Can a Turkish Citizen Living in Germany Inherit Property in Turkey?

Turkish citizens living in Germany may have inheritance rights in respect of movable or immovable property located in Türkiye. The fact that a person resides in Germany does not, by itself, eliminate their inheritance rights in Türkiye. However, determining which country’s law applies to the inheritance requires consideration of several factors, including the nationality and habitual residence of the deceased, the nature of the property, and, in particular, whether the immovable property is located in Türkiye.

A Turkish citizen living in Germany who has inheritance rights over a house, land, bank account, or other assets located in Türkiye may be able to complete the necessary legal procedures either in Türkiye or, for certain procedures, from Germany.

One of the principal legal regulations relevant to this matter is Law No. 5718 on International Private and Procedural Law (MÖHUK). In addition, the provisions concerning inheritance under Turkish Civil Code No. 4721 must also be taken into consideration.

Does Living in Germany Cause a Person to Lose Their Inheritance Rights in Türkiye?

No. A Turkish citizen’s residence in Germany, even for many years, does not by itself eliminate their status as an heir under Turkish law.

For example, a Turkish citizen living in Germany may have a parent who dies in Türkiye and leaves behind immovable property. Even though the heir lives in Germany, it is still necessary to determine whether the person is an heir and how the inheritance will be transferred.

The heir’s place of residence is not the only relevant factor. The deceased person’s nationality and habitual residence at the time of death, as well as the location and nature of the assets forming part of the estate, may be relevant under international private law.

Which Country’s Law Determines the Inheritance?

In inheritance cases involving more than one country, the first question is which country’s law will apply.

The provisions concerning inheritance under Law No. 5718 on International Private and Procedural Law are particularly important in this regard. Article 20 of the Law contains the principal rules concerning the law applicable to inheritance.

As a general rule, succession is subject to the national law of the deceased. However, the Law establishes different connecting factors for certain aspects of succession and particular types of property.

The application of Turkish law to immovable property located in Türkiye is particularly important. Therefore, when assessing the inheritance rights of a Turkish citizen living in Germany in relation to immovable property located in Türkiye, it is not sufficient to consider German law alone.

What Happens to Immovable Property Located in Türkiye?

Immovable property located in Türkiye has particular importance in international inheritance matters.

Consider a Turkish citizen who lives in Germany and inherits a house located in Türkiye. The fact that the heir resides in Germany does not prevent the legal procedures necessary for the inheritance transfer of the property in Türkiye.

The title deed may need to be transferred into the names of the heirs, an inheritance certificate may need to be obtained, and the necessary land registry procedures may need to be completed.

The inheritance provisions of the Turkish Civil Code determine who the legal heirs are and how their inheritance shares are calculated.

For example, where the deceased leaves a spouse and children, the inheritance shares prescribed by law must be taken into consideration. However, each case must be assessed separately, particularly where there is a will, an inheritance agreement, or another testamentary disposition.

Does an Heir Living in Germany Have to Travel to Türkiye?

It cannot be said that an heir must personally travel to Türkiye for every transaction.

Depending on the circumstances, an heir may choose to execute a power of attorney in Germany and have the relevant procedures carried out in Türkiye by an authorized representative. However, the scope and wording of the power of attorney are important and depend on the transaction to be performed.

For example, if the inheritance transfer of an immovable property in Türkiye or a subsequent sale is involved, the power of attorney should be prepared to cover the relevant legal transactions.

Documents executed in Germany may, depending on their type, require procedures such as an apostille, consular formalities, notarization, or certified translation before they can be used in Türkiye.

For this reason, the intended use of a power of attorney in Türkiye should be determined before it is prepared in Germany.

How Can an Inheritance Certificate Be Obtained?

An inheritance certificate is one of the principal documents used in inheritance procedures in Türkiye.

An inheritance certificate establishes that a person is an heir of a particular deceased person and indicates the heir’s inheritance share.

Under Turkish law, there are different procedures for obtaining an inheritance certificate. Depending on the circumstances, it may be possible to obtain one through a notary public or through the competent Civil Court of Peace (Sulh Hukuk Mahkemesi).

However, in cases involving an international element—particularly where the deceased was a foreign national, assets are located in more than one country, or family members live in different countries—the appropriate procedure should be assessed separately.

For a Turkish citizen living in Germany, it is therefore important to determine which documents and procedures are required before beginning inheritance proceedings in Türkiye.

Can Documents Obtained in Germany Be Used in Türkiye?

It should not be assumed that every document issued in Germany can be used directly in Türkiye.

Depending on the nature of the document, an apostille, certified translation, notarization, or another form of authentication may be required.

For example, if a population registration document or a document establishing inheritance status issued by a German authority is to be used in a procedure in Türkiye, the requirements of the relevant Turkish authority should be checked in advance.

In particular, deficiencies in the formal requirements applicable to documents issued by foreign authorities may cause delays in procedures in Türkiye.

What Documents May Be Required for Inheritance Procedures in Türkiye?

Depending on the circumstances of the particular case, the following documents may be required:

• Inheritance certificate,
• Death certificate or civil registry information concerning the deceased,
• Identification documents of the heirs,
• Title deed information,
• Power of attorney,
• Documents issued abroad,
• Apostilled documents where required,
• Certified translations and notarization,
• Documents relating to taxes and fees.

However, the same documents will not necessarily be required in every inheritance case. The required documentation may vary depending on the nature of the transaction and the authority to which the application is made.

Can a Turkish Citizen Living in Germany Sell Inherited Property in Türkiye?

Once an inherited immovable property has been transferred into the name or names of the heirs, transactions such as a sale may be possible. However, the necessary inheritance transfer and other legal requirements must generally be completed first.

Where there are multiple heirs, the sale of the entire property or the disposition of individual inheritance shares may have different legal consequences and should be assessed separately.

If an heir living in Germany wishes to complete the transaction without travelling to Türkiye, one option may be to authorize a representative in Türkiye through an appropriate power of attorney.

It is important that the power of attorney is drafted specifically and sufficiently for the intended transaction rather than relying solely on broad or general wording.

What Points Are Important in Inheritance Matters Involving Germany and Türkiye?

Inheritance cases connected to both Türkiye and Germany may involve the legal systems of more than one country.

For example, the deceased may have lived in Türkiye, an heir may live in Germany, and part of the estate may be located in Türkiye while another part is located in Germany.

In such a case, the question “Which country’s law governs the inheritance?” cannot always be answered without considering additional factors. The location of each asset, the nationality and habitual residence of the deceased, and the applicable conflict-of-law rules may all be relevant.

In particular, where immovable property is located in Türkiye, the mandatory provisions of Turkish law concerning immovable property may be of particular importance.

Conclusion

A Turkish citizen living in Germany may, as a general rule, inherit property located in Türkiye. Living in Germany does not, by itself, eliminate a person’s inheritance rights in Türkiye.

However, in international inheritance cases, the applicable law and the procedures to be followed may vary depending on the circumstances of the case. In particular, Turkish law may be relevant to immovable property located in Türkiye.

If the heir wishes to complete the procedures without travelling to Türkiye, it may be possible to arrange for the procedures to be carried out through a representative under a power of attorney. Nevertheless, the formal requirements applicable to documents executed abroad should be checked in advance to ensure that they can be used in Türkiye.

Accordingly, a Turkish citizen living in Germany who has inheritance rights in Türkiye should consider the deceased person’s nationality, habitual residence, the nature and location of the assets, and the circumstances of the other heirs before taking legal action.

Note: International inheritance law is an area in which the applicable rules may vary depending on the specific circumstances of each case. The information above is provided for general informational purposes only. The applicable law and procedure in a particular inheritance case should be assessed separately.

What Are the Relevant Legal Provisions?

When assessing the inheritance rights of a Turkish citizen living in Germany in relation to property in Türkiye, the principal legislation to consider includes Law No. 5718 on International Private and Procedural Law (MÖHUK) and Turkish Civil Code No. 4721 (TMK).

In an inheritance matter involving an international element, the first question is:

“Which country’s law applies to this inheritance?”

MÖHUK establishes specific rules for answering this question.

1. Article 20 of Law No. 5718 — Succession

One of the most important provisions in this context is Article 20 of MÖHUK.

Article 20 establishes the principal conflict-of-laws rules concerning succession. In general terms, succession is subject to the deceased person’s national law, while Turkish law applies to immovable property located in Türkiye. The provision also contains rules concerning the opening, acquisition, and distribution of the estate, as well as testamentary dispositions.

This provision is particularly important for Turkish citizens living in Germany.

For example, suppose the deceased was a Turkish citizen and left a house in Türkiye, while one of the heirs lives in Germany. The heir’s residence in Germany does not prevent Turkish law from being relevant to the immovable property located in Türkiye.

In other words, the heir’s place of residence and the law applicable to immovable property located in Türkiye are two separate issues.

One of the key points of Article 20 of MÖHUK is therefore:

Turkish law applies to immovable property located in Türkiye.

Consequently, where houses, land, or other immovable property located in Türkiye are inherited, the relevant provisions of Turkish succession law become particularly important.

2. Article 21 of Law No. 5718 — Rights in Rem

Article 21 of MÖHUK may also be relevant to ownership of inherited immovable property and other rights in rem over such property.

Under this provision, ownership and other rights in rem over movable and immovable property are generally governed by the law of the place where the property is located. The provision also contains rules concerning the formal validity of legal transactions relating to rights in rem over immovable property.

Accordingly, the importance of Turkish law in relation to an immovable property located in Türkiye does not arise solely from succession law. The conflict-of-laws rules concerning rights in rem and the location of the property must also be taken into account.

This is particularly relevant for an heir living in Germany.

The heir may live in Germany, but where land registry procedures concerning property in Türkiye are involved, the relevant Turkish legal requirements must be taken into consideration.

3. Article 495 of Turkish Civil Code No. 4721 — Descendants

Article 495 of the Turkish Civil Code is relevant when determining who qualifies as a legal heir.

Under this provision, the descendants of the deceased are the first-degree heirs. Children inherit in equal shares. If a child of the deceased has died before the deceased, that child’s descendants may inherit in accordance with the applicable representation rules.

This provision is relevant to determining legal succession regardless of whether the heir lives in Germany or Türkiye.

For example, if a person dies in Türkiye and has two children living in Germany, their residence in Germany does not, by itself, prevent them from being legal heirs.

4. Article 496 of Turkish Civil Code No. 4721 — Parents

If the deceased has no descendants, Article 496 of the Turkish Civil Code may become relevant.

The provision establishes the inheritance rights of the deceased’s parents where there are no descendants and provides for equal inheritance shares between the parents, subject to the statutory rules of representation.

Accordingly, when determining the inheritance rights of a person living in Germany, it is not sufficient to consider only whether the deceased had children. The deceased’s overall family structure must also be examined.

5. Article 499 of Turkish Civil Code No. 4721 — Surviving Spouse

Where the deceased was married, Article 499 of the Turkish Civil Code is also relevant.

This provision determines the surviving spouse’s inheritance share depending on which class of heirs the spouse inherits alongside. For example, where the surviving spouse inherits together with descendants, the spouse is entitled to one-quarter of the estate. Different shares apply when the spouse inherits alongside other classes of heirs.

Therefore, when calculating the inheritance share of a Turkish citizen living in Germany, it is not sufficient to know only that one of the children lives in Germany.

The deceased’s spouse, children, parents, and other potential legal heirs must also be taken into consideration.

What Do These Legal Provisions Mean for a Turkish Citizen Living in Germany?

Taken together, the provisions discussed above indicate that a Turkish citizen living in Germany does not lose their inheritance rights in Türkiye merely because they reside abroad.

Where immovable property is located in Türkiye, the application of Turkish law under Article 20 of MÖHUK is particularly important. The fact that the heir lives outside Türkiye does not, by itself, change the legal status of the property located in Türkiye.

However, an important distinction should be made:

“Does the heir live in Türkiye?” and “Which law governs the inheritance?” are not the same question.

An heir may live in Germany while Turkish law may nevertheless apply to immovable property located in Türkiye.

Accordingly, a Turkish citizen living in Germany who is investigating their inheritance rights in Türkiye should consider, among other things:

• The nationality of the deceased,
• The deceased’s circumstances and habitual residence at the time of death,
• The identity of the heirs,
• Movable and immovable assets located in Türkiye,
• Any will or other testamentary dispositions,
• The countries in which the estate is located.

Summary of the Relevant Legal Provisions

Therefore, when assessing the inheritance rights of a Turkish citizen living in Germany in relation to property in Türkiye, it is not sufficient to rely on a single legal provision. The conflict-of-laws rules under MÖHUK and the provisions of the Turkish Civil Code governing legal heirs and inheritance shares should be considered together.

Note: The relevant legal provisions should be verified against the current version of the legislation before publication or reliance. In a specific international inheritance case, the applicable law may depend on factors including the deceased person’s nationality, habitual residence, the countries in which the assets are located, the existence of a will, and other circumstances. This article is intended for general legal information and does not constitute legal advice.