Inheritance procedures involving a foreign element are governed by the relevant provisions of the Turkish Law on Private International Law and Procedural Law (“MÖHUK”).
While Article 20 of the aforementioned law stipulates that “the inheritance shall be subject to the national law of the deceased,” it further states that “Turkish law shall apply to immovable properties located in Turkey.”
In this context, it becomes necessary to make a dual distinction. Within this distinction, while Turkish law will govern immovable properties located in Turkey; the national law of the deceased will be applicable for other assets excluding immovable properties.
Considering that Turkish Law will be applied to immovable properties (real estate) in Turkey; before ensuring the transfer of these goods, an “inheritance certificate” must be obtained from the courts, that is showing the heirs and their shares. For immovable properties, this document must be obtained from Turkish civil courts of peace, as Turkish courts do not accept the certificate obtained from foreign countries.
While filing a lawsuit for an inheritance certificate in the competent Turkish court; if the relevant heirs are not registered in the Turkish population registry records, documents proving the connection between the deceased and the heirs should be obtained from the competent authorities of the foreign country and these documents along with other supporting documents which are translated by a sworn translator, should be submitted to the court. (The documents to be submitted and the procedures to be carried out may vary depending on the nationality of the heirs and therefore it is necessary to obtain detailed information on this subject in advance.)
After obtaining the inheritance certificate from relevant Turkish court, the necessary documents must be obtained from the local municipality/municipalities where the immovable properties are located, and an application must be made to the relevant tax office to pay the inheritance transfer tax.
Upon completion of the aforementioned procedures, with an appointment scheduled with the land registry office, the inheritance transfer procedures can be finalized, and the title deed can be obtained in the name(s) of the heirs.