Turkish Inheritance Law for Foreigners: What You Need to Know

Turkish inheritance law operates under rules that will surprise most English speakers. There's no executor system, no Grant of Probate, and heirs automatically inherit debts alongside assets the moment someone dies. If you're dealing with a foreign national's estate in Turkey, or a Turkish estate with foreign heirs, here's how the law actually works.

The Dual-Regime Framework

Turkish law splits estates into two categories, governed by different legal systems:

Immovable property (real estate, land in Turkey) is governed strictly by Turkish succession law, regardless of the deceased's nationality. A British citizen who owned an apartment in Bodrum — that property follows Turkish rules, full stop.

Movable assets (bank accounts, vehicles, corporate shares) are governed by the national law of the deceased at the time of death. So a German citizen's Turkish bank account would technically be distributed according to German succession law, while their Turkish apartment follows the Turkish Civil Code.

This dual regime is codified in Article 20 of the Law on Private International and Procedural Law (MOHUK). It creates real-world complications when the two legal systems produce different inheritance shares.

Intestate Succession: What Happens Without a Will

If the deceased died without a valid Turkish will, the Turkish Civil Code (TMK) distributes immovable property in Turkey according to these rules:

Spouse + children: The surviving spouse receives 1/4 of the estate. The remaining 3/4 is divided equally among the children.

Spouse + parents (no children): The surviving spouse receives 1/2. The deceased's parents split the other half.

Spouse alone (no children, no parents): The surviving spouse receives 3/4. The remaining 1/4 goes to the deceased's grandparents or their descendants.

No spouse: Children inherit everything equally. If no children, parents inherit. The hierarchy continues through grandparents and their lines.

Universal Succession: You Inherit the Debts Too

Under Article 599 of the TMK, heirs inherit both assets and liabilities automatically. This isn't optional — the moment someone dies, their debts become yours. If the estate is insolvent (more debts than assets), you have exactly three months to file a formal renunciation at the Civil Court of Peace.

During those three months, do not touch anything that could be interpreted as accepting the estate: don't drive the deceased's car, don't pay their personal bills, don't withdraw money from their accounts. Any of these acts constitutes implied acceptance, and you lose the right to renounce permanently.

The Reserved Portion (Sakli Pay)

Turkish law protects certain heirs with minimum guaranteed shares that cannot be overridden even by a valid will:

• Children: Entitled to at least 50% of what they would receive under intestate succession
• Parents: Entitled to at least 25% of their intestate share
• Surviving spouse: Entitled to their full intestate share as a reserved minimum

If a will violates these reserved portions, affected heirs can file a Tenkis (reduction) lawsuit within one year of learning about the violation, or within ten years of the disposition.

Why This Matters for Foreign Families

The practical impact is significant. An English or American will that leaves everything to the surviving spouse — perfectly normal in common-law countries — would violate the reserved portions of the children under Turkish law, at least for Turkish real estate. The children could challenge the distribution in Turkish court and win.

The Someone Died in Turkey: English Speaker's Emergency Guide breaks down exactly how these rules apply to your specific situation, including the steps to file a renunciation, enforce a foreign will, and navigate the dual-regime system.

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