International Inheritance Jurisdiction in Turkey: MÖHUK Article 43

1. Jurisdiction and applicable law are two different questions

International inheritance files often become confused because “which court?” and “which law?” are treated as the same question. They are not. MÖHUK Article 43 concerns the international and territorial jurisdiction of Turkish courts in inheritance lawsuits. MÖHUK Article 20 determines the law applicable to succession.

A Turkish court can have jurisdiction under Article 43 and still be required to apply foreign substantive law to part of the estate under Article 20. Conversely, Turkish substantive inheritance law can govern a Turkish immovable even though another country also has proceedings concerning the deceased’s estate.

A proper cross-border analysis therefore has at least three stages: establish Turkish jurisdiction, identify the law applicable to each succession issue and asset, and determine the procedural step required for the particular estate transaction.

2. MÖHUK Article 40 provides the general framework for Turkish international jurisdiction

Article 40 states that the international jurisdiction of Turkish courts is determined by the territorial-jurisdiction rules of domestic law, subject to the special rules in MÖHUK. The statute then creates specific jurisdiction provisions for particular international disputes.

Inheritance is one of those specially regulated areas. Article 43 gives a direct rule based first on the deceased’s last domicile in Türkiye and, where that connection does not exist, on the location of estate property.

This structure means counsel should look for a specific MÖHUK jurisdiction article before applying only the general domestic procedural rules.

3. Article 43 is the specific rule for inheritance lawsuits

The statutory text is concise: inheritance lawsuits are heard by the court at the deceased’s last domicile in Türkiye; if the deceased’s last domicile was not in Türkiye, by the court where estate property is located.

The rule connects the dispute to the centre of the deceased’s Turkish life where that centre existed. If no Turkish domicile existed, the location of estate assets provides the Turkish connection needed for the inheritance dispute.

Article 43 should be cited expressly in an international inheritance petition rather than leaving the Turkish jurisdiction basis implicit.

4. The deceased’s last domicile in Türkiye is the first jurisdictional connection

If the deceased’s last domicile was in Türkiye, the court at that place is the Article 43 forum. Domicile is a legal concept and should be established from the factual and official record rather than inferred solely from property ownership.

Population records, residence records, family home information and the deceased’s actual settled connection can become relevant where domicile is disputed. Owning a holiday apartment in Türkiye does not by itself prove that the deceased’s last domicile was there.

Where the deceased had a clear last domicile in Türkiye, the existence of estate assets in another Turkish province does not erase the first limb of Article 43.

5. If the deceased had no last domicile in Türkiye, the asset-location rule applies

The second limb of Article 43 becomes decisive for many overseas clients. A foreign national may have lived and died abroad but owned an apartment, bank account, receivable or other estate asset in Türkiye.

Where there was no last domicile in Türkiye, Article 43 points to the court where estate property is located. The petition should therefore identify the Turkish estate asset and prove its location.

This is why a foreign heir should not begin by choosing a Turkish court based solely on convenience, airport access or the lawyer’s office. The statutory connection must be established.

6. The type and location of Turkish estate property should be documented

For real estate, a current Land Registry record establishes the property’s location and the deceased’s registered ownership position. For bank assets, the relevant branch, account relationship and legal location should be examined. For receivables or company interests, the correct jurisdictional classification can require additional analysis.

Do not rely on family memory where official records can be obtained. A person may believe the deceased owned a property personally when the title actually belongs to a company or another family member.

The asset must also be part of the deceased’s estate. A Turkish asset held entirely in another person’s name cannot establish Article 43 jurisdiction merely because relatives expected the deceased to own it.

7. Several Turkish assets can create a more complex venue analysis

When a deceased with no Turkish domicile left estate property in more than one Turkish location, the Article 43 asset-location rule must be applied together with the nature of the specific inheritance proceeding and relevant domestic procedural provisions.

Counsel should list every Turkish asset and the relief sought before filing. The correct forum for an heirship determination, a partition lawsuit and a title-specific dispute may involve different procedural considerations even though all arise from the same death.

Filing in the first city discovered without mapping the estate can cause jurisdiction objections and delay.

8. Heirship-certificate proceedings require both jurisdiction and applicable-law analysis

Turkish Civil Code Article 598 regulates the certificate of inheritance. In a foreign-element file, the authority may need to determine foreign family records and, under MÖHUK Article 20, foreign succession law for relevant assets or heirship questions.

The court’s ability to hear the file and the substantive shares stated in the certificate are separate issues. Article 43 can supply the Turkish jurisdictional connection while Article 20 determines which inheritance rules apply.

For the certificate process, see Certificate of Inheritance in Turkey for Foreign Heirs.

9. Partition and sale proceedings should be distinguished from heirship determination

Once heirship is established, heirs may still disagree over how Turkish estate property should be divided or sold. The inheritance community remains subject to Civil Code Article 640 until partition.

A partition case involving a specific Turkish immovable can engage property-location procedural rules in addition to the international inheritance framework. The requested remedy should therefore be classified precisely.

See Inherited Property in Turkey: Agreement, Partition or Sale and Community of Heirs in Turkey.

10. Will disputes can be heard in Türkiye where Article 43 supplies jurisdiction

A foreign or Turkish will affecting an estate can generate disputes over form, capacity, annulment, reduction, appointed heirs or the executor. Jurisdiction must be established before the Turkish court addresses the merits.

Where the deceased had no Turkish domicile but left Turkish estate property, Article 43’s asset-location connection can be central to the Turkish inheritance proceeding. The court then separately determines the law governing the disputed testamentary issue.

For foreign testamentary form, see Foreign Will in Turkey. For annulment, see Annulment of a Will in Turkey.

11. A foreign probate proceeding does not automatically remove Turkish jurisdiction

A deceased may have probate or succession proceedings in the country of nationality or residence while Turkish inheritance issues also exist. The existence of a foreign proceeding does not by itself erase a Turkish statutory jurisdictional connection under Article 43.

The foreign judgment’s effect in Türkiye must be analysed through the applicable recognition rules and the subject matter of the decision. Certain Turkish real-estate matters also engage mandatory Turkish substantive rules.

The lawyer should obtain the foreign probate order, identify what it actually decides and compare that scope with the Turkish relief required.

12. Article 20 determines the substantive succession law separately

MÖHUK Article 20(1) generally applies the deceased’s national law to succession. It expressly makes Turkish law applicable to immovable property located in Türkiye. Article 20 also contains additional rules concerning opening, acquisition and division of the estate.

This can produce a split-law estate. A Turkish court hearing the case under Article 43 may apply Turkish law to a Turkish apartment while needing foreign law for another part of the succession.

The detailed applicable-law framework is explained in Turkish Inheritance Law for Foreigners: MÖHUK Article 20. If foreign law must be applied, How Turkish Courts Apply Foreign Law explains Article 2.

13. Foreign civil-status and probate documents must be prepared for Turkish court use

A cross-border inheritance file can require foreign death certificates, birth and marriage records, divorce records, family-register documents, wills and probate decisions. The Turkish court must be able to verify identity and family links.

Foreign public documents should be authenticated under the applicable treaty or legalisation system and translated into Turkish in an accepted form. Name differences, transliteration and changed surnames should be connected with official evidence.

See Apostille and Certified Translation for Foreign Documents in Turkey.

14. Build the jurisdiction section before drafting the merits of the inheritance claim

For a deceased with a Turkish connection, prepare a jurisdiction sheet containing: last domicile, proof of that domicile, all Turkish estate assets, official location documents, the relief requested and the specific MÖHUK jurisdiction provision.

Then prepare a separate applicable-law sheet under Article 20. Do not mix the two. The court location and the substantive inheritance law can follow different connecting factors.

For clients abroad, a properly drafted power of attorney can permit Turkish counsel to conduct the court and registry stages. Bakırci & Keskin Law Office has one physical office in Mersin and coordinates Turkish inheritance matters throughout Türkiye from Mersin, subject to jurisdiction and the agreed mandate.

Conclusion

International inheritance jurisdiction in Turkey is governed specifically by MÖHUK Article 43. The first forum is the court at the deceased’s last domicile in Türkiye. If there was no Turkish last domicile, jurisdiction lies where estate property is located. This rule must be kept separate from MÖHUK Article 20, which determines applicable succession law. Foreign heirs should therefore establish domicile, identify Turkish estate assets, prove their location and then perform a separate applicable-law analysis before filing.