certificate of inheritance in Turkey

How to Obtain a Certificate of Inheritance in Turkey

A certificate of inheritance is one of the principal documents required when a deceased person leaves property, bank accounts, company shares or other assets in Turkey. It identifies the legal or appointed heirs and shows their respective inheritance shares.

The document is known in Turkish as a mirasçılık belgesi or veraset ilamı. Banks, land registry offices, tax authorities, trade registries and other institutions may request it before allowing heirs to deal with estate assets.

Obtaining the certificate is generally straightforward when the deceased and all heirs are Turkish citizens whose family records are fully available in the Turkish civil registration system. The procedure becomes more complex where the deceased or any heir is a foreign national, foreign documents must be examined or the succession is governed partly by foreign law.

In these cases, the heirs commonly need to apply to a Turkish Civil Court of Peace and submit properly authenticated documents proving the death, family relationships and legal status of every potential heir.

Foreign nationals dealing with an estate in Turkey may obtain assistance from a Turkish inheritance lawyer to prepare the application, coordinate foreign documents and complete the procedures that follow the issuance of the certificate.

Short answer: A foreign heir generally obtains a Turkish certificate of inheritance by applying to the competent Civil Court of Peace. The application must be supported by death, identity and family-status records, which may need an apostille or consular legalisation and a certified Turkish translation.

What Is a Certificate of Inheritance?

A certificate of inheritance is an official document identifying the deceased person’s heirs and the shares attributed to them under the applicable succession rules.

The certificate may show:

  • The identity of the deceased
  • The legal heirs
  • An appointed heir, where applicable
  • The relationship between the deceased and each heir
  • The surviving spouse’s inheritance status
  • Each heir’s proportionate share in the estate
  • The existence of a testamentary beneficiary in relevant cases

The certificate creates a legal presumption regarding heirship. It enables the persons named in it to prove their status before Turkish institutions.

However, the certificate is not an absolute or irreversible determination of inheritance rights. Under Article 598 of the Turkish Civil Code, its invalidity may be claimed at any time. A person who was omitted, incorrectly included or given the wrong share may seek cancellation or correction of the certificate.

Why Is a Turkish Certificate of Inheritance Needed?

The certificate is commonly required before heirs can take practical steps concerning estate assets situated in Turkey.

It may be used for:

  • Registering inherited real estate at the land registry
  • Obtaining information about the deceased’s bank accounts
  • Requesting the release or transfer of bank deposits
  • Completing inheritance and transfer tax procedures
  • Registering inherited vehicles
  • Transferring company shares or partnership interests
  • Collecting receivables belonging to the deceased
  • Representing the estate before public authorities
  • Commencing division or partition procedures
  • Selling inherited assets after the required registrations
  • Establishing standing in an inheritance dispute

The certificate establishes who the heirs are, but it does not complete all these procedures by itself. Tax, banking, property registration and estate-distribution requirements must be completed separately.

Who Can Apply for a Certificate of Inheritance?

Any legal heir may generally apply for the certificate individually. All heirs do not have to submit a joint application or provide their consent merely for the certificate to be issued.

A person who believes they are a legal heir may therefore apply even if:

  • Other heirs live in another country
  • The heirs do not communicate with each other
  • One heir refuses to participate
  • The estate has not yet been fully identified
  • The heirs disagree about the future distribution of the assets

The court must nevertheless identify all heirs, not only the applicant. The applicant should disclose the known family structure and submit available records concerning the other potential heirs.

An appointed heir or testamentary beneficiary may also request a document showing their status under Article 598 of the Turkish Civil Code. Where heirship arises from a will or another testamentary disposition, notification and objection procedures may need to be completed before the document can be issued.

An heir living outside Turkey may apply through a Turkish lawyer holding an appropriately drafted power of attorney.

Can a Certificate of Inheritance Be Obtained from a Turkish Notary?

Turkish notaries may issue certificates of inheritance in certain straightforward domestic cases. This route is generally available where the relevant persons are Turkish nationals, complete civil registry records are accessible and the matter does not require judicial examination.

However, the Notary Law prevents a notary from issuing the certificate where:

  • The request is made by a foreign national
  • The civil registration records are insufficient
  • Determination of the heirs requires judicial examination

Accordingly, a foreign national requesting a certificate of inheritance must generally use the court procedure.

A court application may also be necessary where:

  • The deceased was a foreign national
  • One or more heirs are foreign nationals
  • Foreign family records must be considered
  • The deceased had more than one nationality
  • A foreign will or probate decision exists
  • A marriage, divorce, adoption or parent-child relationship must be examined
  • The Turkish civil registration records are incomplete
  • There is uncertainty about the applicable foreign law
  • Potential heirs dispute the family relationship or inheritance shares

Even where the applicant is a Turkish citizen, the notarial route may be unavailable if the estate contains a foreign element that cannot be resolved through Turkish civil registry records.

Which Court Issues the Certificate?

Court-issued certificates of inheritance fall within the jurisdiction of the Civil Court of Peace, known in Turkish as the Sulh Hukuk Mahkemesi.

The appropriate territorial court should be determined by considering:

  • The deceased’s last residence in Turkey
  • The location of the estate assets
  • The residence of the applicant or other interested persons
  • Whether the application concerns an initial certificate or cancellation of an existing certificate
  • The specific procedural circumstances of the estate

Applications are commonly made to the Civil Court of Peace at the deceased’s last residence in Turkey. If the deceased did not have a residence in Turkey, the location of the estate assets may become relevant.

There is not necessarily an exclusive territorial-jurisdiction rule for every initial certificate application. The appropriate court should therefore be confirmed from the circumstances before the petition is filed.

Which Law Determines the Heirs?

Cross-border inheritances may require the application of both Turkish and foreign law.

Article 20 of Law No. 5718 on Private International Law and International Civil Procedure provides that inheritance is generally governed by the national law of the deceased. Turkish law applies to immovable property located in Turkey.

The law also states that rules concerning the opening, acquisition and distribution of an estate are governed by the law of the country where the estate is situated.

As a result, the court may need to consider:

  • The nationality of the deceased at the date of death
  • Whether the deceased had more than one nationality
  • The type and location of the estate assets
  • Whether the estate includes real estate in Turkey
  • The deceased’s family structure
  • The existence and validity of a will
  • The succession rules of the deceased’s national law
  • Turkish mandatory and public-policy rules

For example, Turkish law will apply to the succession of real estate situated in Turkey even where the deceased was a foreign national. Different considerations may apply to movable property and assets situated outside Turkey.

For a broader explanation, see our guide to inheritance rights of foreigners in Turkey.

Documents Required to Obtain the Certificate

The exact documents depend on the nationality of the deceased and heirs, the family structure, the location of the assets and whether a will exists.

Documents commonly required include:

  • The deceased’s death certificate
  • Passport or identity records of the deceased
  • Passports or identity documents of the heirs
  • Birth certificates
  • Marriage certificates
  • Divorce judgments or divorce records
  • Family or civil registry extracts
  • Documents showing children and other descendants
  • Adoption records, where applicable
  • Name-change documents
  • Records concerning predeceased family members
  • A foreign certificate of inheritance or probate order
  • The original or certified copy of a will
  • Documents showing the deceased’s nationality
  • Evidence of the deceased’s last residence
  • Information concerning assets located in Turkey
  • Title deed or property information
  • A power of attorney if the application is made through a lawyer

The court may request further documents where family records are incomplete or inconsistent.

Apostille and Legalisation of Foreign Documents

A foreign official document cannot always be submitted directly to a Turkish court.

If the issuing country is a party to the Hague Apostille Convention, documents such as death, birth and marriage certificates will generally need an apostille from the competent authority in that country.

If the issuing country is not a party to the convention, consular legalisation may be required. The procedure commonly involves approval by the relevant authorities in the issuing country and a Turkish embassy or consulate.

After authentication, foreign-language documents generally need to be translated into Turkish by a sworn translator. Notarial certification of the translation may also be required.

Before documents are prepared, the following should be checked:

  • Whether an apostille is available
  • Whether consular legalisation is necessary
  • Whether original or recently issued records are required
  • Whether the document is complete or abbreviated
  • Whether the document identifies parents, spouses and children
  • Whether names and dates match the passports
  • Whether the Turkish court will need a certified translation

A basic death certificate may not be sufficient if it contains no information about the deceased’s parents, spouse or descendants.

What If Names Are Written Differently?

Name discrepancies are common in international inheritance files.

A person’s name may appear differently because of:

  • Different alphabets
  • Transliteration rules
  • Marriage or divorce
  • Multiple citizenships
  • Different surname systems
  • Missing middle names
  • Typographical errors
  • Changes made by an administrative or judicial decision

For example, the same individual’s name may be written differently in a passport, title deed, birth certificate and foreign probate document.

The court must be able to establish that the records relate to the same person. Depending on the discrepancy, it may be necessary to submit:

  • Name-change certificates
  • Marriage or divorce records
  • Official identity comparisons
  • Consular statements
  • Additional civil registry records
  • A declaratory court judgment

These discrepancies should be identified before the application is filed.

How Is the Court Application Made?

The application generally begins with a petition to the competent Civil Court of Peace.

The petition should explain:

  • The identity and nationality of the deceased
  • The date and place of death
  • The deceased’s last residence
  • The identity of the applicant
  • The applicant’s relationship with the deceased
  • The known family structure
  • The nationality and location of the potential heirs
  • The existence of assets in Turkey
  • Whether a will or foreign probate document exists
  • The requested inheritance determination

The authenticated and translated documents should be submitted with the petition where possible.

Certificate-of-inheritance proceedings are generally treated as non-contentious judicial matters. A formal dispute between two opposing parties is not always required. The court may decide the application on the documents or conduct further examination where necessary.

The court may:

  • Obtain Turkish civil registry records
  • Review foreign certificates and civil documents
  • Request additional information from the applicant
  • Seek information regarding foreign law
  • Appoint an expert
  • Hear witnesses where documentary evidence is insufficient
  • Examine a will or testamentary record
  • Identify all legal and appointed heirs
  • Calculate the applicable inheritance shares

The procedure can become contentious if another person challenges the applicant’s heirship, the family relationship or an existing certificate.

Does the Applicant Have to Attend a Hearing?

Personal attendance is not always required.

Many applications may be conducted by a Turkish lawyer acting under a power of attorney. The court may decide the application on the written evidence or hold a hearing if additional examination is required.

The applicant may need to attend if:

  • The court requires a personal statement
  • Family relationships cannot be established from official records
  • Identity discrepancies require clarification
  • Other interested persons dispute the application
  • Witness evidence becomes necessary

Applicants living abroad should ensure that the power of attorney includes the authority required for court, inheritance, tax, banking and property procedures that will be handled by the representative.

A power of attorney issued abroad may need an apostille or consular legalisation and a certified Turkish translation.

How Long Does the Procedure Take?

There is no fixed processing period that applies to every application.

A straightforward domestic application supported by complete civil registry records may be completed relatively quickly. A foreign inheritance application may take longer because the court must examine foreign documents and potentially determine foreign succession law.

The duration may be affected by:

  • The number and nationality of the heirs
  • The country in which documents were issued
  • Apostille or legalisation requirements
  • Missing or inconsistent family records
  • Translation procedures
  • The existence of a will
  • The need to obtain foreign-law information
  • Expert examination
  • Objections from other heirs
  • Court workload
  • International correspondence

Promises that a foreign inheritance certificate will be obtained within a guaranteed number of days should therefore be treated cautiously.

Is There a Deadline for Obtaining the Certificate?

Turkish law does not impose a single general deadline within which every heir must obtain a certificate of inheritance.

However, delaying the procedure may create practical and legal risks. Separate deadlines may apply to:

  • Renunciation of the inheritance
  • Inheritance and transfer tax declarations
  • Challenges to a will
  • Reserved-share claims
  • Claims concerning estate transactions
  • Administrative notifications
  • Protection and management of estate assets

The general period for renouncing an inheritance under Turkish law is three months, although its starting date depends on the heir’s status and the circumstances in which the death or heirship was learned.

An heir considering renunciation should avoid selling, withdrawing or otherwise disposing of estate assets before obtaining legal advice. Obtaining a certificate and accepting or administering the estate are related but legally distinct matters.

Can a Foreign Probate Document Be Used in Turkey?

A foreign grant of probate, certificate of inheritance or similar document may be valuable evidence in a Turkish application. It can help establish the deceased’s family structure, testamentary arrangements or heirs under foreign law.

However, a foreign probate document does not automatically replace the certificate required by Turkish banks, land registry offices or other institutions.

Depending on the document and its intended use, it may require:

  • An apostille or consular legalisation
  • A certified Turkish translation
  • Recognition by a Turkish court
  • Examination together with other civil-status records
  • A separate Turkish certificate-of-inheritance application

Where the estate includes real estate situated in Turkey, a certificate issued by a Turkish court is generally required to complete the inheritance registration.

Recognition of a foreign probate decision and obtaining a new Turkish certificate are not identical procedures. The appropriate route should be determined according to the document, issuing authority and estate assets.

What Happens If There Is a Will?

The existence of a will does not eliminate the need to determine the legal and appointed heirs.

A will executed in Turkey may need to be opened and notified through the competent court. A will prepared abroad may require authentication, translation and examination under the applicable private international law rules.

The court may need to determine:

  • Whether the will satisfies the applicable formal requirements
  • Whether the deceased had testamentary capacity
  • Whether the document appoints an heir or grants a specific legacy
  • Whether the will has been opened and notified
  • Whether any person has objected
  • Whether Turkish reserved-share rules apply
  • Whether there are competing testamentary documents

Under Article 598 of the Turkish Civil Code, an appointed heir or testamentary beneficiary may receive a document showing that status if no objection is made within one month following the relevant notification.

The certificate does not prevent a person from later filing a separate action challenging the validity of the will.

What Does the Certificate Not Do?

A certificate of inheritance is essential, but its legal function is limited.

It does not automatically:

  • Transfer title at the land registry
  • Release money held by a bank
  • Divide the estate physically between the heirs
  • Pay inheritance taxes
  • Determine all estate debts
  • Authorise one heir to sell the shares of other heirs
  • Resolve every dispute concerning ownership
  • Prove that a will is unquestionably valid
  • Eliminate foreign-ownership restrictions
  • Prevent the certificate from later being corrected or cancelled

After obtaining the certificate, each asset must be handled according to the procedures applied by the relevant institution.

What Happens After the Certificate Is Issued?

The next steps depend on the assets and liabilities forming the estate.

Inheritance tax procedures

The heirs may need to file an inheritance and transfer tax declaration. The applicable filing period depends on where the deceased died and where the heirs reside.

The tax office may request the certificate together with a list and valuation of the estate assets.

Transfer of inherited real estate

Inherited property must be registered in the names of the heirs at the competent land registry office.

The procedure may require:

  • The certificate of inheritance
  • Identity documents
  • Tax documentation
  • Property and municipality records
  • Certified translations
  • Powers of attorney
  • Documents required from foreign heirs

Foreign ownership restrictions should be examined separately. A person’s recognition as an heir does not always mean that every inherited property may be retained indefinitely without further review.

Our real estate law services in Turkey include inheritance registration, title deed procedures and disputes involving jointly inherited property.

Bank accounts and financial assets

The certificate may be submitted to banks to request information and commence the release or transfer process.

Banks may also request:

  • Tax clearance or tax-payment documents
  • Identification of all heirs
  • Joint instructions
  • Court decisions
  • Translated and notarised documents
  • Separate powers of attorney

The certificate alone does not necessarily permit one heir to withdraw the entire account balance.

Company shares and registered assets

Where the estate contains company shares, vehicles or other registered assets, separate registration and corporate procedures may be required.

The company’s articles of association, shareholder records and applicable commercial-law provisions should also be reviewed.

Can the Certificate Be Corrected or Cancelled?

Yes. A certificate may be challenged if it:

  • Omits a legal heir
  • Includes a person who is not an heir
  • States incorrect inheritance shares
  • Relies on incomplete family records
  • Fails to consider a valid marriage, divorce or adoption
  • Incorrectly applies Turkish or foreign law
  • Conflicts with a valid testamentary disposition
  • Contains identity errors

The invalidity of a certificate of inheritance may be asserted at any time under Article 598 of the Turkish Civil Code.

Cancellation and issuance of a new certificate may require proceedings involving the persons whose inheritance rights will be affected. The appropriate court and parties should be determined from the existing certificate and the requested correction.

Common Problems in Foreign Inheritance Applications

Foreign inheritance files are frequently delayed by preventable documentation problems.

Common issues include:

  • Obtaining only a short-form death certificate
  • Missing birth or marriage records
  • Failing to identify children from an earlier marriage
  • Inconsistent names or dates
  • Incorrect apostille procedures
  • Using an expired or uncertified civil document
  • Incomplete Turkish translations
  • Assuming a foreign probate document is automatically sufficient
  • Applying to a notary despite the foreign status of the applicant
  • Failing to disclose a will
  • Failing to identify the deceased’s nationality correctly
  • Using a power of attorney without adequate authority
  • Assuming the certificate completes the title transfer
  • Ignoring inheritance-tax or renunciation deadlines

Preparing the family structure and document chain before filing can reduce requests for additional evidence.

How Tuva Law Can Assist

Tuva Law assists foreign heirs, Turkish citizens living abroad and international families with inheritance procedures involving assets in Turkey.

Our work may include:

  • Assessing the applicable Turkish and foreign succession rules
  • Identifying the appropriate Civil Court of Peace
  • Preparing the certificate-of-inheritance application
  • Reviewing foreign death and family records
  • Coordinating apostille and legalisation requirements
  • Arranging certified Turkish translations
  • Reviewing wills and foreign probate documents
  • Representing heirs through a power of attorney
  • Correcting identity and civil-status inconsistencies
  • Obtaining certified copies of the court certificate
  • Completing inheritance-tax procedures
  • Registering inherited real estate
  • Contacting banks and other institutions
  • Challenging an incorrect inheritance certificate
  • Representing heirs in connected inheritance disputes

Every estate should be assessed according to the nationality of the deceased, the location of the assets, the family structure and any existing testamentary document.

Frequently Asked Questions

What is a certificate of inheritance in Turkey?

It is an official document identifying a deceased person’s heirs and their respective inheritance shares. It is called a mirasçılık belgesi or veraset ilamı in Turkish.

Can a foreign national obtain a certificate from a Turkish notary?

A certificate cannot be issued by a notary where the request is made by a foreign national. The foreign applicant must generally apply to a Civil Court of Peace.

Which court issues the certificate for foreign heirs?

The application is heard by a Turkish Civil Court of Peace. The appropriate territorial court should be determined from the deceased’s residence, the location of the estate and the circumstances of the application.

Does every heir have to join the application?

No. One legal heir may generally apply individually. The resulting certificate should nevertheless identify all heirs and their respective shares.

Must a foreign heir travel to Turkey?

Not in every case. The application and many subsequent procedures may be handled by a Turkish lawyer under a properly prepared power of attorney.

Do foreign documents need an apostille?

Documents issued in a country party to the Hague Apostille Convention will generally require an apostille. Documents from other countries may require consular legalisation. Certified Turkish translations may also be required.

Is a foreign probate document sufficient?

Not necessarily. It may be used as evidence, but Turkish authorities may require authentication, translation, recognition or a separate certificate issued by a Turkish court.

How long does it take to obtain the certificate?

There is no guaranteed period. The duration depends on the documents, number of heirs, applicable foreign law, possible expert examination and court workload.

Does the certificate expire?

A certificate does not ordinarily expire on a fixed date. However, it may be corrected or cancelled if it is inaccurate, and an institution may request a recent or certified copy.

Does obtaining the certificate transfer the property?

No. The certificate proves heirship. Separate tax and land registry procedures are required to register inherited real estate in the heirs’ names.

Can the certificate be challenged?

Yes. Its invalidity may be asserted at any time. An omitted heir or another interested person may seek cancellation and issuance of a corrected certificate.

Can inherited property be sold immediately?

The necessary inheritance registration, tax and land registry procedures must generally be completed first. A co-heir cannot independently sell the shares belonging to the other heirs.

Conclusion

Obtaining a certificate of inheritance is usually the first formal step for heirs who need to claim or manage estate assets in Turkey.

Foreign heirs generally need to apply to a Turkish Civil Court of Peace because Turkish notaries cannot issue the certificate where the request is made by a foreign national. The court may examine death, identity and family-status records, foreign succession law, wills and other evidence before identifying the heirs and their shares.

Foreign documents should be prepared carefully. Missing family information, name discrepancies, incorrect apostilles and inadequate translations may delay the proceedings or result in an incomplete certificate.

The certificate establishes heirship but does not complete the inheritance process. Tax declarations, bank procedures, title deed registration and distribution of the estate must be handled separately.

For assistance with a certificate of inheritance, inherited property or another estate matter in Turkey, you may contact Tuva Law.

Phone and WhatsApp: +90 545 346 00 06
Email: info@tuvahukuk.com
Office: Eti Mahallesi, Toros Sokak No: 1/11, Sıhhiye, Çankaya, Ankara, Türkiye

Legal Review

Reviewed by: Attorney Osman Selçuk Akyüz
Position: Founding Attorney – Ankara Bar Association
Last reviewed: Saturday, September 12, 2026

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