Children Abroad Inheriting From a Turkish-Citizen Father: How Do You Obtain Your Inheritance Rights If You Are Not in the Civil Registry?

People living abroad who are the children of a Turkish-citizen father frequently encounter an unexpected problem after their father's death: only the father's spouse (or first spouse) appears registered in the civil registry in Turkey, while they themselves do not appear at all. Although this may at first give the impression that they cannot receive a share of the inheritance, Turkish law offers a clear and protective framework on this matter. In this article, we address which law applies to inheritance disputes with a foreign element, how heirship is proven, and the litigation process that must be followed.

Summary of the Situation

In a typical example, a Turkish-citizen person establishes a family abroad during their lifetime; the children of this marriage are never registered in the Turkish civil registry. When the person dies, the surviving spouse may attempt to have the entire estate transferred to themselves relying on a civil registry record in which only they appear. Yet the children abroad, so long as they can prove parentage through birth certificates and civil registry records, are legal heirs entitled to a share of their father's estate.

The Legal Issue

The fundamental questions that must be answered in files of this kind are as follows:

• If the decedent was a Turkish citizen at the time of death, which country's law applies to the distribution of the estate?
• How do children who are not registered in the civil registry and who live abroad prove their status as heirs?
• Is the spouse, who appears in the civil registry as the sole relative, entitled to the entire estate?
• Which actions must be filed, and in what order?

What Do the Courts and Legislation Say?

The applicable law is determined by the decedent's nationality. Under Article 20/1 of Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK), where the decedent was a Turkish citizen, the provisions of the Turkish Civil Code (TMK) apply to the liquidation of the estate. As for real property located in Turkey, Turkish law has exclusive jurisdiction in every case.

Inheritance shares are fixed by law; the civil registry record is merely a "presumption." Under Articles 495 and 499 of the TMK, the surviving spouse's inheritance share, when inheriting together with descendants (children), is 1/4 of the estate; the children share the remaining 3/4 equally among themselves. According to the Court of Cassation, 7th Civil Chamber (E. 2024/3133, K. 2025/1783, T. 2025), there is no requirement for the foreign-national children of a Turkish-citizen father to acquire Turkish citizenship in order to be heirs; it is sufficient for these persons to prove parentage with documents such as a birth certificate and civil registry record obtained from their own country. According to the Court of Cassation, 14th Civil Chamber (E. 2016/395, K. 2018/5825, T. 2018), the spouse appearing as the sole relative in the civil registry does not mean that the spouse will receive the entire estate where other heirs (children) exist; for the spouse to receive the entire estate, there must be no other statutory-order heirs required by law.

Establishing parentage is the first step. Under Article 36 of the Population Services Law, an action must be filed at the Civil Court of First Instance for the registration of children who do not appear in the civil registry as linked to their father. According to the Court of Cassation, 8th Civil Chamber (E. 2017/13033, K. 2019/5472, T. 2019 and E. 2017/8104, K. 2019/1769, T. 2019), it has been emphasized that a DNA test may be ordered where necessary to establish parentage, and that all heirs must be included in the action.

The certificate of inheritance (veraset ilamı) must be renewed accordingly. Under Article 598 of the TMK, application must be made to the Civil Court of Peace for the annulment of the existing incorrect certificate of inheritance and the issuance of a new certificate including the true heirs. According to the Court of Cassation, 14th Civil Chamber (E. 2015/8281, K. 2016/540, T. 2016), certificate-of-inheritance actions are subject to non-contentious jurisdiction, and the court is obliged to investigate the heirs ex officio.

A precautionary measure may be requested to protect the estate. Under Articles 589, 590 and 591 of the TMK, a determination of the estate, the keeping of an inventory, and sealing may be requested. Against the possibility that the spouse has transferred estate property into their own name, an action for restitution by reason of succession (miras sebebiyle istihkak davası) may be filed under Article 637 of the TMK, and in such actions, a precautionary injunction may be requested to prevent transfers of the real property.

Points to Watch

• Prepare your documents completely and duly certified. Birth certificates, civil registry records and, if applicable, death certificates obtained from abroad require apostille or consular certification and a sworn translation into Turkish.
• Do not lose time. If there is a risk that the other heir will dispose of estate assets, requests for protection of the estate and for a precautionary injunction should be made as soon as possible.
• Pay attention to the order of the actions. The action for establishing parentage and correcting the civil registry is generally a precondition for the action to annul the certificate of inheritance.
• As a foreign-national heir, research the special conditions on acquiring real property. Under Article 35 of Land Registry Law No. 2644, the principle of "reciprocity" (mütekabiliyet) may need to be investigated in certain circumstances.

Conclusion: What Should You Do?

Children abroad who inherit from a Turkish-citizen father and who are not registered in the civil registry have not, in law, lost their inheritance rights. The deficiency in the civil registry is merely a procedural problem that must be overcome; the substantive inheritance share is guaranteed by law. To give effect to these rights, parentage and civil registry correction must first be established, followed by the renewal of the certificate of inheritance and, if necessary, a request for a precautionary measure to protect the estate. Because cross-border document processes and the coordinated conduct of multiple actions are required, it is of great importance to obtain support in such a process from an attorney experienced in both inheritance law and private international law.