Do You Have an Inheritance Matter With a Foreign Connection? Which Actions to File, Which Documents to Gather

Inheritance proceedings can be complex even for a family in which all the heirs live in Turkey and have orderly civil registry records. But when the decedent (the person leaving the estate) is a foreign national, when there are inconsistencies in the civil registry, or when the estate includes rented real property, occupied properties, or other pending litigation, the process becomes far more layered. In this article, we explain step by step, in light of established Court of Cassation (Yargıtay) case law, which actions must be filed in such complex inheritance files and which documents must be gathered for each.

Why This Matters

In an inheritance file with a foreign connection or civil registry issues, the heirs must separately prove, first their status as heirs, then their rights over the real property, and finally the actual exercise of those rights (such as collecting rent, eviction, or termination of an occupation). If any of these steps is taken with a missing or incorrect document, the entire subsequent process may be disrupted. Preparing the right document in the right order makes a major difference in both time and cost.

Summary of the Situation (A Typical Scenario)

A person who was born abroad, was at one time a national of a different country, and later had a connection to Turkey, passes away. There are certain inconsistencies in the civil registry records (errors in name, parentage or citizenship information). The decedent has real property in Turkey that has been leased out, some properties that are actually being used by others, and title deed records that have not yet been transferred to the heirs. The heirs must both register their inheritance rights and resolve the practical issues over the real property (tenant, occupant, incorrect record).

The Legal Issue and the Step-by-Step Process

A file of this kind generally involves several legal processes that are interrelated but must be conducted separately. Here is the order of these processes and the documents required for each:

1. Action for Correction of Civil Registry Records

To establish inheritance and ownership rights, the inconsistency between the civil registry and the land registry must first be resolved.

• The "family civil registry table for use in inheritance" (verasete esas nüfus aile kayıt tablosu) to be obtained from the population directorate (Court of Cassation, 8th Civil Chamber, 2012, E. 2012/1884, K. 2012/2473)
• Detailed civil registry records (vukuatlı nüfus kayıt örneği) of the decedent and family members
• Documents showing name/surname errors in the land registry records and, if any, prior name-correction decisions (Court of Cassation, 7th Civil Chamber, 2023, E. 2021/7869, K. 2023/96)

2. Action for Determination of Death

Registration of the decedent's death in official records is a precondition for the accrual of inheritance rights.

• Registry records to be obtained from the population directorate showing the decedent's last place of residence and date of death (Court of Cassation, 14th Civil Chamber, 2019, E. 2016/8867, K. 2019/3001)
• Death certificate (morgue report, burial permit, or hospital records)
• Documents showing the decedent's last place of residence (for determination of the competent court)

3. Rent Collection and Eviction Process Against the Tenant

If there is a leased property within the estate, the following are needed for collection of rent receivables and, if necessary, eviction:

• The original or a certified copy of the lease agreement
• Bank receipts relating to unpaid rent
• A default notice (temerrüt ihtarnamesi) served by all heirs or by the representative of the estate (Court of Cassation, 6th Civil Chamber, 2010, E. 2010/1716, K. 2010/6545)
• If there is a dispute among the heirs, the decision appointing an estate representative to conduct the litigation

4. Notice Terminating Usufruct Consent (İntifadan Men İhtarnamesi) for Occupation Cases

To claim ecrimisil (compensation for unauthorized use), it must be proven that consent to use the property has been terminated against the occupant.

• A notice terminating usufruct consent served through a notary (Court of Cassation, 7th Civil Chamber, 2024, E. 2023/2782, K. 2024/3211)
• The service record showing that the notice reached the addressee (Court of Cassation, 1st Civil Chamber, 2016, E. 2014/15963, K. 2016/4042)

5. Action for Prevention of Encroachment and Ecrimisil

• Current land registry records and cadastral minutes
• The certificate of inheritance (veraset ilamı) and the decedent's death certificate
• Witness statements and electricity/water subscription records proving the existence and duration of the occupation (Court of Cassation, 7th Civil Chamber, 2025, E. 2024/2988, K. 2025/1337)
• An expert report determining the market rental value (Court of Cassation, 7th Civil Chamber, 2024, E. 2023/168, K. 2024/1173)

6. Obtaining the Certificate of Inheritance

Following correction of the civil registry, for determination of the legal heirs and their shares:

• The corrected, updated detailed civil registry record
• The decedent's death certificate
• The certificate of inheritance to be obtained from a notary or the Civil Court of Peace (Court of Cassation, 7th Civil Chamber, 2024, E. 2023/3335, K. 2024/3128)

7. Transfer of the Estate to the Heirs (Land Registry Registration)

• The finalized certificate of inheritance
• The title deeds or records underlying the transfer transactions
• The inheritance and transfer tax clearance certificate to be obtained from the tax office

Points to Watch

• Pay attention to the order. The certificate of inheritance cannot be obtained until civil registry correction and death registration are completed; and land registry transfer and eviction/ecrimisil processes cannot be conducted without the certificate of inheritance.
• Do not overlook the need for an estate representative. If there is a dispute among the heirs, requesting the appointment of an estate representative by the court, rather than pursuing the actions individually, speeds up the process.
• Pay attention to the procedure for the notice. Sending the notice terminating usufruct consent through a notary and documenting that it was served are essential for the acceptance of the ecrimisil claim.
• Take expert reports seriously. Determination of the ecrimisil amount must be based on an expert examination establishing the market rental value of the property.
• Additional documents may be needed for records with a foreign element. If the decedent or one of the heirs has a connection abroad, documents obtained from the authorities of the relevant country and duly certified (apostille, translation) must be included in the process.

Conclusion: What Should You Do?

In an inheritance file with a connection abroad or civil registry issues, proceeding in the correct order without haste is the most important strategy:

• First resolve the inconsistencies in the civil registry records through an action.
• Then clarify the registration of death and the certificate of inheritance.
• Initiate the legal steps against third parties relating to the real property within the estate (tenant, occupant) — notice, eviction, ecrimisil — separately and in accordance with proper procedure.
• List and fully prepare the documents required for each stage with an attorney in advance; this prevents unnecessary delay in the proceedings.
• Given the complexity of the process, obtaining support from a law firm experienced in inheritance law and, where necessary, foreigners' law, is of great importance.