The most common surprise: a foreign certificate of inheritance (Erbschein, probate) cannot transfer a Turkish title deed. You need to obtain a certificate of inheritance (veraset ilamı) from a Turkish court or notary and carry out the title-deed transfer — and these procedures can be handled remotely, by power of attorney.
Which law applies to Turkish real estate?
Under the Turkish Code on Private International Law and International Civil Procedure (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 → 5718, art.20), inheritance is, as a rule, governed by the deceased's national law; however, Turkish law applies to immovable property located in Turkey. In other words:
- Real estate (immovable property) → Turkish inheritance law (including the reserved portion, "saklı pay").
- Movable property (bank accounts, vehicles, shares, etc.) → the law of the country of which the deceased was a national — but releasing the asset located in Turkey still requires a Turkish certificate of inheritance.
This distinction is the fundamental reason why a will or certificate of inheritance drawn up abroad is not, on its own, sufficient for real estate located in Turkey.
Why is a foreign certificate of inheritance not enough?
Foreign certificates of inheritance, such as the Erbschein in Germany or the grant of probate in England, are valid in their own countries; however, they do not directly effect a transfer in the Turkish land registry. To register the title deed in the heirs' names, you must obtain a certificate of inheritance (veraset ilamı / mirasçılık belgesi) in Turkey — from the Civil Court of Peace (Sulh Hukuk Mahkemesi) or, where the conditions are met, from a notary — and then carry out the transfer procedure at the land registry directorate.
Reserved portion (forced heirship)
Turkish law grants a reserved portion (saklı pay) to the spouse and children (and, in certain cases, the parents): the testator cannot freely dispose of the entire estate as they wish; the statutory minimum shares of these persons are protected. For this reason, with respect to real estate located in Turkey, a foreign will cannot override the reserved portion. Dispositions that breach the reserved portion may be challenged through an action for abatement (tenkis davası).
Certificate of inheritance + title-deed transfer process
The typical steps are as follows:
- Obtaining the apostilled death certificate and documents establishing the line of heirs, together with their sworn translation.
- Obtaining the certificate of inheritance (mirasçılık belgesi) in Turkey.
- Recognition/enforcement (tanımaTanımaRecognition of a foreign judgment in TürkiyeThe court decision that makes a foreign judgment legally effective in Türkiye as proof — without, by itself, making it enforceable.Glossary →/tenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary →) of the foreign will, if any.
- The transfer at the land registry directorate and, where required, the declaration of inheritance and transfer tax (veraset ve intikal vergisi).
A lawyer can carry out these steps on your behalf under a power of attorney; the heirs usually do not need to travel to Turkey.
What should a foreign heir living abroad do?
You do not need to be present in Turkey. By granting a power of attorney to a Turkish lawyer, the process is handled remotely. The documents that should be gathered early to speed matters up are: the apostilled death certificate, the identity/family records of the deceased and the heirs, and the will, if any, apostilled and translated. If your situation is unclear, get in touch with us and we will assess it.
Frequently asked questions
Does this tool provide legal advice?
No. This tool is an informational guide; it is not legal advice or a guarantee. The outcome depends on nationality, the type of asset, the will and the details of the file. Consult a lawyer for a binding assessment.
Is my foreign will valid in Turkey?
It may be valid as to form (MÖHUK art.7), but with respect to real estate located in Turkey it cannot override the reserved portion (saklı pay) of the spouse and children. In addition, in order to carry out a transaction at the land registry, recognition/enforcement (tanıma/tenfiz) of the will in Turkey and/or a certificate of inheritance (veraset ilamı) may be required.
What is the reserved portion (saklı pay)?
The reserved portion (saklı pay) is the minimum share set aside by law for close heirs such as the spouse and children, which the testator cannot freely override. For real estate located in Turkey these shares are protected; dispositions that breach them may be subject to abatement (tenkis).
Where do I obtain the certificate of inheritance (veraset ilamı)?
The certificate of inheritance (veraset ilamı / mirasçılık belgesi) is obtained from the Civil Court of Peace (Sulh Hukuk Mahkemesi) or, where the conditions are met, from a notary. When a foreign element and document translation are involved, the court route is more commonly used; your lawyer can apply on your behalf.
Are an apostille and translation required?
As a rule, death certificates, wills and similar documents coming from abroad must bear an apostille and have a sworn translation. In countries that are not party to the apostille convention, the consular legalisation route is followed.
Do I need to come to Turkey for the procedures?
Mostly no. With a Turkish power of attorney, your lawyer obtains the certificate of inheritance and carries out the title-deed transfer and the necessary tax declarations on your behalf. The power of attorney can be issued abroad at a Turkish consulate or as an apostilled document.
Will I pay inheritance and transfer tax (veraset ve intikal vergisi)?
Inheritance and transfer tax (veraset ve intikal vergisi) may apply when an estate located in Turkey passes to the heirs; the rate and exemptions vary according to the value of the asset and the relationship to the deceased. Double taxation with your own country may also come into play; your lawyer will factor these items into the process.
