Inheritance is a significant aspect of personal and family matters, involving the transfer of assets and property after an individual’s passing. To facilitate this process, various legal documents come into play, with one of the key documents being the Inheritance Certificate. This article provides an in-depth exploration of what an Inheritance Certificate is, how it is obtained, its significance, and the procedural steps involved.
Understanding Inheritance Certificate: Acquisition, Purpose, and Process
What is an Inheritance Certificate?
An Inheritance Certificate, also known as a Succession Certificate, is a legal document that establishes the rightful heirs of a deceased person and their share in the assets and property left behind. It is an essential document that simplifies the process of transferring ownership and managing the deceased’s assets, ensuring a smooth transition of wealth and property to the rightful heirs.
Obtaining an Inheritance Certificate
Acquiring an Inheritance Certificate involves a legal procedure that varies from country to country. However, the general steps typically include:
- Application: The process begins with the filing of an application by the legal heirs of the deceased. This application is submitted to the relevant court that holds jurisdiction over inheritance matters.
- Documentation: The applicants need to provide necessary documents, such as the death certificate of the deceased, details of the deceased’s assets and liabilities, and proof of relationship with the deceased.
- Publication: After verifying the application and documents, the court may require the applicants to publish a notice in a local newspaper. This notice invites any potential claimants to come forward with their objections within a specified time frame.
- Legal Proceedings: If no objections are raised or if objections are resolved, the court proceeds with the legal proceedings. The court may require additional documentation or evidence to establish the authenticity of the claims.
- Grant of Certificate: Once satisfied with the evidence and claims, the court issues the Inheritance Certificate to the rightful heirs, specifying their respective shares in the deceased’s assets.
Significance of Inheritance Certificate
The Inheritance Certificate serves several important purposes:
- Property Transfer: It enables the legal heirs to officially claim and transfer the deceased’s assets and property in their names.
- Avoiding Disputes: The certificate identifies the heirs and their shares. Under Turkish law, it creates a presumption in favour of the persons named in it until the contrary is proven, and it can be annulled in a lawsuit, as explained below.
- Financial Transactions: The certificate is essential for any financial transactions involving the deceased’s assets, such as selling or transferring property, accessing bank accounts, or dealing with investments.
- Legal Authority: With the certificate, heirs gain the legal authority to manage and distribute the deceased’s assets according to their respective shares.
Inheritance Certificates play a crucial role in simplifying the complex process of asset transfer after an individual’s demise. Obtaining this document involves a legal process that ensures transparency and minimizes disputes among family members. By officially establishing the rightful heirs and their share in the inheritance, the Inheritance Certificate provides the legal foundation necessary for the smooth transition of wealth and property from one generation to the next.
What should the heirs do in case of death of foreigners who own property in Turkey?
When a foreign national who owns property in Turkey dies, the first question is which law governs the inheritance. Under Article 20 of the Code on Private International and Procedural Law No. 5718, inheritance is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey. A house or apartment in Turkey is therefore inherited under Turkish inheritance rules, whatever the nationality of the deceased.
This has a direct effect on the inheritance certificate. The Turkish Court of Cassation, known as Yargıtay, held in its 7th Civil Chamber decision of 12.01.2026, E. 2025/3452, K. 2026/153, that because movables follow the national law of the deceased and immovables in Turkey follow Turkish law, a separate inheritance certificate must be issued for each.
Foreign heirs can acquire inherited immovable property in Turkey only if reciprocity between Turkey and their country existed on the date of death. In a case concerning a death in 1980, an earlier reversal by the (now closed) Yargıtay 14th Civil Chamber, quoted in the 7th Civil Chamber’s decision of 04.11.2025 (E. 2025/3698, K. 2025/4648), required the court to ask the Ministry of Foreign Affairs, through the Ministry of Justice, whether legal or factual reciprocity existed on that date; the 7th Civil Chamber then affirmed the judgment given after that inquiry. The same chamber stated in its decision of 18.11.2025, E. 2025/3813, K. 2025/4834, that the absence of reciprocity affects only the acquisition of immovables, and the foreign heir remains an heir for the movable assets of the estate. This reciprocity condition reflects the version of Article 35 of the Land Registry Law that applied before 18 May 2012, and the deaths in both of the cases above (1980 and 1982) occurred long before that date. Since the amendment made by Law No. 6302, Article 35 no longer conditions a foreign national’s acquisition of immovable property on reciprocity; for a death on or after 18 May 2012, the relevant question is instead whether the heir’s country of nationality is among those the President of the Republic has determined under the current text of Article 35 — the same list that applies to an ordinary purchase by a foreign national.
Article 35 of the Land Registry Law No. 2644 also limits the total area that foreign natural persons can own. Where property is inherited outside those limits, the owner is given a period of up to one year by the Ministry of Finance to dispose of it, and if it is not disposed of within that period, it is liquidated and its value is paid to the owner.
How to Obtain an Inheritance Certificate in Turkish Law?
Under Article 598 of the Turkish Civil Code, a certificate showing the status of heir is issued upon application by a civil court of peace or by a notary to the persons determined to be legal heirs. An application to the court is a non-contentious proceeding filed without an opposing party. For such proceedings, the Yargıtay 5th Civil Chamber stated in its decision of 21.04.2025, E. 2025/962, K. 2025/5615, that the court of the place where the applicant or one of the interested persons resides has jurisdiction.
The court investigates the matter of its own motion. The Yargıtay Assembly of Civil Chambers stated in its decision of 03.05.2023, E. 2021/466, K. 2023/396, that in these cases it is the judge’s duty to determine all heirs of the deceased and their shares, not only the person who applied, and that the principle of ex officio investigation applies because the matter concerns public order.
An inheritance certificate is not a final judgment. The Yargıtay 7th Civil Chamber stated in its decision of 16.09.2024, E. 2023/3215, K. 2024/3837, that the certificate creates a presumption in favour of the persons named in it until the contrary is proven. In its decision of 24.04.2024, E. 2023/1464, K. 2024/2177, the same chamber stated that decisions given in non-contentious proceedings do not become final judgments and can be changed or set aside in an annulment lawsuit. Under Article 598 of the Turkish Civil Code, the invalidity of a certificate can be raised at any time.
Errors in these certificates can arise where one of the heirs is a foreign national. In a case decided by the first-instance court and affirmed by the Yargıtay 7th Civil Chamber on 07.01.2026 (E. 2025/2458, K. 2026/81), a notary-issued certificate that had left out the surviving spouse of foreign nationality was annulled, and the shares were redistributed to include the spouse.
Inheritance lawsuits concerning a foreign deceased are heard, under Article 43 of Code No. 5718, by the court of the deceased’s last domicile in Turkey, or, if the deceased had no domicile in Turkey, by the court where the assets of the estate are located.
Heirs of a foreign property owner in Turkey usually need an inheritance certificate before the property can be registered in their names at the land registry. The practical steps are gathering the civil status records that show the family relationships, translating documents issued abroad, and applying to a notary or a civil court of peace in Turkey.
The Role of an Attorney
An attorney handling an inheritance certificate for a foreign property owner in Turkey typically carries out the following work:
- Legal Assessment: Determining which law applies to the movable and immovable assets, whether reciprocity is required and which authority or court has jurisdiction.
- Documentation Preparation: Gathering and preparing the civil status records, death certificate and translations needed for the application.
- Application: Filing the application with a notary or a civil court of peace and following the proceedings.
- Communication: Corresponding with the court, the land registry and other authorities on behalf of the heirs.
- Disputes: Where a certificate is incomplete or incorrect, assessing an annulment lawsuit or other remedies.
- Registration: Following the registration of the inherited property in the heirs’ names at the land registry.
An inheritance certificate is the starting point for transferring property in Turkey to the heirs of a foreign owner. Because the applicable law, reciprocity and the certificate itself are assessed under Turkish rules, these points are checked before the land registry transfer.
What Does a Real Estate Lawyer Do About Compliance With Local Law?
Heirs who decide to keep or sell inherited property in Turkey carry out the same legal checks as any buyer or seller, such as the title deed record and the zoning status of the building. These checks are explained in the guide on buying property in Fethiye as a foreigner.
Legal services in English for inheritance, property and other matters involving foreign nationals are described on the Fethiye lawyer and law firm page.
| Issue | Rule under Turkish law | Source |
|---|---|---|
| Applicable law | Inheritance is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey | Law No. 5718, Art. 20 |
| Number of certificates | Because movables follow the national law and immovables in Turkey follow Turkish law, a SEPARATE inheritance certificate must be issued for each | Yargıtay 7th Civil Chamber, 12.01.2026 |
| Who issues the certificate | A civil court of peace or a notary, upon application. A court application is a non-contentious proceeding filed without an opposing party | Turkish Civil Code, Art. 598 |
| Jurisdiction (non-contentious) | The court of the place where the applicant or one of the interested persons resides | Yargıtay 5th Civil Chamber, 21.04.2025 |
| Scope of the court’s duty | The judge must determine ALL heirs and their shares of its own motion, not only the applicant — the matter concerns public order | Yargıtay Assembly of Civil Chambers, 03.05.2023 |
| Legal weight | Not a final judgment: it creates a presumption in favour of the persons named in it until the contrary is proven, and can be set aside in an annulment lawsuit at any time | Yargıtay 7th Civil Chamber, 16.09.2024 and 24.04.2024; Turkish Civil Code, Art. 598 |
| Foreign heirs — deaths BEFORE 18 May 2012 | Acquisition of immovables required reciprocity on the date of death; the court must ask the Ministry of Foreign Affairs through the Ministry of Justice. Absence of reciprocity affects ONLY immovables — the foreign heir remains an heir for movables | Yargıtay 7th Civil Chamber, 18.11.2025 (and, for the inquiry to the Ministry of Foreign Affairs, an earlier reversal quoted in its decision of 04.11.2025) |
| Foreign heirs — deaths ON OR AFTER 18 May 2012 | Reciprocity no longer applies (Law No. 6302). The question is whether the heir’s country is among those determined by the President under the current text | Land Registry Law No. 2644, Art. 35 |
| Area limits | Where inherited property exceeds the limits for foreign natural persons, the Ministry of Finance grants up to one year to dispose of it; otherwise it is liquidated and its value paid to the owner | Land Registry Law No. 2644, Art. 35 |
| Lawsuits on a foreign deceased | Heard by the court of the deceased’s last domicile in Turkey; if none, the court where the estate assets are located | Law No. 5718, Art. 43 |
Frequently Asked Questions
What is an Inheritance Certificate?
An Inheritance Certificate, also known as a Succession Certificate, is a legal document that establishes the rightful heirs of a deceased person and their share in the assets and property left behind.
What documents are required to obtain an Inheritance Certificate?
Applicants typically need to provide the death certificate of the deceased, details of the deceased’s assets and liabilities, and proof of relationship with the deceased.
What are the steps to obtain an Inheritance Certificate?
The process generally includes application to the competent court, submission of documentation, possible publication of a notice for objections, legal proceedings, and finally the grant of the certificate specifying each heir’s share.
Who issues an inheritance certificate in Turkey?
Under Article 598 of the Turkish Civil Code, a civil court of peace or a notary issues the certificate upon application.
Do the heirs of a foreigner need separate inheritance certificates in Turkey?
Yes. The Yargıtay 7th Civil Chamber held in its decision of 12.01.2026, E. 2025/3452, K. 2026/153, that separate certificates must be issued for movables, which follow the national law of the deceased, and for immovables in Turkey, which follow Turkish law.
Can a foreign heir inherit property in Turkey if there is no reciprocity?
The absence of reciprocity on the date of death prevents the acquisition of immovable property, but the person remains an heir for the movable assets, as stated by the Yargıtay 7th Civil Chamber in its decision of 18.11.2025, E. 2025/3813, K. 2025/4834. This rule applies to a death that occurred before the Land Registry Law’s reciprocity requirement was removed on 18 May 2012; for a death on or after that date, a foreign heir’s acquisition of immovable property instead depends on whether their country is on the list the President of the Republic currently determines under Article 35.
Is a Turkish inheritance certificate final?
No. It creates a presumption in favour of the persons named in it until the contrary is proven, and it can be set aside in an annulment lawsuit.
What happens if a foreign spouse is left out of an inheritance certificate?
The certificate can be annulled. In a case decided by the first-instance court and affirmed by the Yargıtay 7th Civil Chamber on 07.01.2026 (E. 2025/2458, K. 2026/81), a notary-issued certificate that omitted a surviving spouse of foreign nationality was annulled.
Which court hears an inheritance case about property in Turkey if the deceased lived abroad?
Under Article 43 of Code No. 5718, the case is heard by the court where the assets of the estate are located if the deceased had no domicile in Turkey.
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Av. Mustafa Kocatepe
Legal notice: The information in this article is general in nature and does not constitute legal advice or a legal opinion. To avoid losing any rights, the specific circumstances of each case should be assessed by a lawyer. — Av. Mustafa Kocatepe
