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Attorney Emirhan Keskin
Prepares legal publications on procedures in Türkiye and provides legal services from Mersin. Every publication is checked against current official Turkish sources.
Legal information
This publication gives general information on Turkish law as of its stated review date. It does not create an attorney–client relationship; documents, deadlines, jurisdiction, venue and current legislation require file-specific review.
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Direct answer: Foreign estate law in Turkey requires an asset-by-asset analysis rather than one answer for the entire estate. Under Article 20 of Turkish Private International Law No. 5718, succession is generally governed by the deceased’s national law, but Turkish law governs immovable property situated in Turkey. The same article separately directs questions concerning the opening, acquisition and distribution of an estate to the law of the country where the estate is located.
A will’s clause selecting another law does not automatically displace these Turkish conflict rules or mandatory land-registration rules. Before calculating shares or challenging a will, identify every nationality held at death, each asset’s legal character and location, the will’s form, any foreign probate case and the content of the relevant foreign law. Jurisdiction, recognition, heirship evidence, property eligibility and tax remain separate issues even after governing law is identified.
Inheritance Law: 2026 legal check
2026 legal check: Turkish private international law does not give a foreign national a general unilateral choice of succession law. The default is the deceased’s national law, while Turkish law governs immovable property located in Turkey. Rules on opening, acquisition and distribution also depend on where estate assets are situated. Will form and testamentary capacity are separate questions under Articles 7 and 20 of Law No. 5718. The analysis should identify each asset, the deceased’s nationality, the will’s execution circumstances and any mandatory Turkish property restrictions before reaching a conclusion. The Inheritance Law assessment must use the current official text and the documents in the individual file.
Why foreign estate law in Turkey is asset-specific
A common statement—“Turkish inheritance law applies because the property is in Turkey”—is only partly correct. Turkish law governs immovables situated in Turkey, such as an apartment or registered land. But the deceased’s national law generally governs succession to other assets under Article 20, subject to the article’s additional location rules and other conflict provisions. A Turkish bank account, company interest, receivable, vehicle and land are not all classified in the same way.
Likewise, a foreign probate order is not automatically a complete answer. It may establish matters under foreign law yet require recognition, separate heirship proof or a Turkish proceeding before a local registry acts. The broad service overview in Inheritance Lawyer in Turkey covers common estate tasks; this guide addresses the narrower governing-law analysis for a foreign decedent.
The Article 20 starting rule
Article 20 of Law No. 5718 states the general connection to the deceased’s national law and the Turkish-law exception for immovable property in Turkey. It also provides location-based rules for the causes of opening an estate, acquisition and distribution. If an estate in Turkey has no heir, the provision preserves it to the Turkish state. These paragraphs must be read together rather than reduced to a slogan.
The “national law” question can itself be complex. Obtain official nationality evidence effective at death. A residence permit, tax residence or habitual residence is not citizenship. Where the deceased was stateless, a refugee or held more than one nationality, the special personal-law rules in Law No. 5718 require analysis. Do not select the law most favourable to a claimant without applying those rules.
Build an asset-by-asset governing-law matrix
| Asset or issue | First conflict question | Evidence needed |
|---|---|---|
| Apartment or land in Turkey | Turkish law governs succession to the Turkish immovable | Current title record, acquisition record and property classification |
| Immovable outside Turkey | Foreign situs law and foreign jurisdiction may control | Foreign registry extract and local-law material |
| Turkish bank account | General national-law rule plus estate-location/acquisition rules | Account ownership, branch, debt/set-off and foreign-law proof |
| Company shares | Succession law plus Turkish company-transfer rules | Share ledger, articles, trade registry and shareholder agreements |
| Vehicle, artwork or jewellery | Classification, location and general succession rule | Registration, physical location, ownership and possession |
| Will or inheritance contract | Capacity, substantive effect and form may require different tests | Original instrument, execution place/date, nationality and witnesses |
| Debt and estate administration | Succession law, contract law and local procedure may overlap | Agreement, security, enforcement file and estate inventory |
The matrix should use legal ownership, not family belief. Property held through a company is a shareholding asset; it is not automatically inherited as direct land. A joint account is not proof that the survivor beneficially owns every balance. Identify debts and security as well as positive assets.
Turkish immovable property receives special treatment
For land and independent units situated in Turkey, Turkish substantive inheritance rules apply under Article 20. The Turkish Civil Code therefore becomes central to reserved shares, heir classes, will effects and distribution of that immovable. Land Registry Law and current TKGM practice control registration steps. Agricultural land, restricted zones or nationality-based acquisition limits may add special rules.
A foreign heir’s inability to retain a particular property does not necessarily mean the person was never an heir. It may trigger a liquidation or disposal mechanism under property legislation. The guide on liquidation of Turkish property a foreign heir cannot acquire addresses that exceptional problem. Eligibility to inherit, ability to register and permission to keep an asset should not be collapsed.
Movables and financial assets require closer classification
The deceased’s national law generally governs succession outside the Turkish-immovable exception. Yet Article 20’s estate-location provisions, the law governing the underlying asset and mandatory Turkish rules can affect acquisition and distribution. A bank’s duty to verify heirs, tax compliance or set-off does not change merely because foreign succession law supplies the shares.
For a company interest, Turkish corporate law may govern how succession is entered in the share ledger or how a limited company responds. For a receivable, the underlying contract and enforcement law remain relevant. Digital assets may be controlled by foreign terms and custody rules. The opinion should therefore state separately: who inherits, what proportion, how authority is proved, and what local step transfers or releases the asset.
Does a choice-of-law clause in a will control?
Turkey is not applying the European Union Succession Regulation as its domestic conflict code. A clause in a will declaring that a chosen country’s law governs the entire estate should not be assumed to override Article 20, especially for Turkish immovable property. The clause may still have significance under the law otherwise governing the disposition, but its reach must be analysed rather than advertised as a universal election.
Separate the testator’s capacity, the substantive validity and effects of the disposition, and its formal validity. Law No. 5718 contains rules on capacity and form, and an applicable international convention may preserve a will executed in a recognised form. Obtain the original will, not a typed summary. The article on opening and enforcing a foreign will in Turkey addresses publication and use; this page decides which substantive law the Turkish court should apply.
How a Turkish court establishes foreign law
Article 2 requires the Turkish judge to apply the designated foreign law and permits the parties to assist in establishing its content. Foreign law is not proved merely by an interested heir’s translation of a website. Useful material can include current official legislation, authoritative court decisions, a ministry or consular response, and a reasoned independent expert opinion that addresses the facts and effective date.
If the content cannot be determined despite all research, Article 2 provides for Turkish law to be applied. That is a last-stage rule, not permission to omit foreign-law research. The submission should disclose amendments, transitional provisions and competing interpretations. A sworn translation must preserve citations and definitions.
- official nationality certificate and passports effective at death;
- official foreign legislation in force at death and current procedural text;
- foreign cases or administrative guidance addressing the disputed issue;
- expert explanation of heir classes, forced shares, wills and renunciation;
- certified Turkish translations with complete source and amendment data.
Public policy and mandatory rules are narrow controls
Article 5 permits refusal to apply a foreign-law provision whose result would be manifestly contrary to Turkish public policy. Difference alone is insufficient. The court examines the concrete consequence. Public policy should not be invoked as a shortcut whenever a foreign system uses different shares or terminology.
Overriding mandatory Turkish provisions may apply within their scope, and Turkish procedure governs the Turkish case. Land registration, property restrictions, court competence, tax and evidence may therefore remain Turkish even when foreign substantive succession law supplies an entitlement. The legal opinion should label each layer instead of describing all of it as “Turkish inheritance law.”
Jurisdiction, certificates and foreign judgments
Applicable law does not itself establish jurisdiction. Turkish civil-procedure and private-international-law rules determine whether and where a Turkish court may hear the estate issue. Litigation concerning rights in Turkish immovables may engage exclusive property venue. Probate protection, heirship and claims against other heirs may have different connecting points.
A foreign certificate of inheritance can be valuable evidence but does not necessarily authorise direct registration of Turkish land. The dedicated article on using a foreign certificate of inheritance in Turkey explains authentication and procedural limits. A contentious foreign judgment may require recognition or enforcement under Law No. 5718, with review of finality, jurisdiction, defence rights and public policy.
Tax and administration remain separate
Determining heir shares does not complete inheritance tax, bank release or title registration. Turkish inheritance and gift tax can apply under its own connecting and filing rules. A foreign tax payment does not automatically discharge Turkish tax, although a treaty or domestic credit rule may be relevant. Obtain advice for both countries.
Estate protection may be urgent while governing law is researched. A Turkish court can be asked to take measures within its authority to preserve local assets, inventory property or appoint representation where the Civil Code permits. Preservation is not a final ruling on ownership. Avoid distributing or selling assets until authority and tax position are documented.
Evidence and document-preparation checklist
- Obtain the death record, nationality proof at death and last addresses.
- Collect all wills, codicils, inheritance contracts and foreign probate filings.
- Create a complete asset-and-debt list with legal owner and physical/legal location.
- Download current Turkish title, trade-registry and available court records lawfully.
- Identify spouse, descendants and other potential heirs with civil-status evidence.
- Commission focused foreign-law material for the disputed questions.
- Separate preservation, governing law, heirship, recognition, tax and transfer tasks.
- Preserve original documents and use apostille or legalisation appropriate to origin.
Do not send irreplaceable originals before the receiving authority and chain of custody are confirmed. Scan both sides, seals and attachments. Record any deadline in a foreign probate case so Turkish work does not inadvertently waive a right elsewhere.
What to send for an initial estate review
Provide the death certificate, all citizenships held at death, last habitual residence, family tree, wills, foreign case papers and a table of assets showing type, country, registered owner and estimated status. Identify any Turkish land with province, district and title details, and disclose debts, lifetime transfers and disputes among heirs.
A review can be coordinated from abroad and for assets anywhere in Turkey. It should return an asset-by-asset law and procedure map, list the foreign-law material still needed, and flag preservation or filing urgency. It should not promise that one foreign document will unlock every asset.
Official sources checked for this guide
- Private International Law No. 5718, especially Articles 2, 5–7 and 20;
- Turkish Civil Code No. 4721 for succession and wills where Turkish law applies;
- Land Registry Law No. 2644;
- Civil Procedure Law No. 6100;
- General Directorate of Land Registry and Cadastre for current registration practice;
- Court of Cassation official decision search.
The Turkish sources were checked on 20 September 2026. The deceased’s foreign national law must be established from authoritative material effective on the legally relevant date.
Frequently asked questions
Does Turkish law govern the entire estate because there is a Turkish apartment?
No. Turkish law governs the Turkish immovable, while other assets require the Article 20 analysis. The estate may be divided across several governing and procedural laws.
Does residence in Turkey replace the deceased’s national law?
Not under the basic Article 20 connection. Nationality is the general succession link, subject to special personal-law rules and the Turkish-immovable exception. Residence remains relevant to jurisdiction and facts.
Can a will choose English or another law for Turkish land?
Do not assume so. A choice clause does not automatically displace Turkish conflict rules or Turkish law for immovables situated in Turkey. Its validity and reach require individual analysis.
What if the deceased had two citizenships?
Law No. 5718 contains rules for multiple nationality, including treatment of Turkish nationality where held. Obtain official proof and do not select a citizenship informally.
Must the Turkish judge know foreign law?
The judge applies the conflict rule and seeks the foreign law’s content, while parties may assist with authoritative material. A focused expert report is often useful but is not a substitute for official sources.
Will a foreign probate grant transfer Turkish property?
Usually further Turkish steps are required. Recognition, heirship proof, tax, property eligibility and land-registry procedure must be examined independently.
Does public policy always give a spouse a Turkish share?
No. Public policy is a narrow, result-focused exception. The court first identifies and applies the designated law and then examines whether the concrete outcome is manifestly incompatible.
Can heirs protect assets before foreign law is proved?
Turkish protective measures may be available for local estate assets, depending on urgency and standing. Preservation does not decide final shares.
Are Turkish inheritance taxes governed by the same conflict rule?
No. Tax has its own statutory connecting, valuation and filing rules. A substantive succession opinion should be coordinated with a separate Turkish and foreign tax analysis.
Can one lawyer handle assets in several Turkish provinces?
Central review and coordination are possible, while court venue, title appointments and local attendance depend on each asset and proceeding. The plan should identify those tasks before authority is signed.
Publication and legal-information notice
Publisher: Attorney Emirhan Keskin, Mersin Bar Association registration no. 5507.
Legal information updated: 21 September 2026.
This page provides general legal information about foreign estates connected with Turkey and is not a substitute for specific advice on an estate or foreign law. It does not create an attorney–client relationship and cannot guarantee heirship, recognition or transfer.