A foreign heir normally applies to the civil court of peace for a certificate of inheritance (mirasçılık belgesi) that shows heir status and shares in Türkiye. The Notaries Law does not allow notaries to issue this document when it is requested by foreign nationals. In a court application, the death, the family relationship, citizenship and the applicable law are presented together. In most files, a foreign passport or an apostilled death certificate alone is not sufficient. 1 2
“Veraset ilamı” is the name commonly used in practice; the term used in the Turkish Civil Code (TMK) is “mirasçılık belgesi” (certificate of inheritance). This article deals with obtaining a new Turkish certificate of inheritance in a file with a foreign element. Recognition of a previously issued foreign document (recognition of a foreign certificate in Türkiye) or its certification for use in the land registry is related to this topic, but it is a separate legal route. The research date is October 13, 2026.
What does a certificate of inheritance show, and what does it not resolve?
The document sets out the heirs of the deceased, their status and their shares. Under Turkish law, statutory succession takes effect at death, so a certificate of inheritance is in principle declaratory. TMK Article 598 also provides that the invalidity of the certificate may always be asserted. An ordinary uncontested certificate does not permanently end every dispute over heirship. 1 For Turkish citizens, the general procedure is described in the article on certificate of inheritance.
The document is not a detailed inventory of the estate. It does not show the total of bank accounts, a mortgage on a property or all of the deceased’s debts. Likewise, it does not replace an estate partition agreement, a land registry entry or a tax return. Land disputes for foreign nationals and persons living abroad are covered in the article on land registry title annulment for foreigners and persons living abroad.
Is an heir the same person as a legatee?
A beneficiary named in a will is not necessarily appointed as an heir to the whole estate with a defined share. A bequest of a specific property or a sum of money may create a legatee’s claim (vasiyet alacaklısı). Under TMK Articles 598 and 600, correctly identifying the person’s status affects the type of document and the later claim. The statement “my name is in the will” does not establish the same succession authority over all assets.
For an appointed heir or a legatee, the documentation requirements include notice of the disposition by will and the objection procedure set out by law. Placing a private copy of the will in the initial file does not by itself complete the opening and notification steps. 1
When can the notary route not be used?
Article 71/B of the Notaries Law lists three significant obstacles: the need for litigation, insufficient population records, and a request made by foreign nationals. Article 5 of the relevant Regulation also treats foreign status as a circumstance in which no document may be issued. A foreign applicant should therefore not turn to a notary alone on the assumption that it is “faster”. 2 The effect of changes in parentage on inheritance is described in the article on the effect of parentage lawsuits on inheritance.
A Turkish citizen living abroad is not treated as a foreign national merely because the place of residence is a foreign country. However, the deceased’s foreign citizenship, the need to evaluate foreign family records, or another need for litigation may still prevent obtaining the document from a notary. Having a Turkish identity number does not show that the whole file can be resolved at a notary. The general framework for persons living abroad is discussed in the article on the estate of persons living abroad in Türkiye.
A Turkish-national heir who is not in the Turkish population records does not thereby lose heir status. Whether the records are sufficient and whether the right to inherit exists are separate questions. A certificate issued on the basis of an incomplete family record that leaves out other rightholders may create a dispute in later steps.
Which court is applied to?
Subject-matter jurisdiction
Issuing a new certificate of inheritance falls within the competence of the civil court of peace (sulh hukuk mahkemesi) under TMK Article 598 and Code of Civil Procedure No. 6100 (HMK), Articles 382–383. The presence of a foreign element does not by itself transfer jurisdiction to the civil court of first instance. A different claim, such as recognition of a foreign court judgment, has its own jurisdictional rules. What matters is the legal result requested, not the heading of the petition. 1 3 4
Territorial jurisdiction and the 2026 decision
Article 43 of Law No. 5718 on Private International and Procedural Law (MÖHUK) sets out, for inheritance actions, the deceased’s last residence in Türkiye or, if there is none, the place where estate assets are located. However, placing a non-contentious request for a certificate of inheritance automatically under this general inheritance-action scheme may cause problems. HMK Article 384 makes the court of the applicant’s or an interested party’s domicile competent, unless otherwise provided. 3 4 The share of a surviving spouse is described in the article on the surviving spouse’s inheritance rights.
In its decision of February 9, 2026 (E.2025/12017, K.2026/1820) determining the competent court, the 5th Civil Chamber of the Court of Cassation (Yargıtay 5. Hukuk Dairesi) addressed a request concerning an Iraqi national who had died. A jurisdictional dispute arose between two courts. The Chamber held that the request was a non-contentious certificate of inheritance matter and, relying on the connection under HMK Article 384, determined the 9th Civil Court of Peace in Mersin as the competent court. 5
The practical result of this decision is that a request for a document is not impossible merely because the deceased had no residence or property in Türkiye. However, the decision should not be generalized to mean that every estate case worldwide can be heard in any court in Türkiye. The applicant’s or an interested party’s place of residence, the legal interest and the basis for international jurisdiction must be explained in the specific file.
Which documents should be prepared?
The purpose of the document file is not only to show the fact of death. For the court to identify all the heirs and apply the correct law, complementary records are needed.
| Matter to be proven | Main document | Possible need if incomplete |
|---|---|---|
| Death and identity | Death record, identity document, passport | Explanation of differences in names and dates |
| Spouse’s status | Marriage record and, where required, earlier marriage records | Determining whether the marriage continued |
| Children and parentage | Birth record, population record, adoption or related decisions | Complete family chain and the effect of the decision |
| Citizenship | Citizenship records at the date of death | Dual citizenship or the date of a change |
| Disposition by will | Will and related procedural records | Opening, notification, objection and determination of status |
| Link with Türkiye | Address and, where required, asset records | Explanation of jurisdiction and legal interest |
| Earlier determination | Foreign certificate of inheritance | Nature of the document and its evidentiary value |
| Representation | Power of attorney suitable for the procedure | Original, certification, translation or special authority |
Does a death certificate show the heirs?
To the extent of its content, a death certificate proves the fact of death and identity. It may not show all children, earlier marriages, or special matters such as disinheritance or renunciation. For this reason, a death certificate alone should not be taken to mean that particular persons are the only heirs.
If an heir of the previous generation died before the deceased, additional records for that heir’s descendants may be needed. If an heir died after the deceased, two separate successions may need to be documented. The order of deaths is not merely a detail of the family chart: it can change who the rightholders are.
Form and translation of foreign documents
HMK Article 223 governs the translation of documents in a foreign language, and Article 224 governs the status of foreign official documents. Exemptions under applicable international agreements are reserved. An apostille, where required, confirms the official source of the document. It does not guarantee that the family information in the document is complete or that it complies with Turkish inheritance law. 3 6
The copy submitted to the court and the chain of certification and translation must be complete. Translating only one page of a document, omitting annexes, or placing in the file records of a different person with a similar name delays the review. The reason for any identity mismatch, and the record that resolves it, should be stated clearly.
Which law determines the shares?
Under MÖHUK Article 20, inheritance is in principle governed by the national law of the deceased; Turkish law applies to immovable property in Türkiye. Article 20(2), on the grounds for opening the succession, its acquisition and its partition, is also taken into account. The applicant’s citizenship cannot be used to calculate shares automatically. 4
Where foreign law applies, the court applies that law of its own motion under MÖHUK Article 2. The parties may assist the research by submitting current statutory text, a reliable translation, an official authority’s statement or an expert opinion suitable for evaluation. A party’s submitted view does not replace the court’s legal assessment.
Shares stated in a foreign certificate of inheritance can be important data. However, if a different connecting rule applies to a Turkish immovable property, it is not sufficient simply to copy those ratios. The scope of the request, the types of assets and the intended later use of the document must be considered together. A share result reached for an apartment in Türkiye should not be presented as a universal distribution decision for all of the deceased’s estate worldwide.
How do the application and court review proceed?
The subject of the petition is stated clearly
The petition states the deceased’s identity and date of death, all known heirs, family relationships, the foreign element, the basis for jurisdiction and the document requested. Each enclosed document is presented together with the fact it proves. Adding an unrelated land registry title annulment or the enforcement of a foreign judgment to a request without an opposing party may create issues of jurisdiction and procedure.
An applicant should not seek a document only for their own share by concealing other heirs. A certificate of inheritance requires that all heirs and shares be correctly identified. If an unknown person or record exists, this should be stated as unknown, so that it becomes the subject of inquiry.
Missing records and foreign law research
In non-contentious proceedings, the principle of ex officio investigation (resen araştırma) under HMK Article 385 is important. However, this principle does not justify the applicant’s failure to submit the documents in hand, nor does it mean that the court will carry out unlimited inquiry in every foreign country on its own initiative. The relevant country, authority and family connections should be specified as far as possible. 3
The court may request population and institutional records, research foreign law and, where necessary, evaluate additional evidence. Delays are often caused not only by the court’s workload but also by a gap in the family record or an incorrect certification. For this reason, no fixed number of days should be promised for the outcome.
Checking use after the decision
When the document is obtained, the name, date of birth, citizenship, the total of the shares and the identity of the deceased are checked. A clerical error in spelling or a calculation mistake is not handled through the same correction route as an incorrect identification of the group of heirs. How the document will be submitted in a land registry, bank or tax transaction is also planned separately.
Obtaining a certificate of inheritance does not restart any tax period. Registration of title in the land registry and payment by a bank are not carried out automatically. A further request from the institution that will use the document must be assessed to determine whether it concerns heir status, representation authority, or another condition specific to that transaction, and it should be answered accordingly.
What remedies exist against an incorrect document or a refusal?
Under HMK Article 387, non-contentious decisions may be appealed to the regional court of appeal (istinaf) within two weeks for interested parties with a legal interest, subject to special provisions. The starting point of the period depends on the type of decision and the special rule applicable to the file, and should be assessed separately in each case. The fact that invalidity of a certificate may always be asserted does not mean that the period for a particular decision is unimportant. 1 3
For notarial acts, Article 71/C of the Notaries Law provides an objection (itiraz) route to the civil court of peace. A contentious annulment of a document issued by the court, an objection to a notarial act and the issuance of a new document are not the same request. The parties are determined by the nature of the specific application for jurisdiction and subject matter; a single court name cannot be used for every route. 2
Example: a document omitting a foreign spouse
In its decision of January 7, 2026 (E.2025/2458, K.2026/81), the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) examined a dispute concerning a document obtained from a notary that did not show the share of a foreign spouse. In addition to the result of cancellation and a new document, the fact that the other heirs proceeded with a flawed document while knowing of the spouse’s right was significant for the allocation of litigation costs. The regional court of appeal’s decision was upheld. 7
The warning this decision gives in practice is that the fact that an official document has been obtained does not justify ignoring a known family reality. The decision should not be extended to mean that all foreign marriages are accepted without any review, or that every annulment application will proceed in the same way.
Court fees, costs and security
Court fees and advances on costs, the cost of obtaining foreign documents, translation, certification, postage and, if necessary, expert review are separate expenses. Attorney’s fees are different from these. In a preliminary assessment, the reason each item may arise should be shown; a definitive total fee or a timeline for the outcome should not be given without reviewing the file.
Where a foreign national files an action in Türkiye or carries out a related procedural step, the exemption from security for costs and reciprocity under MÖHUK Article 48 must be considered separately. The applicable bilateral or multilateral agreement, the person’s status and the nature of the request are important. The generalization that “every foreigner must deposit security at a certain rate” is not correct. 4
Conclusion
A foreign heir’s file for a Turkish certificate of inheritance is not only a matter of translating a document. The chain of death and family, the law to be applied, the appropriate court and the intended later use must be prepared together. A complete document file makes the process easier, but obtaining the document does not by itself end the estate debts, tax obligations or institutional procedures.
Frequently Asked Questions
Can a foreign national obtain a certificate of inheritance from a notary?
Article 71/B of the Notaries Law prevents notaries from issuing a certificate of inheritance when it is requested by foreign nationals. The route through the civil court of peace is considered.
Must a Turkish citizen living abroad also apply to a court?
Living abroad alone is not a sufficient reason for this. However, other foreign elements in the file, gaps in the records or a need for litigation may require the court route.
Must all heirs take part in the application?
One heir may request the document. However, all known heirs must be identified in the file, and the applicant should not be regarded as the representative of the others.
If there is no immovable property in Türkiye, can a document not be obtained?
This result is not automatic. The legal interest in the request and the connection for jurisdiction are examined. The Court of Cassation decision of February 9, 2026 shows the importance of the HMK Article 384 connection in non-contentious certificate requests.
Are shares from a foreign document copied word for word into a Turkish document?
Not always. The applicable law, and in particular the rule for immovable property in Türkiye, is assessed separately.
If the document is wrong, can rights no longer be claimed?
TMK Article 598 provides that the invalidity of the certificate may always be asserted. However, the correct route, the parties and the appeal periods for particular decisions also matter.
Sources and legal bases
- Turkish Civil Code No. 4721 (Türk Medeni Kanunu), Articles 598–600. Full text.
- Notaries Law No. 1512 (Noterlik Kanunu), Articles 71/A–71/C; Regulation dated October 4, 2011, Article 5. Law · Regulation.
- Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), Articles 223–224 and 382–388. Full text.
- Law No. 5718 on Private International and Procedural Law (MÖHUK), Articles 2, 4, 20, 40, 43, 48 and 51. Full text.
- 5th Civil Chamber of the Court of Cassation (Yargıtay 5. Hukuk Dairesi), February 9, 2026, E.2025/12017, K.2026/1820, grounds and jurisdictional determination. Decision text.
- HCCH, Apostille Convention of 1961, Articles 1–5. Convention.
- 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), January 7, 2026, E.2025/2458, K.2026/81, appeal and cassation review. Decision text.