International Jurisdiction in Turkish Inheritance Law
Turkish courts hear an inheritance case at the deceased's last place of residence in Turkey; if there was none, at the court where the Turkish assets are located (MÖHUK No. 5718, Article 43). This guide explains, in plain terms, which Turkish court takes a cross-border estate, which law governs each asset, and what foreign heirs must do to claim property in Turkey.
The short answer for foreign heirs
If a relative who lived abroad or held a foreign passport left assets in Turkey, three questions decide everything that follows: which court can act, which country's law governs the estate, and what you must file to take the assets into your name. Turkish law answers all three.
In one line: a Turkish court hears the case, the deceased's home-country law usually decides who inherits and how much, but any real estate in Turkey is judged by Turkish law in a Turkish forum. If you are handling a Turkish estate from abroad, our cross-border inheritance and succession lawyers can confirm the correct forum before you file anything.
What "international jurisdiction" actually means
International jurisdiction answers one question: are the Turkish courts authorised to hear an inheritance matter that has a foreign element? It is a separate question from which law applies, and it is decided before any judge looks at who the heirs are or what each one receives.
A foreign element exists whenever the estate touches more than one country. Common triggers:
- The deceased was a foreign citizen, or lived abroad at death.
- The estate includes assets in more than one country.
- The heirs hold different nationalities or live in different countries.
Turkish jurisdiction in these cases comes from two main sources: the MÖHUK (Law No. 5718) and any applicable international treaty. Where MÖHUK points back to domestic rules, the relevant code is the Code of Civil Procedure (HMK No. 6100), which supplies the venue (territorial-competence) rules. The Turkish Civil Code (TMK No. 4721) is also central, but it supplies the substantive rules of succession (who inherits, what reserved shares apply) rather than the rules on jurisdiction.
Article 43: the special rule for inheritance
The cornerstone is Article 43 of MÖHUK. It sets a two-tier rule for where an inheritance case is heard:
Inheritance-related cases are heard in the court of the deceased's last place of residence in Turkey. If the deceased did not have a place of residence in Turkey, the court where the estate assets are located has jurisdiction.
In practice:
- First tier: the court of the deceased's last residence in Turkey is the primary forum.
- Second tier: if the deceased had no Turkish residence, jurisdiction passes to the court where the Turkish assets are located.
Article 43 covers both contentious disputes and non-contentious matters, including the issuance of a certificate of inheritance. For Turkish immovable property, Article 43 is treated as an exclusive head of jurisdiction (more on the consequences below). The friction points are usually factual: what counts as the "last place of residence," and how foreign-located assets are treated.
Article 40 and the genuine edge case
Article 40 of MÖHUK is the general rule for any case with a foreign element. It provides that the international jurisdiction of Turkish courts is determined by the domestic rules on territorial competence (venue) — in practice the HMK No. 6100. It applies when no special rule controls the matter.
How Articles 40 and 43 fit together
- Article 43 is the specific rule for inheritance and controls whenever it applies.
- Article 40 fills the gap in the genuine edge case: where the deceased had neither a Turkish residence nor a clearly located Turkish asset. There, a Turkish court looks to the general venue rules of the HMK to decide whether it can act at all — and a Turkish forum may not be available for the estate generally, even though a Turkish court remains the only forum that can act on any Turkish immovable.
Which law governs the estate (not just which court)
Jurisdiction and applicable law are different questions, and foreign heirs often merge them. Under MÖHUK Article 20(1), the succession is governed by the national law of the deceased at death — but immovable property located in Turkey is governed by Turkish law. Article 20(2) adds a further nuance: the opening, acquisition and partition of the estate follow the law of the country where the estate is located.
This split matters because Turkish courts treat Turkish real estate as a matter of exclusive jurisdiction. Two consequences follow:
| Asset type | Foreign court judgment about it |
|---|---|
| Immovable property in Turkey (a flat, land) | Not recognised or enforced — it falls within the exclusive jurisdiction of Turkish courts |
| Movable assets (bank accounts, shares, vehicles) | May be recognised if the MÖHUK conditions are met |
So a foreign court order about your Turkish flat will not be recognised here; you will need a Turkish proceeding for it. A foreign order about a Turkish bank account may be recognised if it satisfies Article 54. The same MÖHUK framework governs recognition more broadly — see our guide on recognising foreign judgments in Turkey.
The certificate of inheritance: why foreign heirs go to court
A certificate of inheritance (mirasçılık / veraset belgesi) names the heirs and their shares. You need it before any Turkish asset can be transferred. For purely Turkish estates, a notary can issue it. But where there is a foreign element — a foreign or dual-national heir, for example — a notary cannot act. The certificate must come from the civil court of peace (Sulh Hukuk Mahkemesi).
What foreign heirs need to prepare
An anxious heir abroad usually wants the document checklist. For a typical foreign-element case the court will expect:
- The death certificate, apostilled (or legalised, for non-Hague-Convention countries) and translated by a sworn translator.
- Proof of the heirs' identity and relationship to the deceased, similarly apostilled and translated.
- A power of attorney from abroad, apostilled and translated, so a Turkish lawyer can act without you travelling.
- Any foreign will, with its legalisation and translation.
A worked example: a German national with a flat in Istanbul
Take a concrete estate. A German national lived in Munich, died there, and left: an apartment in Istanbul, a Turkish bank account, and assets in Germany. The heirs are her two children, both German citizens living in Germany. Here is how Turkish law sorts it out, asset by asset.
- Which court? The deceased had no last residence in Turkey, so under Article 43 the second tier applies: the Turkish court where the assets are located — here, Istanbul — has jurisdiction over the Turkish estate.
- The Istanbul apartment. Governed by Turkish law (MÖHUK Art. 20(1)) and within the exclusive jurisdiction of Turkish courts. A German inheritance certificate (Erbschein) will not, by itself, transfer the Turkish title; the heirs need a Turkish certificate of inheritance and a Turkish proceeding.
- The Turkish bank account (movable). Succession to movables follows the deceased's German national law on who inherits, but the heirs still need a Turkish certificate of inheritance to have the bank release the funds.
- The German assets. Outside Turkish jurisdiction; dealt with in Germany under EU rules.
The practical result: two proceedings — one in Germany for the German estate, one in Turkey for the Turkish flat and bank account — with the Turkish certificate of inheritance obtained from the Istanbul Sulh Hukuk Mahkemesi. Outcomes turn on the specific documents and facts, so have a Turkish lawyer review the file before any step is taken.
Reserved shares: testamentary freedom is narrower in Turkey
Foreign heirs are often surprised that a will does not have the last word over Turkish real estate. Turkish law protects a reserved share (saklı pay) for close family — children, surviving spouse, and in some cases parents. Because Turkish immovable property is governed by Turkish law (MÖHUK Art. 20(1)), those reserved-share rules can apply to a Turkish flat even if the deceased's home country allows full freedom to disinherit.
If a will or a lifetime transfer cuts into a reserved share, a protected heir may bring a claim to claw it back. We cover one common version of this in our guide on recovering estate assets sold to defeat heirs. Where the estate includes a business interest, see inheriting shares in a Turkish company.
Deadlines you cannot afford to miss
Cross-border estates carry hard deadlines, and missing them can be costly. Two stand out.
After the certificate of inheritance is issued, the assets still have to be transferred: title-deed (tapu) transfer at the Land Registry for the flat, and a release request to the bank for the account. Our team handling Turkish real estate transfers can manage the tapu step for heirs.
Turkey compared with the EU Succession Regulation
Heirs from the EU often expect a single forum to handle the whole estate. Turkey works differently.
| EU Succession Regulation (No. 650/2012) | Turkey (MÖHUK No. 5718) | |
|---|---|---|
| Main connecting factor | Deceased's habitual residence at death | Deceased's last residence in Turkey, else location of assets (Art. 43) |
| One forum for the whole estate? | Yes, generally | No — exclusive jurisdiction over Turkish immovables |
| Bound by Regulation 650/2012? | EU member states (not Denmark/Ireland) | No — Turkey is a non-EU third state |
Because Turkey is not bound by Regulation 650/2012, an estate that spans the EU and Turkey usually needs two separate sets of proceedings — one for the EU portion, one for the Turkish assets.
Practical steps for foreign heirs
- Map the residence and the assets. Establish whether the deceased had a last residence in Turkey, and list each asset's location and whether it is movable or immovable.
- Confirm the forum and the applicable law. Check whether Article 43 applies and which law governs each part of the estate — the deceased's national law generally, Turkish law for Turkish real estate.
- Plan for any foreign judgment. If a foreign court is already involved, test it against MÖHUK Art. 54, and prepare a separate Turkish filing for any Turkish immovable.
- Obtain the Turkish certificate of inheritance. For foreign-element estates, this comes from the Sulh Hukuk Mahkemesi, on apostilled and translated documents.
- Transfer the assets. Complete the tapu transfer for the flat and the bank release for the account — after meeting the disclaimer and tax deadlines above.
Every estate turns on its own facts, and a Turkish lawyer should review your documents before any step is taken. To discuss a cross-border estate, contact Lexin Legal.
Reviewed June 2026. MÖHUK Articles 20, 40, 43 and 54 are current as at this date.
Frequently asked questions
Which Turkish court hears an inheritance case involving a foreigner?
Under Article 43 of MÖHUK (Law No. 5718), the court of the deceased's last place of residence in Turkey has jurisdiction. If the deceased had no Turkish residence, the court where the Turkish assets are located takes over. This applies to both disputes and non-contentious matters, including certificates of inheritance.
Which law applies to a foreigner's estate in Turkey?
As a general rule under MÖHUK Article 20, the succession is governed by the national law of the deceased. The key exception is that immovable property located in Turkey is governed by Turkish law, and Turkish courts treat it as subject to their exclusive jurisdiction.
Will a foreign inheritance court decision be recognised in Turkey?
It depends on the asset. A foreign decision about Turkish real estate cannot be recognised, because Turkish courts hold exclusive jurisdiction over immovable property in Turkey (MÖHUK Art. 54(b)). A decision over movable assets may be recognised if it meets the conditions in MÖHUK Article 54, including reciprocity, due process and compatibility with public order.
Can a foreign heir get a certificate of inheritance from a Turkish notary?
No. Where a foreign element is involved, the certificate of inheritance must be obtained from the civil court of peace (Sulh Hukuk Mahkemesi), not a notary, because Turkish notaries cannot act in foreign-element cases.
Do foreign heirs need to apostille and translate documents for a Turkish inheritance case?
Yes. Foreign documents such as the death certificate, proof of relationship, any will and the power of attorney must be apostilled (or legalised for non-Hague-Convention countries) and translated by a sworn translator before the civil court of peace will rely on them. Start these steps early, because they are usually the slowest part of the process.
Is there a deadline to claim or renounce inheritance in Turkey?
An heir who wants to renounce (disclaim) an inheritance generally has three months to do so under TMK Articles 605-606, and this is a forfeiture period that does not stop or restart. Separately, an inheritance and transfer tax declaration is due under Law No. 7338, commonly within four months where death and heirs are in Turkey and longer where there is a foreign element. Confirm your exact dates with a lawyer or tax adviser.
How is Turkey different from the EU Succession Regulation?
The EU Succession Regulation (650/2012) bases jurisdiction on the deceased's habitual residence and lets one forum handle the whole estate. Turkey is not bound by that regulation, bases jurisdiction on the last Turkish residence or asset location, and claims exclusive jurisdiction over Turkish real estate, so an EU-plus-Turkey estate often needs two separate proceedings.
