Certificate of Inheritance in Turkey for Foreign Heirs: Civil Code Article 598 and Notary Limits
1. What does a Turkish certificate of inheritance prove?
A Turkish certificate of inheritance identifies the persons who are legally recognized as heirs and states their inheritance shares. It is the principal document used to demonstrate heirship before Turkish public authorities, banks, land-registry offices, tax offices and other institutions dealing with the estate.
The certificate is not the same thing as a title deed and it does not by itself complete every estate transaction. It establishes heirship. A separate registration is required to transfer inherited real estate into the heirs’ names at the land registry. Banks also carry out their own estate-release procedure, and inheritance and transfer tax obligations are dealt with separately. For an overview of the broader process, see our guide on inheritance and estate matters in Turkey from abroad.
For international estates, the certificate is especially important because Turkish authorities need a legally reliable statement of who the heirs are. A foreign probate document may be useful evidence, but it is not automatically a complete substitute for a Turkish inheritance certificate in every Turkish transaction. The authority handling the asset will examine whether the foreign document can be used directly, whether recognition is required, or whether a Turkish court certificate must be obtained.
2. Civil Code Article 598: the statutory basis
Article 598 of the Turkish Civil Code No. 4721 provides that, upon application, legal heirs are issued a document showing their status as heirs by the Civil Court of Peace or by a notary. This is the general domestic rule. The official text of the Turkish Civil Code is available through the Ministry of Justice.
Article 598 also deals with appointed heirs and testamentary beneficiaries. After the relevant testamentary disposition has been officially notified, the statutory procedure allows a certificate to be issued if no legally effective objection prevents it within the period stated by the Code. The inheritance certificate therefore reflects both the ordinary statutory succession structure and, where applicable, valid testamentary appointments.
The certificate is a strong official document for proving heirship, but it is not an irreversible judgment that makes an incorrect heirship structure untouchable. If the certificate does not reflect the true legal position, its inaccuracy can be raised and corrected through the appropriate judicial procedure. This matters in foreign estates where civil-status data may initially be incomplete, names may appear in different alphabets, or a foreign marriage, divorce, adoption or filiation record may need to be established.
3. Why does a foreign heir usually apply to the Civil Court of Peace?
The notarial authority in Article 598 is not unlimited. The Notary Law and the special rules governing inheritance certificates restrict notaries in files containing a foreign element. In practice, a foreign national seeking a Turkish certificate of inheritance should apply to the competent Civil Court of Peace. The court route enables the judge to examine foreign civil-status documents, determine the applicable law and obtain information on foreign law when necessary.
This distinction is not a matter of convenience. A Turkish citizen in a purely domestic file may often obtain a certificate from a notary, while a foreign heir’s file can require judicial examination because the succession relationship cannot be established solely through Turkish population registers. The court may need birth, marriage, death, adoption or family-registration records issued by another state.
For that reason, an international heir should not lose time by treating the Turkish notarial procedure as universally available. The application should be prepared for the Civil Court of Peace with the foreign-document formalities completed from the outset.
4. Applicable succession law: Law No. 5718 Articles 2 and 20
Obtaining a certificate of inheritance is not merely an identity exercise. The court must determine which succession law governs the estate. Article 20 of Law No. 5718 on Private International and Procedural Law provides the central conflicts rule. As a general principle, inheritance is governed by the national law of the deceased, while Turkish law governs immovable property located in Turkey. The official text of Law No. 5718 is published by the Ministry of Justice.
Article 2 of Law No. 5718 requires the Turkish judge to apply the relevant conflict-of-laws rule and the foreign law designated by that rule ex officio. The court may ask the parties to assist in establishing the content of foreign law. If the content of the applicable foreign law cannot be determined despite the required research, Article 2 permits the application of Turkish law.
This is why two foreign-estate applications that appear factually similar can produce different heirship calculations. The deceased’s nationality, the type and location of the asset, the existence of a spouse or descendants, and the content of the designated foreign law all matter. For a detailed explanation of Article 20, see Turkish Inheritance Law for Foreigners: MÖHUK Article 20, Property and Heirs.
Where Turkish law applies, reserved shares can also affect testamentary planning and later litigation. Our separate guide on reserved shares under Turkish Civil Code Articles 505–506 explains that issue.
5. Documents a foreign heir should prepare
The court needs reliable evidence showing both the death and the family relationship. The exact list depends on the country of origin and the family structure, but a properly prepared application normally addresses the following categories:
- Death record: an official death certificate or equivalent civil-status record.
- Identity documents: passports and, where applicable, Turkish tax or foreigner identification information.
- Family-status evidence: birth certificates, marriage certificates, family-register extracts, parentage records and other documents showing the relationship to the deceased.
- Divorce or death records for spouses: where necessary to establish whether a marital relationship existed at the date of death.
- Testamentary documents: wills or other instruments relevant to appointed heirship.
- Asset information: land-registry details, bank information or other evidence showing why a Turkish inheritance certificate is required.
Foreign public documents generally need the authentication method applicable between the issuing state and Turkey. For states party to the Hague Apostille Convention, this commonly means an apostille. Where the Convention or another exemption does not apply, consular legalization may be required. Foreign-language documents must be translated into Turkish in a form accepted by the court. Our guide on apostille and certified translation for documents used in Turkey explains these formalities.
Name discrepancies must be resolved before they become a procedural obstacle. A person’s name may appear differently after marriage, transliteration from Arabic or Cyrillic alphabets, or the use of multiple surnames. The application should connect those records with official evidence rather than expecting the court to infer identity from similar spelling.
6. Court procedure step by step
Step 1 — Identify the competent court. The application is filed before the competent Civil Court of Peace. Jurisdiction and venue should be determined from the succession file, the deceased’s Turkish connections and the location of relevant Turkish assets.
Step 2 — Build the civil-status chain. The petition should identify the deceased, date and place of death, nationality, spouse, descendants and other potential heirs. Foreign records should be apostilled or legalized where required and translated into Turkish.
Step 3 — Explain the applicable law. If Law No. 5718 points to foreign law for part of the succession, the application should clearly identify that issue. Where Turkish immovable property is involved, Article 20’s special rule should be stated expressly.
Step 4 — Submit evidence on foreign law when needed. The Turkish judge has the duty to determine the content of the applicable foreign law, but the parties may be required to assist. Official legislation, consular information, expert material or other authoritative sources can be used depending on the file.
Step 5 — Obtain the inheritance certificate. When the court is satisfied as to the heirs and their legal shares, it issues the certificate. The document can then be used for subsequent estate steps.
Step 6 — Complete asset-specific transactions. Real estate must be registered in the heirs’ names; bank and investment assets require release procedures; tax filings must be completed as applicable. The inheritance certificate is the starting proof of heirship, not the final step in estate administration.
7. Using the certificate for Turkish real estate and bank accounts
For a Turkish apartment, land parcel or commercial property, the inheritance certificate is used to support the succession registration at the land registry. Because Turkish law governs succession to immovable property located in Turkey under Article 20 of Law No. 5718, the land-registry phase should be coordinated with the court’s heirship determination.
A title-deed registration following death is not a sale. It is a succession transfer. Once the heirs are registered, a later sale, partition, mortgage or other disposition follows its own legal and tax rules. If a foreign heir plans to sell immediately after registration, identity, tax-number and power-of-attorney formalities should be prepared in parallel to avoid a second round of document delays.
For Turkish bank accounts and financial assets, the bank will normally require proof of death, heirship and completion of the relevant tax formalities before releasing estate funds. Account balances may be obtained or confirmed through the estate process, and the heirs’ shares are handled according to the legal and administrative requirements applicable to that institution. See our guide on Turkish bank accounts and financial assets in an estate.
8. What if the certificate is wrong or an heir was omitted?
An inheritance certificate must reflect the true legal heirship structure. If a child, spouse, adopted heir or other legally entitled person was omitted because the court did not have complete information, the error should be addressed through the proper judicial route. The same applies when a person was incorrectly included as an heir.
International estates are particularly vulnerable to incomplete records. A prior foreign divorce may not be visible in Turkey; a child may have been born and registered abroad; a surname may have changed; or a testamentary instrument may emerge after the first application. These issues should be documented immediately rather than handled informally with banks or the land registry.
If the dispute concerns not only the certificate but also the validity of a will, reserved shares, lifetime transfers or ownership of a particular asset, a separate contentious action may be required. The inheritance-certificate procedure should not be used as a substitute for a full merits lawsuit on issues that require adversarial adjudication.
9. Can the entire process be handled from abroad?
Yes. A foreign heir does not need to travel to Turkey for every procedural step. Turkish counsel can file and follow the court application under a properly issued power of attorney. The power of attorney must satisfy the formal requirements applicable to the country where it is issued and to the intended transactions in Turkey.
If the same lawyer will also handle the land registry, bank release, tax filings or a later sale, the power of attorney should contain the authority required for those tasks. A narrowly drafted litigation-only power may be insufficient for title-deed or banking work. Drafting the authority correctly at the beginning prevents the client from having to visit a consulate or notary twice.
Turkey-based counsel can also coordinate translations, court filings, retrieval of Turkish title records and communications with Turkish institutions. Foreign original documents should nevertheless be prepared correctly before shipment. An apostille applied to the wrong document or an uncertified translation can delay the file even if the underlying heirship is undisputed.
- Obtain the official death certificate.
- Collect birth, marriage and family-status records linking each heir to the deceased.
- Check apostille or legalization requirements before sending originals to Turkey.
- Prepare Turkish translations accepted by the court.
- Identify Turkish real estate, bank accounts and other assets.
- Determine the applicable succession law under Law No. 5718 Article 20.
- Apply to the competent Civil Court of Peace where the file contains a foreign element.
- Use the final certificate for land-registry, bank and tax procedures.
Frequently Asked Questions
1. Can a foreign citizen obtain a certificate of inheritance in Turkey?
Yes. A foreign heir can apply for a Turkish certificate of inheritance. In a foreign-element file, the application should be made to the competent Civil Court of Peace.
2. Can a foreign heir obtain the certificate from a Turkish notary?
The notarial route is restricted in files involving foreign applicants and foreign-law issues. Foreign heirs should use the Civil Court of Peace procedure so the applicable law and foreign civil-status evidence can be judicially examined.
3. Which law determines who inherits?
Law No. 5718 Article 20 governs the conflicts analysis. Inheritance is generally governed by the deceased’s national law, while Turkish law governs immovable property located in Turkey.
4. Is an apostille always required?
No single authentication rule applies to every country. The requirement depends on the issuing state, applicable treaty rules and the type of document. Where the Hague Apostille Convention applies and no exemption exists, an apostille is commonly used.
5. Must foreign documents be translated into Turkish?
Yes, foreign-language evidence submitted to a Turkish court must be presented in a Turkish form that satisfies the court’s translation and certification requirements.
6. Does the inheritance certificate transfer the apartment automatically?
No. The certificate proves heirship. The inherited Turkish property must then be registered in the heirs’ names at the land registry.
7. Can the certificate be used at Turkish banks?
Yes, it is a core proof of heirship. The bank will also require its own estate documents and completion of applicable tax formalities before releasing funds.
8. What if one heir is missing from the certificate?
An inaccurate certificate can be challenged and corrected through the proper court procedure. The omitted heir should present the civil-status and legal evidence proving entitlement.
9. Can I apply without traveling to Turkey?
Yes. Turkish counsel can conduct the court procedure under a properly issued power of attorney, and can also coordinate land-registry, banking and tax steps if the authority is drafted broadly enough.
10. Is a foreign probate document enough by itself?
Not in every case. Its effect in Turkey depends on the document, the asset and the legal procedure involved. A Turkish inheritance certificate may still be required for Turkish authorities and assets.
Author and legal review
Attorney Halil Bakırcı — Mersin Bar Association, Registration No. 3472. Bakırcı & Keskin Law Office advises international clients on Turkish inheritance, cross-border private law, real estate and estate administration. Files throughout Turkey are managed from the Mersin office.
Last reviewed: 15 September 2026. The statutory framework cited in this article is based on Turkish Civil Code Article 598 and Law No. 5718 Articles 2 and 20.
Mersin office
Bakırcı & Keskin Law Office can review foreign civil-status records, prepare the Civil Court of Peace application and coordinate the subsequent Turkish property, bank and estate procedures.
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