Power of attorney and estate documents for cross-border inheritance and property transfer — Cross-border inheritance: the powers of attorney and probate steps for foreign heirs.

By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.

When a foreign national who owns property in Turkey dies, the Turkish real estate does not pass automatically to the heirs: it is settled under Turkish inheritance law and re-registered at the Land Registry once the heirs are formally established, while which country’s law decides who inherits is answered by the Act on Private International and Procedural Law No. 5718. For a cross-border family this means two systems work together, the Turkish Civil Code No. 4721 for the immovable in Turkey and the conflict-of-laws rules of Law No. 5718 for the wider estate. This guide explains how foreign heirs inherit, prove succession, and transfer Turkish property when the deceased, the heirs, or the assets sit across more than one country.

How does a foreigner inherit property in Turkey?

A foreigner inherits Turkish property through Turkish succession procedure, regardless of nationality. The heirs first obtain a certificate of inheritance that names them and their legal shares, then apply to re-register the immovable at the Land Registry (Tapu) in their own names under the Land Registry Law No. 2644. Foreign heirs have the same standing as Turkish heirs to inherit immovable property located in Turkey, subject to the reciprocity and restricted-zone limits that apply to foreign ownership generally.

Two separate questions drive every cross-border estate. First, which country’s law decides who the heirs are and what each one receives. Second, what procedure is needed inside Turkey to prove that result and move the title. The first is a conflict-of-laws question answered by the Act on Private International and Procedural Law No. 5718. The second is governed by Turkish substantive and procedural law, principally the Civil Code No. 4721 and the Code of Civil Procedure No. 6100.

Which country’s law governs the inheritance?

Succession is governed by the national law of the deceased under the Act on Private International and Procedural Law No. 5718, but immovable property located in Turkey is governed by Turkish law. This split is central for foreign owners. The movable estate of a foreign deceased may follow home-country succession rules, while a house, apartment, or land in Turkey is settled under the Civil Code No. 4721 even when the deceased held another nationality.

This is why a foreign will or a foreign grant of probate does not, on its own, transfer Turkish real estate. The applicable-law rule sits in Law No. 5718, and because the precise allocation between home-country law and Turkish law depends on the asset type and the facts, the governing law for any specific estate should be confirmed by counsel before steps are taken, rather than assumed from the deceased’s nationality. If you are still at the buying stage, the inheritance angle is one reason to read our guide on Turkish real estate law before you acquire.

What is a certificate of inheritance and how is it obtained?

A certificate of inheritance (veraset ilami) is the official document that proves who the heirs are and the share each one holds. It is the key that unlocks every later step, including title transfer, bank account release, and tax filing, and without it the Land Registry will not change the ownership of inherited real estate. It is obtained either from a notary or, where the estate has a foreign element the notary cannot resolve, from the civil court of peace (sulh hukuk mahkemesi) under the Code of Civil Procedure No. 6100.

For a purely domestic estate, a notary can often issue the certificate quickly. For a cross-border estate the document trail is heavier: foreign heirs commonly need legalized and translated proof of the death, the family relationship, and identity. Where there is a foreign element, such as a foreign deceased or foreign heirs, the matter usually goes to court rather than the notary, and the court examines the foreign documents and the applicable law before issuing the certificate.

What documents do foreign heirs need?

Foreign heirs generally need official proof of the death, proof of their relationship to the deceased, identity documents, and, where they cannot attend in person, a power of attorney. Foreign public documents must usually be authenticated for use in Turkey and accompanied by a sworn Turkish translation. The exact set depends on the heirs’ country of origin and should be confirmed for the specific estate.

Death certificate of the deceased, authenticated and translated.
Proof of kinship such as birth, marriage, or family records showing each heir’s relationship to the deceased.
Identity and nationality documents for each heir, including passport copies.
The will or foreign succession document, if one exists, with authentication and translation.
Apostille or consular legalization. For countries party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention), an apostille is normally sufficient; otherwise consular legalization is used. Which one applies depends on the issuing country.
Power of attorney to a Turkish lawyer, so heirs abroad do not need to travel for each step. The power of attorney is generally prepared at a Turkish consulate or notarized and apostilled abroad.

Translation and authentication requirements are technical and country-specific. A document accepted from one jurisdiction may be rejected from another over a missing apostille or an unsworn translation, so these should be verified against current practice for the heirs’ specific country before they are commissioned. The same authentication discipline applies when buyers check ownership history, as set out in our title deed red flags for foreign buyers.

How is inherited real estate transferred at the Land Registry?

Once the certificate of inheritance is in hand, the heirs apply to the Land Registry (Tapu) to record the inheritance and place the property in their names under the Land Registry Law No. 2644. The registry updates the title to reflect the heirs and their legal shares, after which the heirs hold the property either individually or in common. This re-registration, not the death itself, is what makes the heirs the legal owners of record.

If the heirs want one person to hold the whole property, or want to sell it, a further step is needed after the inheritance is recorded. The co-owning heirs can transfer shares among themselves or sell to a third party, and where they cannot agree, any heir can ask the court to dissolve the joint ownership. The fees, charges, and any inheritance and transfer tax connected to this transfer are set by law and current regulation; confirm the amount in force at the time of filing for the specific property rather than assuming a fixed figure.

How long does cross-border probate and transfer take?

The timeline depends almost entirely on the documents. A domestic estate where the certificate of inheritance can be issued by a notary moves faster than a cross-border estate that must go through the civil court of peace and rely on authenticated foreign papers. Gathering, apostilling, and translating documents from abroad is usually the slowest part, and it can run in parallel with appointing a Turkish lawyer to act under power of attorney.

Because each stage depends on foreign authorities, courts, and the registry, no fixed duration can be promised. The most reliable way to shorten the process is to prepare the foreign documents correctly the first time and to grant a power of attorney early so the Turkish steps can proceed without the heirs travelling. A realistic timeline for a given estate can only be set after the documents and the applicable law are reviewed.

What are the rights of heirs, including a surviving spouse?

Turkish inheritance law sets out who the legal heirs are and the share each receives, organized by degrees of kinship under the Civil Code No. 4721, with a surviving spouse inheriting alongside the children or other relatives. The Civil Code also protects a reserved portion (sakli pay) for certain close heirs, which limits how far a will can disinherit them where Turkish law applies. These default shares apply to Turkish immovable property even when the deceased was a foreign national.

For cross-border families, the reserved-portion rule matters most when a foreign will tries to leave Turkish real estate in a way that conflicts with the protected shares. Because the interaction between a foreign will and the Turkish reserved portion is fact-sensitive, the practical effect of any will on Turkish property should be assessed under the Civil Code No. 4721 and the Act on Private International and Procedural Law No. 5718 before the estate is distributed.

What happens if heirs disagree or the estate is disputed?

When heirs cannot agree on how to divide an inherited property, any co-owning heir can bring a partition action to dissolve the joint ownership. The court divides the property in kind where that is possible, and otherwise orders a sale, commonly by public auction, with the proceeds shared according to the heirs’ legal shares. The execution and auction stage is governed by the Enforcement and Bankruptcy Law No. 2004.

Disputes can also arise over the validity of a will, the genuineness of foreign documents, or whether a particular person is an heir at all. These are litigated under the Code of Civil Procedure No. 6100. For a cross-border estate a dispute may further involve recognition of a foreign judgment or foreign succession document, which is itself a question under the Act on Private International and Procedural Law No. 5718 that the Turkish court examines before giving the document effect.

Foreign inheritance versus a domestic probate in Turkey

A domestic probate involves a Turkish deceased, Turkish heirs, and Turkish documents, and the certificate of inheritance can often be issued quickly by a notary. A foreign inheritance adds a layer at every stage. The table below sets out the practical differences that foreign owners and cross-border heirs should plan for.

Issue	Domestic estate	Cross-border estate
Applicable law	Turkish law throughout	Turkish law for Turkish immovables; home-country law may govern part of the movable estate (Law No. 5718)
Certificate of inheritance	Often issued by a notary	Usually issued by the civil court of peace where there is a foreign element
Documents	Turkish records	Foreign records requiring apostille or legalization and sworn translation
Presence of heirs	Heirs usually in Turkey	Heirs abroad; power of attorney to a Turkish lawyer is typical
Will	Turkish will under Civil Code No. 4721	Foreign will tested against Turkish reserved-portion rules for Turkish property

How a cross-border inheritance lawyer helps

A lawyer experienced in cross-border estates handles the parts that most often stall a foreign inheritance: confirming which law governs each asset under the Act on Private International and Procedural Law No. 5718, securing the certificate of inheritance, getting foreign documents authenticated and translated correctly, and completing the Land Registry transfer under the Land Registry Law No. 2644. Acting under power of attorney, counsel can carry out the Turkish steps without the heirs needing to travel for each appointment.

If you have inherited Turkish property, or you own property and want your estate planned so your heirs are not left with an avoidable dispute, our real estate law and property acquisition team can map the applicable law and manage the probate and title transfer end to end. Where the estate raises questions about marital shares, our family law practice can advise alongside.

Frequently asked questions

Can a foreigner inherit property in Turkey?
Yes. Foreign heirs can inherit Turkish immovable property and re-register it in their names at the Land Registry under the Land Registry Law No. 2644, subject to the reciprocity and restricted-zone rules that apply to foreign ownership in general. Nationality does not bar inheritance of an immovable located in Turkey, but the heirs must still prove succession through Turkish procedure.

Does a foreign will transfer my Turkish house automatically?
No. A foreign will or foreign grant of probate does not on its own transfer Turkish real estate. The heirs still need a Turkish certificate of inheritance and a Land Registry transfer, and the will is tested against the reserved-portion rules of the Civil Code No. 4721 for Turkish property. The foreign document is examined under the Act on Private International and Procedural Law No. 5718 before it is given effect.

Do I have to come to Turkey to inherit?
Usually not. Heirs abroad can grant a power of attorney to a Turkish lawyer, prepared at a Turkish consulate or notarized and apostilled abroad, so the certificate of inheritance and the title transfer can be completed on their behalf. Travelling is rarely required if the documents are authenticated correctly and the power of attorney is issued early.

What is the difference between a notary and a court certificate of inheritance?
A notary can issue the certificate for many domestic estates. Where the estate has a foreign element, such as a foreign deceased or foreign heirs, the matter typically goes to the civil court of peace (sulh hukuk mahkemesi), which reviews the foreign documents and the applicable law under the Code of Civil Procedure No. 6100 before issuing the certificate.

Foreign Inheritance and Property Transfer in Turkey: Cross-Border Guide