress remotely.
What is the difference between the certificate of inheritance and registering the Tapu?
The certificate of inheritance (mirasçılık belgesi / veraset ilamı) proves who the legal heirs are and what share each one receives. Registering the Tapu is the separate step of actually changing the title deed at the Land Registry into the heirs' names. You need the certificate first, then the registration; the certificate alone does not move the property into your name.
Can a foreign national inherit and keep real estate in Türkiye?
Usually yes, but it depends on the reciprocity rule and the property's location. Under the Land Registry Law No. 2644, a foreign national's right to hold Turkish immovable property is subject to conditions, including reciprocity between countries and restrictions in certain military or security zones, plus overall area limits. This should be checked for your nationality and the specific property at the outset.
Which country's law decides how my relative's Turkish property is divided?
For real estate located in Türkiye, Turkish law applies under the Private International Law Code (MÖHUK No. 5718), even if the deceased was a foreign national. The Turkish Civil Code (TMK No. 4721) then determines the heirs and their shares. Movable assets may instead follow the deceased's national law, so a cross-border estate can be governed by more than one legal system.
Do my foreign documents need an apostille?
Generally yes. Public documents such as a death certificate or proof of relationship issued abroad are recognised in Türkiye through an apostille under the Hague Convention, then translated into Turkish by a sworn translator and notarised where required. Documents from countries outside the Convention usually need consular legalisation instead.
Is there tax to pay on inherited Turkish property?
Yes. Heirs must file an inheritance and transfer tax declaration under Law No. 7338, with tax assessed on a progressive scale above an exemption threshold, and the Land Registry expects the tax position to be in order before completing the transfer. The exact rates, exemption amount and filing deadline depend on current figures and should be confirmed for your specific estate.
