A foreign heir often needs to show their heirship with a usable document in order to transact at a bank, land registry or other institution in Türkiye. A certificate of inheritance (mirasçılık belgesi), also called veraset ilamı, determines the heirs of the deceased and their shares. The document alone does not investigate the assets, does not extinguish debts and does not show that a foreigner may acquire immovable property without limit. [1] For details, see the article on title transfer to a foreign heir.
Notary or Civil Court of Peace?
Article 71/B of the Notaries Law No. 1512 (Noterlik Kanunu) limits the power of notaries to issue documents where civil registry records are insufficient, where applications are made by foreigners, or where proceedings are required. For cases with a foreign element (yabancılık unsuru), foreign family records and files requiring examination of foreign law, the route to the civil court of peace (sulh hukuk mahkemesi) should be the principal route. Conversely, living in Germany alone does not mean that a Turkish citizen whose civil registry records are complete cannot apply to a notary in every case. [2] [3]
The choice of court distinguishes between subject-matter and territorial jurisdiction. A certificate of inheritance is a non-contentious proceeding; its international jurisdiction is assessed under Law No. 5718 on Private International and Procedural Law (MÖHUK) and the nature of the request. Article 43 of Law No. 5718 regulates, for actions relating to inheritance, the deceased's last place of residence in Türkiye and, where there is none, the location of the estate property. The jurisdictional rules for a recognition action (tanıma davası) must not be confused with this application. [4]
Which Law Governs the Calculation of Shares?
The basic distinction in Article 20 of Law No. 5718 is between the national law of the deceased and Turkish law, which applies to immovable property in Türkiye. A foreign heir's passport alone does not determine the calculation of shares. The citizenship of the decedent at the time of death, dual citizenship, the nature of the estate and the date of death are examined. Where the content of foreign law must be established, the court applies it ex officio and may ask the parties for assistance. [4]
Where a bank presence in Türkiye and immovable property call for different assessments, the claims and documents must be prepared accordingly. Applying one share table to all assets may lead to rejection at a bank or land registry later. A foreign court judgment, if one exists, may be submitted to the file as evidence; automatic binding effect should not be assumed. For examples of application, the article on rejection of estate transfer due to missing documents may also be read.
Neşe Baran Çelik's study on the issuance of certificates of inheritance involving a foreign element also addresses the private international law dimension of these applications. In practice, who will issue the document and which law will govern the inheritance should be evaluated as separate questions. [5]
Documents Must Show an Unbroken Family Chain
Death, marriage and descent records
A death certificate, birth and marriage records, the finality of a divorce, adoption, and documents relating to heirs who died earlier are prepared together. If a child of the decedent died before the decedent, that child's descendants are examined; if the child died after the decedent, a second succession transfer is examined. These two events may not produce the same share calculation. [1]
Attestation and translation
The usability of foreign official documents is assessed under Article 224 of Law No. 6100 on Civil Procedure (HMK) and applicable international agreements. Apostille, other certifications where needed, and a Turkish translation must be completed. A name written in different alphabets, a former surname or a difference in the date of birth should also be explained separately. A correction in a translation does not remove an error in the source civil registry record. [3]
| Document type | What it proves | Common gap |
|---|---|---|
| Death record | Death and its date | Death not recorded in Turkish registers |
| Birth and family record | Descent | Missing document for an intermediate generation |
| Marriage and divorce | Spousal status | Finality of divorce or name link |
| Will | Appointment or specific bequest of property | Missing original, opening and notification |
| Foreign certificate of inheritance | Determination by a foreign authority | Legal effect not explained |
| Power of attorney | Representation | Authority and certification suitable for the transaction |
How Does the Court Application Proceed?
The petition identifies the decedent and the applicant and explains the death, the family structure, citizenship and the connection to Türkiye. Documents are submitted in numbered form. Known other heirs must not be withheld; gaps in addresses and identity must be stated expressly. The court may require records to be obtained, foreign law research or additional documents.
Presence of all heirs in Türkiye on the same day is not a general requirement for issuing the certificate. On the application of a right holder, all heirs and their shares may be determined. However, the applicant's statement that they are the "only heir" does not replace the investigation; the process may take longer, particularly if foreign records are incomplete. [1] [3]
The Investigation Duty Shown by an Actual Court Decision
In the decision of the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) dated April 29, 2024, E.2024/1330, K.2024/2250, a file involving a foreign citizen heir was examined. In earlier reversals, investigation of descent was requested because of the historical acquisition conditions relating to a death in 1959 and a claim that the applicant was the daughter of another heir. The decision accepting the application, issued after the investigations, was affirmed. [6]
The practical value of the decision is that a list of heirs submitted by the applicant alone is not sufficient. The decision cannot be read as requiring the former reciprocity condition to be applied exactly to all deaths occurring in 2026. The date of death and the law in force must be kept separate.
Defective Documents and the Stage of Use at an Institution
The invalidity of a certificate of inheritance may always be raised; the document is not an immutable ownership ruling in substantive terms. Where an heir is missing or a share is wrong, the route to correction or cancellation depends on the type of error. An objection to a notarial document and the cancellation of a court document are not the same procedural step. In a dispute affecting the rights of persons, the joinder of all parties must not be left incomplete. [1] [2]
After the document is received, the name, identity, total of shares, date of death and the verification elements required by the institution are checked. Payment at a bank, registration at a land registry and the tax declaration are carried out separately. If a translation or use of the decision in a foreign country is required, the certification route for it is also a separate item in the file.
Why a Certificate of Inheritance Is Not a Final Ownership Decision
A certificate of inheritance is an important document for heir status and share; however, it does not fix which assets belonged to the decedent. Obtaining it does not show that the entire bank balance belonged to the deceased, that a mortgage on a property has ended, or that the estate is free of debts. Article 598 of Law No. 4721 on the Turkish Civil Code (TMK) provides that the invalidity of the certificate may always be raised. This feature prevents the document's legal effect from being treated like an ordinary final judgment for a receivable. [1]
A person who is not named as an heir in the document may have a right to sue or object, and suspending the institution's transaction in which the document is used is a separate matter. A claim of invalidity does not automatically reverse a registration or payment already made. Where property was transferred on the basis of an erroneous document, the nature of the last transaction may separately give rise to needs for restitution, registration, liability or interim protection. For this reason, the correction process and the protection of the property should be planned together.
How Is Research into Foreign Family Records Deepened?
The missing link in the record chain must be found
The applicant's birth certificate alone does not always show the connection to the decedent. Records showing the decedent's child status, together with records of name change, marriage and divorce, must trace the same person. Where the inheritance of a grandchild is at issue, the death date of the intermediate child or any other circumstance affecting heirship must also be explained. Where family members have different citizenships and surnames, a statement that "you are from the same family" does not replace the missing official link.
Where the parents' details are missing from the birth record, or where a separate decision on adoption or descent exists, the scope of the application may change. If whether the person named in the application is an heir depends on the resolution of another legal relationship, the evidence on that preliminary question and its effect in Türkiye are examined. A court's request for additional documents is not the same as the court definitively accepting that the applicant is not an heir. Understanding from the deficiency letter which connection could not be established prevents an accumulation of unnecessary documents. [3] [4]
Access difficulty must be explained where documents cannot be found
For documents that are difficult to access because of age, war, migration or changes in registration, it matters which authority was approached, when, and what answer was given. The absence of a document should not be stated only orally; archive responses, negative registry searches and possible alternative records should be presented. This does not automatically remove the court's standard of proof. However, it makes the additional investigation concrete and distinguishes records that are genuinely unreachable from records that were never requested.
How Are Jurisdiction and the Court's Duty Determined?
Issuing a certificate of inheritance is a non-contentious proceeding heard by the civil court of peace. Under the domestic jurisdiction rules and, in a file with a foreign element, the international jurisdiction of Turkish courts are examined together. For inheritance actions under Article 43 of Law No. 5718, the decedent's last place of residence in Türkiye is the reference point; where there is none in Türkiye, the location of the estate property is taken. The non-contentious proceedings provisions of Law No. 6100 are also evaluated in view of the nature of the request. It cannot be said that any randomly chosen civil court of peace is competent for every death abroad. [4] [3]
The application file should include the death certificate, citizenship information, family records, records showing the connection to Türkiye and a power of attorney where applicable. If the petition is limited to a request for a certificate of inheritance, a permission to sell immovable property or a decision on the division of the estate should not be expected. Explaining which institution and which property transaction the requested document is needed for makes the direction of the investigation visible; however, it does not automatically limit the scope of the document to that property.
Foreign Law Research and Share Calculation
Where the decedent is a foreign citizen, the law applicable to each asset is first determined. For example, different connecting factors may arise for a property in Türkiye and for a bank deposit. Under foreign law, the spouse's share, the legal position of the children, renunciation of inheritance or the effect of certain transactions made during the owner's lifetime may differ from Turkish law. These differences cannot be resolved by having a translator change the share percentage; a legal assessment is necessary. [4]
Under Article 2 of Law No. 5718, the parties may be asked to assist in establishing the content of foreign law. The submitted text should state the country, the date of entry into force, the relevant article, a reliable source and a translation. A private website's statement that "the spouse takes everything" is not sufficient support if it does not show its conditions and exceptions. The statute text, current commentary and, where necessary, the relevant judicial decision are assessed together. Whether applicable foreign law could not be determined despite all research is different from moving to Turkish law without any research.
How Should a Decision Example Be Used?
The above-mentioned decision of the 7th Civil Chamber of the Court of Cassation, E.2024/1330, K.2024/2250, is important in showing that completing a missing investigation can change the outcome of a file. Rather than attaching the decision to a petition merely as a citation, the petition should explain which descent or death record is missing in the concrete file and which investigation could complete it. The historical events and the earlier reversal process of the decision do not mean that the same shares or the same property acquisition outcome will arise in a new file. [6]
In academic review too, the issuance of a certificate of inheritance involving a foreign element, the effect of the document and the assessment of foreign records are treated as separate problems. Neşe Baran Çelik's study helps in examining these distinctions; legislative and practical developments after the article's publication date must be evaluated separately. Doctrine does not replace the court's examination of the concrete file. [5]
Which Outcome Should Be Targeted When Correcting a Defective Document?
The route for objection to a notarial document is regulated in Article 71/C of the Notaries Law No. 1512. Where the dispute concerns the invalidity of a document issued by a court, the claim, the parties and jurisdiction are examined separately; the route specific to notarial documents cannot be applied identically to all documents. To correct a wrong share, to add a missing heir or to remove the effect of two conflicting documents, the existing documents must be submitted together. [2] [1]
When a new document is obtained, the banks, land registry offices or other institutions where transactions were carried out must be enabled to know which document is valid. Where there is a risk of new transactions being made with old copies, the relevant protective route is assessed. The file is concluded not merely by obtaining a new document, but by reflecting the correction in the affected transactions.
Conclusion
A correct certificate of inheritance for a foreign heir is obtained through unbroken family records and an examination of the law that must be correctly applied. The aim of the application is not merely to issue a document, but to ensure that the document is applied at banks, land registry offices and other institutions to the right persons and shares.
Related articles: Estate Transfer in Türkiye for Foreigners and Non-Residents: Documents, Procedures and Completion; How to Handle Estate Procedures in Türkiye Without Travelling There: Power of Attorney from Abroad and Remote Follow-Up; Foreign Certificate of Inheritance in Türkiye: Is It Valid? Apostille, Court Decision and How to Use It.
Frequently Asked Questions
Can a foreign heir apply alone?
A right holder may apply; the other heirs must also be correctly determined. Requirements on representation and legal capacity remain reserved.
Is a residence permit in Türkiye required for the document?
Heir status does not arise from a residence permit. Identity, citizenship and the jurisdictional connection of the application to Türkiye are assessed.
If I already have a foreign certificate of inheritance, is a new one not needed?
This conclusion cannot be reached without examining the legal nature of the document and the transaction to be carried out.
Does a certificate of inheritance automatically change the title deed?
No. A separate application and registration procedure is required for the title transfer.
Sources and legal bases
- Turkish Civil Code No. 4721 (4721 sayılı Türk Medeni Kanunu)
- Notaries Law No. 1512 (1512 sayılı Noterlik Kanunu)
- Law No. 6100 on Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu)
- Law No. 5718 on Private International and Procedural Law (5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun)
- Neşe Baran Çelik, Regulation of Inheritance Certificates Involving a Foreign Element in Türkiye (Türkiye’de Yabancılık Unsuru İçeren Mirasçılık Belgelerinin Düzenlenmesi), Dicle Üniversitesi Hukuk Fakültesi Dergisi
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), April 29, 2024, E.2024/1330, K.2024/2250
Legislation and content update date: October 13, 2026. The access and review records of the decisions are also shown in the source file.