Foreign heirs and real estate in Turkey: a practical overview of the legal framework
Efe Ülken
Ülken Law Firm, Istanbul
Banu Bozkurt
Ülken Law Firm, Istanbul
Ece Tulunay
Ülken Law Firm, Istanbul
Introduction
Where an estate includes real estate located in Turkey and the succession has a foreign element, the analysis is not limited to identifying the heirs; it must also assess whether a foreign heir may lawfully acquire and have such real estate registered in their name under Turkish law.
Under Article 20 of the Turkish International Private and Procedural Law No 5718 (IPPL), succession is, as a rule, governed by the deceased’s national law; however, Turkish law applies only to real estate situated in Turkey. Accordingly, the position of foreign heirs must be considered together with both inheritance rules and the statutory restrictions applicable to the acquisition of real estate by foreigners.
This article provides a general overview of (1) the legal position of foreign heirs in respect of real estate in Turkey; (2) the main principles on establishing heirship; (3) the statutory limitations on acquisition by foreign nationals; and (4) the general consequences where an impediment to acquisition exists.
Applicable law and proof of heirship
This section briefly explains which law applies to real estate in Turkey in succession cases with a foreign element and how foreign heirs typically prove heirship in practice.
Article 20 of the IPPL is the key conflict-of-laws rule for succession matters with a foreign element. In principle, succession is governed by the deceased’s national law; however, Turkish law applies to real estate located in Turkey. Therefore, regardless of whether the deceased and/or the heir is a foreign national, the transfer of an real estate located in Turkey by way of inheritance – and its registration at the land registry – will be assessed under Turkish law. This approach reflects the widely accepted rule that rights over real estate are governed by the law of the place where the property is situated, namely lex rei sitae.
In practice, heirship is evidenced primarily by a certificate of inheritance (also referred to as a certificate of succession). Under Article 598 of the Turkish Civil Code No 4721 ('the TCC'), such a document may be issued upon application to the Civil Court of Peace and, in limited cases, by a notary public. For matters involving a foreign element, the notary route is generally unavailable. Under Article 71/B of the Notary Public Law No 1512, notaries are not competent to issue a certificate of inheritance where the request concerns foreign nationals. Accordingly, foreign heirs typically need to obtain a certificate of inheritance from the competent Civil Court of Peace by filing a petition (either in person in Turkey or through a locally appointed attorney). The petition should typically be supported by official documents evidencing (1) the death of the deceased; and (2) the family relationship/entitlement of the applicant (for example, civil status records, birth and/or marriage certificates and identity/passport documents). Any document issued abroad generally needs to be duly authenticated (apostille or consular legalisation, as applicable) and translated into Turkish by a sworn translator, with the translation certified in accordance with Turkish practice. The court reviews the file in non-contentious proceedings and, where it is satisfied as to heirship and the applicable law, issues the certificate indicating the heirs and their respective shares.
Acquisition of real estate by foreigners and key restrictions
Even where an heir is duly established, the ability to register and hold title to a real estate in Turkey may be affected by statutory restrictions applicable to foreign natural persons.
The principal statutory basis for the acquisition of real estate by foreign natural persons in Turkey is Article 35 of the Land Registry Law No 2644. In general terms, foreign individuals may acquire real estate and limited real rights in Turkey, provided that the applicable legal restrictions are satisfied. This entitlement is not unlimited and may be restricted for reasons such as public policy, national security and planning considerations.
Key restrictions may be summarised as follows: (1) the acquisition may be limited by reference to the foreigner’s nationality and by administrative decisions applicable to certain areas; (2) statutory caps apply to the total area that a foreign natural person may acquire nationwide; (3) additional percentage-based limits may apply at district level; (4) acquisitions in areas designated as military or strategic zones may be restricted or prohibited; and (5) for certain types of undeveloped land, project and development obligations may apply within a prescribed period.
Accordingly, an ‘impediment to acquisition’ should be understood as the outcome of this statutory and administrative framework, rather than as a single abstract concept. Whether an impediment exists may depend on factors such as the heir’s nationality and the property’s location, nature, size and intended use, as well as any area-specific restrictions.
Therefore, being recognised as an heir is not, by itself, sufficient for registration: it must also be confirmed that Article 35 of the Land Registry Law permits the transfer and retention of the relevant real estate in the foreign heir’s name.
Succession and registration at the land registry
Under Article 599 of the TCC, the estate passes to the heirs as a whole upon the death of the deceased (the principle of universal succession). As a general rule, both statutory heirs and appointed heirs acquire their inheritance rights at the time of death.
For real estate located in Turkey, however, certain formalities must be completed for those rights to be reflected at the land registry and asserted against third parties. In this context, a foreign heir will, in principle, become an heir at the time of death; nevertheless, registration in the land registry typically requires submission of a certificate of inheritance and completion of the relevant title transfer formalities.
In practice, the land registry will request standard identification and supporting documentation, including a certificate of inheritance and, where relevant, duly issued authority documents for representation.
As a general point, certificates of inheritance issued by foreign courts cannot be used directly before the Turkish land registry; they must first be recognised/approved through the Turkish courts in line with the applicable rules. Where the foreign heir cannot attend in person, the process may be carried out through an attorney appointed under a power of attorney that satisfies the required formality and certification (including apostille/consular legalisation, as applicable).
It should also be noted that, under Additional Article 1 of the Land Registry Law, where an inheritance transfer has not been registered within two years from the date of death, the land registry directorate may apply to the competent court for a certificate of inheritance and update the land registry records accordingly (for example, by registering the heirs as co-owners, as applicable).
Applications for a certificate of inheritance may also be filed before the courts of the Republic of Turkey. In such cases, Turkish courts make their assessment by taking into account the succession law rules of the foreign national’s country in accordance with the applicable rules of private international law.
Consequences where acquisition is not permitted
It should be emphasised that being recognised as an heir and being able to acquire and register real estate are distinct matters. Even where a person is formally identified as an heir (for example, by a certificate of inheritance), the heir may still be unable to have the real estate registered in their name due to the restrictions set out in Article 35 of the Land Registry Law. This section briefly outlines the practical consequences of this distinction.
If the relevant restrictions prevent a foreign heir from holding the real estate in their own name, Turkish law typically provides for conversion of the asset into monetary value rather than denial of heirship.
Where a foreign heir cannot have the real estate registered in their own name in Turkey due to statutory restrictions, this does not in itself remove or invalidate heirship. The issue concerns the ability to acquire and retain the relevant right in rem over the real estate in the foreign heir’s name.
Article 35 of the Land Registry Law also sets out the general approach where an acquisition is not permitted or the real estate cannot remain registered in the name of a foreign person due to legal restrictions. In such cases, the real estate is, as a rule, required to be disposed of and converted into cash value within the prescribed period; failing that, the authorities may proceed with a sale process and pay the proceeds to the right holder. In this context, ‘liquidation’ does not mean that heirship is cancelled; rather, it means that the real estate itself does not remain in the foreign person’s name, while the economic value is preserved through payment of the sale proceeds.
Conclusion
In conclusion, the fact that a foreign individual has the status of an heir with respect to real estate located in Turkey does not automatically mean that said person is entitled to have the property registered and retained in their own name. Certain legal procedures and remedies must be pursued in this regard. Both the existence of the inheritance relationship must be established and an assessment must be conducted within the framework of the Land Registry Law and the relevant legislation. Since different inheritance law rules may apply depending on the nationality of the individual concerned, these matters should be carefully evaluated and properly presented before the Turkish courts and authorities.