Alanya Inheritance Attorney at Law and Inheritance Law
Disputes in inheritance law often involve more than a single claim. Determination of heirs and the estate, acceptance or renunciation of the inheritance, protection of reserved shares, validity of wills, and division of immovable property forming part of the estate may all arise in an interrelated manner. If certain claims are not raised within the time limits prescribed by law, they are extinguished.
In Alanya, the acquisition of immovable property by persons from various countries and their settlement have made the foreign element in inheritance cases a common occurrence. Heirs residing abroad, deceased persons of foreign nationality, documents issued outside Turkey, and assets located in different countries are issues that must additionally be considered in these cases.
This page outlines the frequently encountered disputes in inheritance law, the fundamental stages of the process, dispositions upon death, and the principles applicable to inheritance cases involving a foreign element. Since the circumstances of each dispute differ, the legal assessment should be made on the basis of the specific case.
Key Practice Areas
Key Disputes in Inheritance Law
Claims arising from inheritance law are based on different legal grounds, are subject to different limitation periods, and are heard in different courts. Claims for the determination of the estate and claims for the protection of the reserved portion or the annulment of a disposition are not subject to the same procedure.
Certificate of Inheritance and Determination of the Estate
A certificate of inheritance is a document identifying the heirs and their shares in the estate. This certificate is required for many inheritance-related transactions before land registry offices, banks and other institutions. A certificate of inheritance does not have the force of res judicata; its invalidity may be asserted at any time. Persons whose interests are adversely affected by a certificate of inheritance issued by a notary may challenge it before the civil court of peace.
The shares indicated in the document are determined in accordance with the statutory order of succession. With respect to blood relatives, three classes are taken into account: the first class comprises the descendants of the deceased; the second class comprises the deceased’s parents and their descendants, if the deceased left no descendants; and the third class comprises the grandparents and their descendants, if the deceased left no descendants or parents. The surviving spouse receives a share according to the class with which he or she inherits: if inheriting together with descendants, one quarter of the estate; if together with the parental class, one half; if together with the grandparents and their descendants, three quarters; and if none of these relatives exists, the entire estate passes to the spouse. The estate of a person who dies leaving no heirs passes to the State.
Determining the scope of the estate is a separate stage. In addition to immovable property, bank accounts, vehicles, company shares and receivables, the deceased’s debts are also taken into account when assessing the estate. Although procedures for ascertaining the estate enable heirs to determine the extent of the assets, they do not, by themselves, resolve ownership disputes concerning the estate.
Reserved Share and Reduction
Certain dispositions conferring benefits made by the deceased during his or her lifetime, or testamentary dispositions, may infringe the reserved shares that the law grants to certain heirs. The heirs entitled to a reserved share are the descendants, the parents and the surviving spouse; the reserved share of siblings was abolished in 2007. Where there are no heirs entitled to a reserved share, the deceased may make testamentary dispositions concerning the entirety of his or her estate.
The reserved share is a statutory fraction of the legal inheritance share: one half of the legal inheritance share for descendants; one quarter for each parent; and, for the surviving spouse, the entire legal inheritance share where the spouse inherits together with descendants or the parents, and three quarters in other cases. A testator who has descendants, parents or a spouse as heirs may make testamentary dispositions only with respect to the portion of the estate exceeding the reserved shares.
Not every gratuitous disposition is subject to abatement. The law exhaustively enumerates the inter vivos dispositions subject to abatement and excludes gifts made in accordance with custom within one year before death from its scope.
The right to bring an action for reduction of testamentary dispositions (tenkis) expires one year after the date on which the heir learns that his or her reserved share has been infringed and, in any event, ten years after the opening of the will in the case of testamentary dispositions or the opening of the succession in the case of other dispositions. Even after these periods have expired, the claim for reduction may always be raised by way of defence.
Simulated Transactions by the Deceased (Muris Muvazaası) and Cancellation of Title Deed
An allegation that the deceased transferred immovable property which he actually intended to donate, in order to deprive his heirs of assets, under the guise of another transaction—such as a sale or a contract for care until death—is assessed in practice as muris muvazaası (collusion by the deceased).
In making this assessment, the Court of Cassation considers together such factors as the customs and traditions of the country and locality, social tendencies, the ordinary course of events, whether the deceased had a justifiable and reasonable reason for entering into the contract, whether the defendant had the financial means to make the purchase, the difference between the sale price and the property's actual value on the date of the contract, and the personal relationship between the parties and the deceased. In practice, the proportion of the transferred property in the deceased's total assets may also be determinative. Conversely, the fact that, during his lifetime, the deceased made an acceptable distribution that respected the balance of rights and included all heirs is among the factors regarded as indicating the absence of an intention to deprive the heirs of assets.
This action may be brought by any heir whose inheritance right has been prejudiced, whether or not they are entitled to a reserved share. Since there is no compulsory joinder among heirs, each heir may individually claim cancellation and registration of the title deed in proportion to their own inheritance share. A person who has duly renounced the inheritance cannot bring this action.
Division of the Estate and Dissolution of Co-ownership
Where there are multiple heirs, upon the devolution of the estate and until partition, a joint ownership covering all rights and obligations in the estate arises among the heirs. The heirs hold the estate jointly and jointly exercise rights pertaining to it; as a rule, unanimity is required for acts of administration and disposal.
The heirs may partition the estate by mutual agreement; the validity of a partition agreement is subject to written form, and no official form is required for partition agreements involving immovable property. However, an agreement under which an heir transfers his or her share in the estate to a third party must be executed in notarial form.
If no agreement can be reached, the estate may be partitioned or, depending on the circumstances, proceedings for the dissolution of co-ownership may be brought. Where the unanimity requirement brings the process to a standstill, any one of the heirs may also request that the joint ownership (elbirliği mülkiyeti) of all or part of the assets comprising the estate be converted into co-ownership in shares (paylı mülkiyet).
Where partition in kind of the immovable is not possible, partition by sale may be pursued. Under the regulation that entered into force on 31 July 2026., where all owners acquired the immovable by inheritance and no third party other than the heirs holds a right of ownership in it, the first auction for the dissolution of co-ownership by sale is, on a one-off basis, conducted solely among the heir co-owners; at this auction, bids must exceed the full appraised value of the immovable plus the costs of realisation and distribution. This threshold departs from the general rule: at other first auctions, the required threshold is fifty per cent of the appraised value. The regulation does not apply to auctions announced before its effective date.
Step-by-Step Process
How Does the Inheritance Process Work?
Identification of Heirs and the Estate
At the outset of the process, the heirs are identified from the civil registry records, and the scope of the estate is investigated through land registry, bank and other records. Determining whether the deceased left any debts or ongoing legal relationships is particularly important when assessing options such as renunciation of the inheritance and the preparation of an official inventory of the estate.
If a will is found at this stage, a separate procedure applies. A will discovered after the deceased’s death must be delivered immediately to the civil court of peace judge, regardless of whether it is valid; the person who drew up, retained, otherwise obtained or found the will among the deceased’s belongings must fulfil this obligation as soon as they learn of the death and is liable for any damage arising from failure to do so. Regardless of whether it is valid, the will must be opened and read to the persons concerned by the civil court of peace judge at the deceased’s place of residence within one month of its delivery. Each person entitled to a share of the estate must be served, at the expense of the estate, with a certified copy of the parts of the will concerning them; persons whose whereabouts are unknown must be served by public notice. The opening of the will, which marks the commencement of the ten-year time-bar period for actions for annulment and reduction, refers to this procedure.
Devolution of the Estate, Renunciation and Official Inventory
An inheritance passes to the heirs by operation of law upon the death of the deceased; the heirs are not required to make a separate declaration accepting it. Nevertheless, statutory and testamentary heirs may renounce the inheritance subject to the conditions laid down by law.
The general period for disclaiming an inheritance is three months. For statutory heirs, this period runs from the date on which they learn of the death of the deceased, unless it is proved that they learned of their status as heirs at a later date; for testamentary heirs, it runs from the date on which the testator’s disposition is officially notified to them.
Where the true assets and liabilities of the estate are unknown, an heir entitled to disclaim the inheritance may request that an official inventory be drawn up. Such request must be made within one month in accordance with the procedure applicable to disclaimer of inheritance; a request made by one heir is effective as regards the other heirs. While the official inventory is being drawn up, no enforcement proceedings may be initiated in respect of the deceased’s debts, and limitation periods do not run during this period; except in urgent cases, pending proceedings may not be continued and no new action may be brought.
Once the inventory has been completed, the heir may choose one of the following options: renunciation of the inheritance, a request for official liquidation, acceptance according to the inventory, or unconditional acceptance. An heir who fails to make a declaration within the prescribed period at this stage is deemed to have accepted the inheritance according to the inventory.
In the case of acceptance according to the inventory, as a rule, only the debts recorded in the inventory pass to the heir. However, this limitation concerns the scope of the debts, not the assets against which liability may be enforced: the heir is liable for the debts recorded in the inventory using both the estate assets and their own assets. For an heir who does not wish to be liable for any of the estate’s debts, the relevant options are not acceptance according to the inventory but official liquidation or renunciation. In the case of official liquidation, the heirs are not liable for the estate’s debts. However, this route is not available in every case: a request for official liquidation is disregarded if one of the co-heirs has accepted the inheritance.
Distribution, Mediation and Litigation
If the heirs can reach an agreement, a partition agreement may be drawn up. If no agreement can be reached, depending on the nature of the dispute, various legal remedies may become relevant, including partition of the estate, dissolution of co-ownership, reduction of testamentary dispositions (tenkis), cancellation and registration of title due to the testator’s collusion (muris muvazaası), or annulment of a testamentary disposition.
In disputes concerning the division of movable and immovable property and the dissolution of co-ownership, mediation must be pursued before an action is brought, as a condition of bringing that action. However, claims for abatement (tenkis), cancellation and registration of title based on a collusive transaction by the deceased (muris muvazaası), annulment of testamentary dispositions, and applications for a certificate of inheritance are not subject to this condition. If an agreement is reached at the end of the mediation process, it is mandatory to obtain an enforceability endorsement for the agreement document. Where the agreement document concerns the transfer of immovable property, registration may be requested directly from the land registry office after the endorsement has been obtained.
In terms of subject-matter jurisdiction, the Civil Court of Peace (sulh hukuk mahkemesi) has jurisdiction over actions for the dissolution of co-ownership and partition of the estate, as well as applications for a certificate of inheritance, protective measures concerning the estate, and declarations of renunciation of inheritance. In contrast, actions for abatement (tenkis), cancellation and registration of title based on a collusive transaction by the deceased (muris muvazaası), annulment of a will, and actions for recovery based on inheritance are heard by the Civil Court of First Instance (asliye hukuk mahkemesi). There is also a distinction in terms of venue: in actions for partition of the estate, annulment of testamentary dispositions, and abatement, the court of the deceased’s last place of residence has exclusive jurisdiction, whereas in actions for cancellation and registration of title concerning immovable property and for dissolution of co-ownership, the court where the immovable property is located has exclusive jurisdiction. The exclusive jurisdiction of the court of the deceased’s last place of residence is not limited solely to the types of actions listed above; it also covers actions concerning the invalidity of partition agreements, actions for recovery based on inheritance, disputes among heirs arising from the administration of the estate, and all actions brought against heirs until the estate has been finally partitioned. In actions concerning the annulment of a certificate of inheritance and the issuance of a new certificate of inheritance, the court of the place where each heir resides also has jurisdiction.
These rules produce the following concrete outcome: proceedings concerning the partition of the estate, abatement (tenkis) and the annulment of testamentary dispositions where the deceased’s last place of residence was Alanya are heard by the Alanya courts; if the immovable property is located within the boundaries of Alanya, the courts in the same locality also have exclusive jurisdiction over actions for the cancellation and registration of title and for the dissolution of co-ownership.
During the proceedings, evidence such as land registry and bank records, documents exchanged between the parties, witness statements, expert examinations and, where necessary, a site inspection may be evaluated.
Inheritance and Tax Procedures
Once the certificate of inheritance has been obtained, the immovable property forming part of the estate may be registered in the names of the heirs. Registration of the transfer is carried out without awaiting the assessment of inheritance and transfer tax; at this stage, no tax clearance certificate is required from the tax office. The result must be notified to the relevant tax office no later than fifteen days from the date of registration. By contrast, for the subsequent sale or donation of the property, or the creation of a right in rem over it, the tax must have been paid in full; land registry officers may not carry out transfer or conveyance transactions without a tax clearance certificate issued by the tax office.
The law has not applied this rule strictly. Where the taxpayer provides security of the type specified in Law No. 6183 against the assessed tax, permission may be granted for the transfer and conveyance of some or all of the immovable properties transferred by inheritance. This option may provide an alternative to paying the entire tax in advance for an heir who needs to sell the immovable property.
The time limit for filing the inheritance and transfer tax return varies depending on the place where the death occurred and the country in which the heirs are located. If the death occurred in Turkey, the deadline is four months if the heir is in Turkey and six months if the heir is abroad. If the death occurred in a foreign country, the deadline is six months if the heir is in Turkey, four months if the heir is in the country where the deceased was located, and eight months if the heir is in another foreign country. In the case of a declaration of absence, the deadline is one month following the date on which the decision is recorded in the death register.
Even if property transferred through inheritance falls below the exemption threshold, a return must still be filed. For immovable property, the tax base is not the property's market value but its value for property tax purposes, and the valuation date is the date on which the succession opened. The tax is payable in six equal instalments over three years, in May and November of each year, beginning on the date of assessment.
Testamentary dispositions
Will, Inheritance Agreement and Lifetime Care Contract
Will
A will is a unilateral disposition made by the testator to take effect upon death. The law provides for three forms of will: the official will (resmî vasiyetname), the holographic will (el yazılı vasiyetname), and, in exceptional circumstances, the oral will (sözlü vasiyet).
An official will is drawn up by a judge of the Civil Court of Peace (sulh hâkimi), a notary, or an official authorised by law to do so, in the presence of two witnesses. Persons lacking legal capacity, persons barred from public service by a criminal court judgment, persons who are illiterate, and the testator's spouse, blood relatives in the ascending or descending line, siblings, and the spouses of such persons may not act as officials or witnesses in the drawing up of an official will. The prohibition on dispositions in favour of certain persons is a separate rule and targets those involved in the drawing up of the will: no benefit may be conferred by the will upon the official or witnesses involved in its drawing up, their blood relatives in the ascending or descending line, their siblings, or the spouses of such persons. There is, however, no obstacle to the testator making a disposition in favour of his or her own spouse or child. Persons abroad may have this transaction carried out at Turkish consulates.
A holographic will must be written in its entirety, from beginning to end, in the testator’s own handwriting, state the year, month and day on which it was made, and be signed by the testator. A text typed on a computer and signed does not satisfy this requirement. Although this is not mandatory, the will may be left for safekeeping with a notary, a judge of the civil court of peace, or an authorised official, either open or sealed.
An oral will is an exceptional form reserved for cases in which an official or holographic will cannot be made because of extraordinary circumstances such as imminent danger of death, disruption of transport, illness or war. If the testator subsequently becomes able to make a will in another form, the oral will automatically ceases to have effect one month after that opportunity arises.
The testator may revoke a will at any time; revocation is effected by making a new will in one of the forms prescribed by law or by destroying the will. If a new will is made without revoking the previous one, the later will replaces the earlier one unless it clearly supplements it.
An action for annulment of a testamentary disposition may be based on four grounds: that the disposition was made at a time when the testator lacked the capacity to make a testamentary disposition; that it was made as a result of mistake, deception, fear or coercion; that the content of the disposition, the conditions attached to it or the burdens imposed by it are contrary to law or public morals; or that the disposition was made without complying with the forms prescribed by law.
An action for annulment must be brought within one year from the date on which the claimant learns of the disposition, the ground for annulment and his or her status as a person entitled to bring the action. In any event, this right lapses after ten years against good-faith defendants, and twenty years against bad-faith defendants, from the date of opening of the will in the case of wills, and from the date of vesting of the inheritance in the case of other dispositions upon death. Even if these periods have expired, invalidity may always be asserted by way of a defence.
Inheritance Contract
Unlike a will, an inheritance contract is a bilateral disposition mortis causa. For it to be valid, it must be executed in the form of an official will; the parties must declare their wishes simultaneously before the official and sign the agreement in the presence of the official and two witnesses.
The two types of dispositions also differ in terms of capacity: to make a will, it is sufficient to have the power of discernment and to have reached the age of fifteen, whereas to enter into an inheritance contract, one must have the power of discernment, be an adult and not be subject to legal restriction. Lack of capacity is a ground for annulment in respect of both dispositions. A testamentary disposition made by the testator under the influence of mistake, fraud, threat or duress is invalid; however, if the testator does not revoke the disposition within one year from the date on which he or she learns of the mistake or fraud, or is freed from the influence of the threat or duress, the disposition is deemed valid.
An inheritance contract cannot be revoked freely and unilaterally in the same way as a will. The contract may always be terminated by the parties’ written agreement. If the person appointed as heir or the person to whom a specific asset has been bequeathed engages, after the contract is concluded, in conduct constituting a ground for disinheritance, the testator may unilaterally terminate the contract; this act must be carried out in one of the forms prescribed for wills. If inter vivos performances are not rendered in accordance with the contract or are not secured, the relevant party may withdraw from the contract.
There are two types of inheritance contracts. Under a positive inheritance contract, the testator undertakes to leave his or her estate or a specific asset to the other party to the contract or to a third person; although the testator may continue to dispose of his or her property freely, testamentary dispositions and gifts that are inconsistent with the contractual obligation may be challenged. Under a contract for renunciation of inheritance (mirastan feragat), the heir loses his or her status as heir in exchange for consideration or gratuitously; unless otherwise provided in the contract, a renunciation made for consideration also produces effects for the descendant(s) of the renouncing heir.
Lifetime Maintenance Contract
A lifetime maintenance contract is not a disposition upon death but an independent contract separately regulated under the Turkish Code of Obligations. The maintenance provider undertakes to care for and look after the maintenance recipient until the recipient’s death, while the maintenance recipient undertakes to transfer an asset or certain assets to the maintenance provider.
As a rule, the issue in relation to an inheritance contract concerns form: even if the contract does not include the appointment of an heir, it is invalid unless it is made in the form prescribed for an inheritance contract. The sole exception is where the contract is concluded by a care institution recognised by the State in accordance with the conditions laid down by the competent authorities; in that case, written form is sufficient. If the maintenance debtor has also been appointed as an heir, the provisions governing inheritance contracts also apply to the contract in substantive terms.
The maintenance creditor has, like a seller, a statutory mortgage over the immovable property transferred, in order to secure his or her rights. The maintenance debtor is obliged to provide the maintenance creditor with suitable food and accommodation, to care for him or her with due diligence during illness, and to arrange for medical treatment. If, as a result of a breach of the obligations, continuation of the contract becomes intolerable, either party may terminate the contract without allowing a notice period to expire.
Whether the contract was genuinely concluded for the purpose of care, whether the care obligations were fulfilled, and whether the transaction was intended to conceal assets from heirs are assessed according to the specific circumstances of the case. Even if the contract is deemed valid, the heirs’ right to bring an action for abatement (tenkis) and the creditors’ right to bring an avoidance action (iptal davası) are reserved.
For avoidance actions, the provision of the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu), as rewritten by the amendment dated 24 December 2025, is significant. Under this provision, gifts and gratuitous dispositions made within one year before the date on which a temporary or final certificate of insolvency, or a seizure record serving as a certificate of insolvency, is issued, or before the opening of bankruptcy, are subject to avoidance. Contracts for maintenance until death (ölünceye kadar bakma sözleşmeleri) are also listed among dispositions deemed to be gifts unless it is proven that adequate consideration was provided. The presumption is not conclusive: if it is proven that the contract was genuinely concluded in exchange for care and that there was an appropriate balance between the performances, the disposition is not subject to avoidance.
Obligations and Liability
Renunciation of Inheritance and Heirs’ Liability
Upon the death of the decedent, the inheritance, together with its rights and debts, passes to the heirs. The heirs may disclaim the inheritance under the conditions prescribed by law.
The general period for disclaiming an inheritance is three months. If the estate has been inventoried as a protective measure, this period begins when the civil court of peace notifies the parties that the inventory procedure has ended. The disclaimer must be made unconditionally and without reservation, either orally or in writing, before the civil court of peace. A disclaimer made within the prescribed period is entered in the special register of the civil court of peace at the place where the inheritance was opened.
An heir who, before the expiry of the period for renouncing the inheritance, intermeddles in the estate by undertaking acts that do not constitute ordinary administration of the estate or go beyond what is necessary for the conduct of the deceased’s affairs, or who conceals or appropriates estate assets, may not renounce the inheritance. However, bringing legal proceedings or initiating enforcement proceedings to prevent limitation or forfeiture periods from expiring does not extinguish the right to renounce the inheritance.
If, at the time of the deceased’s death, the deceased’s inability to pay debts was clearly apparent or officially established, the inheritance is deemed to have been rejected. In practice, this is referred to as deemed rejection.
Where the assets and liabilities of the estate are unknown, it is possible to request that an official inventory be prepared. If the inheritance is accepted subject to the inventory, as a rule, only the debts recorded in the inventory pass to the heir; however, the heir remains liable for those debts with both the estate assets and the heir’s own assets. As a rule, the heir is not liable to creditors who fail to have their claims entered in the inventory within the prescribed period.
If one of the statutory heirs renounces the inheritance, that heir’s share passes to the persons entitled to it as if the heir had not been alive when the inheritance opened. However, if all of the closest statutory heirs renounce the inheritance, the estate does not pass in the ordinary manner to heirs in the next rank; instead, it is liquidated by the civil court of peace in accordance with the provisions on bankruptcy. Any value remaining after the liquidation is distributed to the persons entitled to it as if they had not renounced the inheritance. If all descendants renounce the inheritance, the share passes to the surviving spouse.
Renunciation of an inheritance does not eliminate all liability. Heirs who renounce the inheritance of an insolvent deceased person are liable to the deceased’s creditors up to the value of what they received from the deceased within the five years preceding the death and would be required to return upon distribution of the estate. In addition, if an heir whose assets are insufficient to cover the debts renounces the inheritance with the intention of harming the heir’s creditors, those creditors may bring an action to set aside the renunciation within six months from the date of the renunciation.
The nature of the liability of an heir who does not renounce the inheritance is also of particular importance. Heirs are personally liable for the deceased’s debts and jointly and severally liable for the debts of the estate; this means that a creditor may demand payment of the entire debt from any one of the heirs. This liability is not limited to the heirs’ shares of the inheritance. Joint and several liability continues after partition: heirs remain jointly and severally liable with all their assets, even after partition, for estate debts whose division or transfer has not been expressly or impliedly consented to by the creditor. This joint and several liability ends five years after the date of partition or, in the case of debts to be performed at a later date, five years after the date on which they become due. An heir who pays an estate debt that was not allocated to that heir under the partition agreement, or pays more than the amount that heir assumed, may seek recourse against the other heirs.
International Matters
Inheritance Cases Involving a Foreign Element
The fact that the deceased or any heirs are foreign nationals, that assets forming part of the estate are located in different countries, or that testamentary dispositions or other documents were executed abroad requires separate assessment in terms of the applicable law and the procedure to be followed.
Applicable Law and Jurisdiction
In Turkish private international law, succession is, as a rule, governed by the national law of the deceased. The significant exception to this rule concerns immovable property located in Türkiye; Turkish law applies to immovable property situated in Türkiye.
Provisions relating to the grounds for opening succession, the acquisition of the inheritance and the partition of the estate, however, are subject to the law of the country where the estate is located. Therefore, in a succession matter involving a foreign element, the applicable law cannot be determined solely by reference to the deceased’s nationality; the type of assets, their location and the legal issue to be resolved must all be assessed together.
The deceased’s last domicile determines not the applicable law but the court having jurisdiction: succession-related actions are heard by the court at the deceased’s last domicile in Türkiye or, if the deceased had no last domicile in Türkiye, by the court where the assets comprising the estate are located.
Specific conflict-of-laws rules also apply to the formal validity of testamentary dispositions and capacity to make them. A will drawn up in a foreign language or in accordance with the formal requirements of a foreign country is not, for that reason alone, deemed invalid; Türkiye is also a party to an international convention concerning the form of wills.
Certificate of Inheritance and Foreign Documents
As a general rule, a certificate of inheritance may be obtained from the civil court of peace or, in cases permitted by law, from a notary public. However, the authority of a notary is limited: notaries may not issue the certificate if it is requested by foreign nationals, if the population records are insufficient to establish heirship, or if issuing the certificate requires judicial proceedings. The relevant regulation also cites the presence of a foreign element in the request as an example of a situation requiring judicial proceedings. Therefore, in cases involving a foreign element, the certificate must be requested from the civil court of peace. In addition, a notary’s authority extends only to statutory heirs; a document evidencing that a person is an appointed heir or legatee must in all cases be obtained from the court.
A certificate of inheritance issued by the competent authority of a foreign country cannot be used directly in Turkey. Under the Land Registry Law, inheritance transactions concerning foreign natural persons are carried out on the basis of certificates of inheritance either issued by Turkish courts or obtained from a foreign competent authority and certified by Turkish courts as conforming to Turkish inheritance procedures.
Whether a death certificate, civil registry record, will or power of attorney issued abroad requires an apostille or consular legalisation and a notarised translation is determined by the country of issue and the international conventions to which Turkey is a party.
Heirs residing abroad may handle the process through a power of attorney. The power of attorney may be executed at Turkish consulates or, in countries party to the Apostille Convention, before a notary and bear an apostille certificate. In countries that are not party to the Convention, the notary’s signature must be authenticated by the competent authority, and that authority’s signature and seal must also be authenticated by the Turkish consulate. Special authority in the power of attorney is mandatory for acts such as filing a lawsuit and transferring immovable property. Acts such as renouncing the inheritance, signing a partition agreement and registering the transfer of inherited property at the land registry must also be expressly specified in the power of attorney.
Foreign Heirs and Immovable Property in Turkey
Foreign nationals may inherit real estate located in Türkiye. Since inheritance is a mode of acquisition that does not require registration, ownership passes automatically to the heir upon death; registration in the land register is declaratory rather than constitutive.
However, whether the heir may retain the property in their ownership must be assessed separately in light of the statutory restrictions on foreigners’ acquisition of real estate. Under the law, real estate and limited rights in rem may be acquired by nationals of countries designated by the President of the Republic; the total area of the acquired real estate and of limited rights in rem that are independent and perpetual may not exceed ten per cent of the area of the district subject to private ownership or thirty hectares per person nationwide. Provisions concerning military prohibited zones and security zones also apply. Outside the restrictions set out in the first paragraph, real estate and limited rights in rem acquired by inheritance must be liquidated and converted into cash if their owner fails to liquidate them within a period of no more than one year granted by the Ministry of Finance, and the proceeds must be paid to the person entitled to them.
It should not be overlooked that these restrictions do not apply to everyone. Persons who acquired Turkish citizenship by birth and subsequently lost it by obtaining permission to renounce their citizenship, together with their descendants down to the third degree, continue to enjoy the rights granted to Turkish citizens, except for the exceptions listed in the law; the acquisition of immovable property is not among those exceptions. In practice, these persons are referred to as Blue Card holders and are not subject to the acquisition restrictions applicable to foreigners or the associated liquidation proceedings.
Therefore, for a foreign heir, heirship and the continued ownership of a specific immovable property in Türkiye are issues that must be assessed separately. The heir’s personal sale of the immovable property within the one-year period is important to ensure that the sale price reflects market value. Since the tax must be paid in full for this sale, the liquidation period and the tax procedures must be planned together.
Assessment criteria
Assessment Criteria in Inheritance Matters
The approach to be followed in inheritance disputes is determined according to the scope of the estate, the status of the heirs and any testamentary dispositions. During the initial assessment, civil registry and land registry records, available documents and the statutory time limits may be considered together.
Whether the reserved share has been infringed, whether a transfer may be deemed collusive, and how the division is to be carried out are assessed on a case-by-case basis.
In cases involving a deceased person who was a foreign national or foreign-national heirs, the applicable law, where to obtain a certificate of inheritance, the use of foreign documents and the transfer of immovable property are of particular importance.
The firm's practice areas include disputes arising from inheritance law. To request a consultation, you can reach us via the contact page.
FAQs
Frequently Asked Questions
Where can a certificate of inheritance be obtained?
As a rule, a certificate of inheritance can be obtained from the civil court of peace (sulh hukuk mahkemesi) or, in cases permitted by law, from a notary public. However, if the certificate is requested by foreign nationals, if civil registry records are insufficient to establish heirship, or if issuing the certificate requires judicial proceedings, a notary public cannot issue it; requests involving a foreign element are also deemed to require judicial proceedings. A notary public’s authority is furthermore limited to statutory heirs. In inheritance disputes involving a foreign element, jurisdiction lies with the court of the deceased’s last domicile in Turkey; where there is no such domicile, jurisdiction lies with the court in the place where the estate assets are located.
If the inheritance is disclaimed, is the heir released from liability for the debts?
If the inheritance is duly and unconditionally disclaimed within the three-month period, the heir is not liable for the estate debts arising from the disclaimed inheritance. If, before the disclaimer period expires, the heir interferes with the estate in a manner exceeding ordinary administration, conceals estate assets, or appropriates them, the right to disclaim may be lost. If the deceased’s insolvency on the date of death was clearly evident or officially established, the inheritance is deemed to have been disclaimed. A disclaimer does not eliminate all liability: heirs who disclaim the inheritance of an insolvent deceased remain liable to creditors up to the value of the assets they received from the deceased during the five years preceding the death and would be required to return upon distribution.
Can a testator leave all of their assets to a single person?
The extent to which a testator may dispose of their estate depends on whether there are heirs entitled to a reserved share. A testator who is survived by descendants, parents, or a spouse may only make testamentary dispositions over the portion of the estate that exceeds the reserved shares; if none of these heirs exist, the testator may dispose of the entire estate. The reserved share is a fraction of the statutory share: one-half for descendants, one-quarter for each parent, and, for the surviving spouse, the full statutory share if inheriting alongside descendants or the parental line, or three-quarters of the statutory share in other cases. The reserved share for siblings was abolished in 2007. Heirs whose reserved shares have been impaired may bring a claim for reduction (tenkis) within one year from the date they learn of the impairment and in any event within ten years; even after these periods have elapsed, reduction may still be raised by way of defence (tenkis def’i).
How does an heir living abroad handle procedures in Turkey?
An heir may conduct such procedures through a power of attorney. The power of attorney may be executed at a Turkish consulate or, in countries party to the Apostille Convention, notarised and apostilled; in non-party countries, a chain of consular legalisation is required. For acts such as filing a lawsuit and transferring immovable property, the power of attorney must confer special authority; acts such as renouncing the inheritance, signing a partition agreement and registering the transfer of title at the land registry must also be expressly stated. An incompletely drafted power of attorney may lead to rejection of the transaction.
Can a foreign national inherit real estate in Turkey?
Yes. Nationals of foreign countries may inherit real estate in Turkey, and ownership passes automatically at the moment of death. However, whether the heir may continue to retain ownership of that property must be assessed separately under the statutory restrictions applicable to the acquisition of real estate by foreign persons. Subject to these restrictions, real estate and limited rights in rem acquired through inheritance will be liquidated and converted into proceeds, with the proceeds paid to the entitled person, if the owner does not liquidate them within a period of no more than one year granted by the Ministry of Finance. Persons who acquired Turkish citizenship by birth and subsequently renounced it with permission, as well as their descendants up to the third degree (Blue Card holders), are not subject to these restrictions.
How long do I have to bring an action based on muris muvazaası?
An action for cancellation of the title deed and registration based on muris muvazaası is not subject to any limitation period or preclusive time limit; a collusive transaction does not become valid merely through the passage of time. By contrast, a claim for reduction (tenkis), if asserted in the alternative in the same petition, remains subject to the one- and ten-year preclusive time limits. Moreover, because the action depends largely on witness testimony, the relationship between the values at the time of the contract and documents from that period, the passage of time may create difficulties of proof.
If the deceased transferred assets to one of their children during their lifetime, will this be taken into account in the distribution of the estate?
This question concerns collation, a distinct concept separate from the reserved portion and abatement. Statutory heirs are obliged, as between themselves, to return to the estate gratuitous inter vivos dispositions received from the deceased on account of their inheritance share, in order to achieve collation. Gratuitous dispositions made to descendants without consideration, such as providing a dowry or start-up capital, transferring assets, or discharging the descendant from debt, are subject to collation unless the deceased expressly provided otherwise. The heir subject to the obligation to return may either return the asset in kind or have its value set off against their inheritance share. In contrast, ordinary gifts and customary expenses incurred on the occasion of marriage are not subject to collation; as for expenses incurred for the education and training of children, the obligation to return arises only for the portion exceeding usual limits, unless it is proved that the deceased intended otherwise.
The explanations on this page are for general information purposes only and do not constitute legal opinion or advice. Since the circumstances of each specific case differ, a legal assessment should be made on a case-by-case basis.
The information on this page has been published, within the framework of the Turkish Bar Association Regulation on the Prohibition of Advertising, to provide information about the areas in which the firm operates, without implying any specialisation; it is not intended to solicit business.
Viewing this page or contacting us through the links or contact information provided on this page does not mean that an attorney-client relationship has been established between the attorney and the applicant, nor does it imply acceptance of the matter.
The information and time limits on this page were prepared in accordance with the legislation in force as of 6 September 2026. Since legislation may change, time limits should in any case be calculated in accordance with the current statutory text.
The legal course to be followed in inheritance disputes may vary depending on the estate of the deceased, the circumstances of the heirs, whether there is a will or any other testamentary disposition, and the nature of the dispute. It is therefore important to assess the heirs’ shares, the estate and any existing legal acts comprehensively from the outset.
Merve Kartal
attorney at law