LEGAL ASSESSMENT

Determining the right of inheritance, transferring the assets and partitioning them are separate stages

International estate matters may involve more than one legal system because of the decedent’s nationality, the countries where the heirs live or the place where the assets are located. A foreign certificate of inheritance does not by itself complete all of the immovable property and bank procedures in Türkiye. The applicable law, the effect of the document in Türkiye, tax obligations and the conditions for succession transfer are examined together.

Güneş & Güneş Law Firm provides advice and representation in estate files with a Türkiye connection for identifying the heirs, the certificate of inheritance, immovable property and bank procedures, protection of the estate and resolution of disputes. Where necessary, procedures and documents abroad are coordinated with authorized counsel in the relevant country.

SCOPE OF SERVICES

Our Services in International Estate Files

Review the heading that fits your needs. The procedures to be undertaken are determined by assessing the documents and the circumstances of the file.

Heirs and applicable law

The legal framework is determined on the basis of nationality, family records and the country where the assets are located.

Examination of the decedent’s nationality, date of death and family ties
Separation of the immovable property in Türkiye from the other assets
Assessment of the rules applicable to inheritance shares, acquisition and partition

Certificate of inheritance and foreign documents

The type of document that can be used in the procedure and the necessary court route are determined.

Obtaining a certificate of inheritance from a court in Türkiye
Examination of the nature of a foreign certificate of inheritance and of its effect in Türkiye
Completion of population, kinship, death and marital status records

Identifying and protecting the estate

The inheritance is addressed not only in terms of claims and assets but also of debts and the need for protection.

Identification of known immovable property, bank accounts, company shares and other rights
Assessment of estate debts, pending lawsuits and security
Requests for determination, protection and other judicial measures where appropriate

Foreign wills

The form and content of the will and its consequences in Türkiye are examined separately.

Assessment of wills, inheritance contracts and documents issued by foreign authorities
Determination of the opening, notification and necessary judicial procedures
Examination of validity and heirs’ rights under the applicable law

Succession transfer of immovable property

The records of the immovable property in Türkiye and the conditions under which the foreign heir may acquire it are checked together.

Examination of title deed, share, encumbrance and identity records
Preparation of the certificate of inheritance and of the application for succession transfer
Assessment of the liquidation and value processes that may apply if there is an acquisition restriction

Bank and tax procedures

After capacity as heir has been proven, the transaction documents requested by institutions are prepared.

Coordination of the applications required for bank accounts and receivables
Assessment of the inheritance and transfer tax return and of the payment conditions
Checking documents and authority for partition, payment and transfers abroad

Partition and estate disputes

Disagreements among heirs are addressed according to the applicable law and the assets.

Options for a partition agreement and for dissolution of co-ownership (izale-i şuyu)
Objection to the certificate of inheritance and the necessary correction applications
If the conditions are met, annulment of the will, abatement (tenkis) and other estate lawsuits

Disclaimer of inheritance and debt risk

Before any action is taken concerning the estate, the debts, time limits and the effect of conduct are examined.

Determination of the law applicable to the right of disclaimer and of when the period starts
Assessment of the legal consequences of disposing of estate assets
Preparation of appropriate judicial applications and protection options

Coordination with heirs abroad

The procedures that can be carried out without coming to Türkiye, the authority of representation and the stages in the foreign country are determined.

Planning a power of attorney suited to the procedure, translations and the necessary certifications
File coordination with foreign counsel, notaries and the relevant authorities
Matching the procedures in Türkiye and abroad in terms of dates and documents

BEFORE YOU DECIDE

Important Legal Distinctions for Foreign Heirs

The fact that a document has been issued, an inheritance share has been determined or a tax return has been filed does not mean that all other stages have been completed.

Immovable property and other assets in Türkiye

Under Article 20 of the Law on Private International Law and Procedure (MÖHUK), inheritance is in general subject to the national law of the decedent; Turkish law applies to immovable property located in Türkiye. The provisions on the opening, acquisition and partition of the inheritance also depend on the law of the country where the estate is located. It should not be assumed that the law of a single country will apply to the whole file.

Notary document or court route

Article 71/B of the Notary Law (Noterlik Kanunu) leaves the notary route outside its scope where a certificate of inheritance is requested by foreigners. For the foreign heir’s need for a document in Türkiye, the court route is considered. Where the document will be used and the nature of the existing foreign document are also important.

Using a foreign document at the land registry

Article 37 of the Land Registry Law (Tapu Kanunu) governs the certificates of inheritance used in succession transfers of foreign persons that are either issued by Turkish courts or issued by competent foreign authorities and certified by Turkish courts. It cannot be said that the same procedure is sufficient for every foreign document; the type of document and the requested procedure are examined.

Apostille and the legal effect of a document

An apostille relates to the formal elements of the official document it covers, such as the signature, capacity and seal. It does not ensure that the inheritance shares stated in the document are automatically accepted in every procedure in Türkiye. The exemption from certification, translation, court review and the conditions of the relevant institution are distinguished from one another.

Acquisition of immovable property by a foreign heir

Capacity as heir and registration of the property in the heir’s name are not the same review. The restrictions on person, country, area and other matters under Article 35 of the Land Registry Law are checked for the specific property. Where direct acquisition is not possible, the provisions on liquidation and value are assessed separately.

Disclaimer of inheritance and interference with the estate

Where Turkish law applies, there is as a rule a three-month period for disclaiming the inheritance; its start is determined according to whether the heir is a statutory or an appointed heir. Appropriating estate assets or acts beyond ordinary management may affect the right of disclaimer. If there is a debt risk, an assessment should be made before the step of removing, selling or dividing assets.

The tax return period is not the same for everyone

Under Article 9 of the Inheritance and Transfer Tax Law (Veraset ve İntikal Vergisi Kanunu), the return period in cases of death may be four, six or eight months depending on the country where the death occurred and the place where the taxpayer is located. A tax return does not replace the period for disclaiming the inheritance or the partition among the heirs. The calculation of the period is made separately on the basis of the death and place information.

OUR APPROACH

We Build the Estate File According to the Assets and the Order of Procedures

First we identify the heirs, the decedent’s connections with countries and the known assets. After assessing the risks of debts and time limits, we put the document, tax, succession transfer and partition steps in order. Whether the same document can be used, and in what scope, at different institutions is checked; obtaining unnecessary or incorrectly certified documents from abroad is avoided.

Examination of the estate and the country connections
The date of death, nationalities, family ties, will and known assets are recorded. For each group of assets, the applicable law and the competent authority are assessed.
Debt, time limit and protection check
The right of disclaimer, the tax return and the other application periods are examined separately. If there is a need to protect or determine the estate, the priority procedures are identified.
Heirship and document procedures
The court application, the way a foreign document will be used, family records, translations and the necessary certifications are prepared according to the needs of the file.
Institutional procedures and succession transfer
Applications to the land registry, banks, tax and other institutions are coordinated. It is not assumed that the next stage is complete until a discrepancy in a document or record requested by an institution has been resolved.
Conduct of the partition or dispute
An agreement, transfer of share, dissolution of co-ownership or the relevant lawsuit options are assessed. The relationship between the procedures in Türkiye and the results in the foreign country is followed.

PREPARING FOR THE FIRST CONSULTATION

Preparing for the First Consultation on International Estate Matters

A short summary of the matter is enough for the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

The decedent’s nationality, date of death and the country where the death occurred
The heirs’ degrees of kinship, nationalities and countries of residence
A short list of known immovable property, bank accounts, company shares and debts
Information on a will, an existing certificate of inheritance or a file that has been opened
Dates that are important in terms of notifications, tax procedures or time limits

What may be requested depending on the file

Official records showing death, birth, marriage and family ties
A foreign certificate of inheritance and, if any, the court decision
Land registry, bank, company and debt records
A will, inheritance contract or partition agreement
A power of attorney suited to the procedure, necessary certifications and translations

Prepare the document according to the procedure in which it will be used

A death certificate, certificate of inheritance, will and power of attorney are not the same document. For each of them, the issuing authority, content, translation, certification or exemption is examined separately. At first contact, instead of sending the originals of the documents, it is enough to describe the existing documents and their dates; the necessary sharing channel is determined later.

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Services for Estate Matters in Türkiye, Based in Antalya

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, undertakes estate procedures relating to immovable property, bank accounts and other assets throughout Türkiye before the competent courts and institutions, according to the circumstances of the file. For heirs living abroad, representation and the flow of documents in Türkiye are planned together.

Communication in Turkish, English, German and Russian is available. If procedures concerning the estate, tax or representation in a foreign country are required, the scope of the work with authorized counsel and specialists in that country is determined separately. It is not assumed that we have an office or authority of representation in every country.

Determining the scope

A certificate of inheritance, tax return, land registry succession transfer, bank procedure and dispute are different jobs. The stages to be undertaken and, if any, the foreign-country coordination are determined in writing.

Fees and procedural expenses

The attorney’s fee is separated from court, translation, certification, expert appraisal, tax and foreign counsel expenses. The fee and scope of the consultation are explained in advance.

Representation and information sharing

A check is made whether there is a conflict among the interests of more than one heir. Each heir’s instructions, authority of representation and limits on information sharing are determined separately.

FREQUENTLY ASKED QUESTIONS

Questions About Foreign Heirs and International Estates

The answers are general information. The route and conditions applicable to your request are assessed on the basis of the specific information and documents.

Can a foreign national be an heir in Türkiye?

Foreign nationality alone does not eliminate heirship. The law applicable to capacity as heir and to the shares is assessed; for the acquisition of immovable property in Türkiye, the relevant land registry restrictions are assessed separately.

Can a foreign heir obtain a certificate of inheritance from a notary?

Article 71/B of the Notary Law leaves foreigners’ requests for a certificate of inheritance outside the notaries’ authority. For a document need in Türkiye, the court route and the conditions for using the existing foreign document are examined.

Is a certificate of inheritance obtained from a foreign country valid in Türkiye?

The type of the document, the issuing authority, the institution where it will be used and the relevant legal route are examined. For land registry procedures in particular, Article 37 of the Land Registry Law is taken into account. It cannot be said that an apostille and a translation alone are sufficient for every procedure.

Can estate procedures be carried out without coming to Türkiye?

Many procedures can be carried out with an appropriate authority of representation. The type of procedure, the content of the power of attorney and the institution’s identity or document requirements are checked; it is not promised in advance that all procedures will be completed remotely.

If the decedent is a foreigner, which law applies to the house in Türkiye?

Article 20 of the Law on Private International Law and Procedure provides for Turkish law to apply to immovable property located in Türkiye. For other assets and for different claims, the relevant conflict-of-laws rules are assessed separately.

Is a foreign will taken into account in Türkiye?

The law applicable in terms of form and substance, the opening of the will and the procedure in which it will be used are examined. The fact that a document was drawn up in a foreign country is not by itself a reason for acceptance or rejection.

Will the bank pay the money immediately after a certificate of inheritance is obtained?

The certificate is one of the stages that show heirship. The bank’s records, tax-related obligations, the situation of the other heirs and the authority to pay are checked separately.

Can liability arise for the debts of the estate too?

Yes. The applicable law, the condition of the estate and the heirs’ acts are important. The assets should not be disposed of before disclaimer or the other protection options have been assessed.

From which date does the three-month period for disclaiming an inheritance start?

Under Turkish law, as a rule the date on which the death became known is taken as the basis for a statutory heir; the situation of proving that one learned of being an heir later is also separately regulated. For an appointed heir, official notification is important. The specific period and, if any, the conditions for extension are calculated in the file.

Does everyone have six months for the inheritance and transfer tax?

No. For a return due to death, the law provides periods of four, six or eight months depending on the place of death and the place where the taxpayer is located. The tax return period is assessed independently of the other estate periods.

How is immovable property partitioned if the heirs cannot agree?

A partition agreement, transfer of share or appropriate judicial routes are assessed according to the nature of the property and of the co-ownership. A unilateral partition is not planned before the situation of all heirs and rights holders has been determined.

Does paying tax in one country eliminate obligations in another country?

It does not eliminate them automatically. Tax liability, the location of the assets and the applicable regulations are examined country by country. If necessary, coordination is established with an authorized tax specialist in the relevant country.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

International Law, Immigration and Cross-Border Matters

Related Sectors

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

NEXT STEP

Let’s Determine the Route for Your Estate Procedures in Türkiye Together

Please share your request, a short summary of the matter and, if any, the date of an upcoming procedure. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: Foreign Heirs and International Estate Matters

Request a Consultation on Estate Matters Request an Appointment

First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

Foreign Heirs and International Estate Matters