This guide explains what the 1929 Turkish-German estate annex decides, why an Erbschein can prove heirship to a bank account but does not by itself move a title deed, where the Turkish certificate of inheritance comes from, how dual citizens and Blue Card holders stand, and how the three-month renunciation period runs.
As an heir living in Germany, you inherit a house or flat in Türkiye under Turkish law, and you register it at the Turkish land registry with a certificate of inheritance issued or confirmed by a Turkish court; a German Erbschein does not do that on its own. The estate annex to the 1929 Turkish-German Consular Convention sends succession to immovable property to the law of the state where it lies (paragraph 14(2)), and MÖHUK Article 20(1) applies Turkish law to immovables in Türkiye. For foreign heirs, Land Registry Law Article 37 asks for a Turkish court certificate or a foreign one confirmed by a Turkish court. The same annex makes the Erbschein of a German national enough in Türkiye for the movable estate, such as a bank account (paragraph 17).
Two sisters, one in Cologne and one in Bonn, learn that their German mother’s flat in Alanya and her account at a Turkish bank are now theirs. In Stuttgart, a family sorts the papers of a father who held Turkish citizenship all his life and owned a house in Kayseri; one child holds both passports, the other gave up Turkish citizenship years ago. In Munich, a retired teacher writes a will by hand leaving her flat in Bodrum to her nephew.
In Germany, the estate court (Nachlassgericht) issues the Erbschein, a certificate of the heir’s right of succession and, where the heir takes only part of the estate, of the size of that share (BGB § 2353). The Turkish land registry works from a different document, and a 1929 treaty between the two states adds rules of its own.
How do heirs in Germany inherit property in Turkey?
The file runs in three steps. First, obtain the Turkish certificate of inheritance (mirasçılık belgesi): heirs with German citizenship only apply to a civil court of peace (sulh hukuk mahkemesi), because a notary may not issue the certificate when foreigners request it (Notaries Act, Law No. 1512, Article 71/B). Second, file the certificate with the land registry office where the property is recorded, and the inheritance transfer (intikal) is made on it (Land Registry Law, Law No. 2644, Article 37). Third, if the estate may carry debts, decide on renunciation within three months (Turkish Civil Code, TMK, Article 606).
If the inheritance is not registered within two years of the death, the land registry office may itself apply to court for a certificate and register the heirs as joint owners (Land Registry Law, Additional Article 1).
The 1929 estate annex: whose death it covers
On 28 May 1929 Türkiye and Germany signed a consular convention in Ankara. Türkiye approved it, with its annex, by Law No. 1634, published in the Official Gazette of 8 June 1930 (No. 1514). Article 20 gives each state’s consuls powers over the estate their nationals leave in the other state, and the annex to Article 20 sets out the rules. Article 30 made the convention valid for five years and then lets it continue until one year after either party denounces it. According to the German Federal Foreign Office, the convention remains valid for the Federal Republic of Germany and the Republic of Türkiye (German missions in Türkiye, inheritance matters). MÖHUK (Law No. 5718 on Private International and Procedural Law) Article 1(2) keeps the provisions of treaties to which Türkiye is a party.
The annex starts from the death of a national of one state in the territory of the other (paragraph 1). Paragraph 18 extends paragraphs 1 to 17, by analogy, to movable and immovable property in one state belonging to a national of the other who died outside that state. In practical terms:
- a German national who leaves property in Türkiye falls under the annex, whether the death occurred in Türkiye or in Germany;
- a Turkish national who leaves property in Germany falls under it for that German property;
- a Turkish national’s property in Türkiye is not “in the other state”, so the annex has nothing to add for the Kayseri house.
The key paragraphs:
| Paragraph | What the annex says |
|---|---|
| 12(3) | Whether an item belongs to the movable or the immovable estate is decided by the law of the state where the estate is located |
| 14(1) | Succession to movables follows the law of the state of which the deceased was a national at death |
| 14(2) | Succession to immovables follows the law of the state where they lie, as if the deceased had been its national at death |
| 15 | Actions on heirship, recovery of the estate, appointment of heirs, wills and reserved shares go to the courts of the deceased’s state for movables and of the state where the property lies for immovables; the other state recognises these decisions |
| 16 | A will is valid as to form if made under the law of the place where it was made or of the testator’s nationality when it was made; the same applies to revoking and annulling it |
| 17 | A document on the rights of succession, in particular the rights of heirs or of the executor of the will, issued under its law by a competent authority of the deceased’s state, is enough in the other state to prove those rights for the movable estate; certification by that state’s consul or diplomatic representative is enough to establish its validity |
Which law governs: the house in Türkiye and the savings elsewhere
For land, the annex and Turkish domestic law point the same way. MÖHUK Article 20(1) refers succession to the deceased’s national law, then provides that Turkish law applies to immovables located in Türkiye.
For the Alanya flat this means Turkish law decides who inherits and in what fractions, even though the mother was German. With no will, her children inherit as first-degree heirs and share equally (TMK Article 495). The Erbschein she would have in Germany is issued on the German side; the shares that count for the flat are the Turkish ones under paragraph 14(2).
Her Turkish bank account is different. It is movable property, and paragraph 14(1) sends it to the law of her nationality, German law. A Turkish judge applies that foreign law of the court’s own motion and falls back on Turkish law only where its content cannot be established after every inquiry (MÖHUK Article 2(1) and (2)); a foreign rule manifestly contrary to Turkish public order is not applied (Article 5).
For the Stuttgart father, a Turkish citizen, MÖHUK Article 20(1) leads to Turkish law for the Kayseri house twice over.
Why the Erbschein works for a bank account but not for the title deed
When the deceased was a German national, paragraph 17 makes an Erbschein issued under German law by a competent German authority enough in Türkiye to prove the heirs’ rights to the movable estate, and certification by a German consul or diplomatic representative is enough to establish its validity. The German Federal Foreign Office states that the Erbschein is to be certified by a German mission in Türkiye for use here and that an apostille is sometimes accepted instead; heirs are also free to check first with a Turkish bank whether it will accept a Turkish certificate. The rule speaks only of the movable estate.
For the flat, Turkish procedure takes over. Under Land Registry Law Article 37, inheritance transfers for foreign natural persons are made on a certificate of inheritance (veraset senedi) issued by a court of the Republic of Türkiye, or on one issued by their own competent authority that a Turkish court has confirmed as consistent with the Turkish provisions on inheritance procedure. The heirs acquire the estate by force of law at the death (TMK Article 599(1)), but they can dispose of the land only once their ownership is registered (TMK Article 705(2)).
| Question | German Erbschein | Turkish certificate of inheritance |
|---|---|---|
| Who issues it | The Nachlassgericht (BGB § 2353) | A civil court of peace, or a notary where Article 71/B allows (TMK Article 598(1)) |
| Movables in Türkiye of a German national | Enough to prove heirship, with certification by a German consul or diplomatic representative (annex, paragraph 17) | Also usable |
| House or flat in Türkiye | Not enough by itself; usable only once a Turkish court confirms it under Land Registry Law Article 37 | The document the land registry acts on (Article 37) |
| Law that sets the shares for land in Türkiye | Turkish law (annex 14(2); MÖHUK 20(1)) | Turkish law |
Whether a particular Erbschein can be confirmed under Article 37 is for the Turkish court. Because paragraph 14(2) sends the flat to Turkish law, the certificate the registry acts on is expected to show the heirs and shares Turkish law produces, so many families apply directly for a Turkish certificate.
German records count as official documents before a Turkish court once certified by the competent German authority or a Turkish consulate, with treaty rules kept (HMK, Law No. 6100, Article 224). The Apostille Convention has been in force for Germany since 13 February 1966 and for Türkiye since 29 September 1985. A document in a foreign language is filed with a translation (HMK Article 223).
The Turkish certificate of inheritance: court or notary
TMK Article 598 provides two kinds of certificate. Heirs by law, once their status is established on application, receive a certificate from a civil court of peace or a notary (paragraph 1). Heirs appointed by will and legatees receive theirs from the civil court of peace only, and only if the heirs or other legatees have not objected within one month of being notified of the disposition (paragraph 2). The invalidity of a certificate can be raised at any time, and the right to sue to annul the will is unaffected (paragraphs 3 and 4).
The notary route has three statutory bars. Under Notaries Act Article 71/B, notaries may not issue the certificate where issuing it calls for adjudication, where the civil registry records are not sufficient for issuing it, or where foreigners request it. A notarial certificate can be challenged before the civil court of peace by anyone whose interests it harms (Article 71/C).
Applied to the three families:
- the Cologne and Bonn sisters hold German citizenship only, so the civil court of peace is their route;
- in the Stuttgart family, the child who also holds Turkish citizenship may be able to use a notary if every heir appears fully in the Turkish civil registry and nothing calls for adjudication; the moment the records fall short, the court takes the case;
- the Munich nephew takes under a will, and Article 598(2) reserves his certificate to the civil court of peace.
A child born in Germany, or a German marriage or divorce that never reached the Turkish register, leaves the records unable to show the heirs. Recognition of a German divorce is covered in recognition of a German divorce in Türkiye.
Dual citizens and Blue Card holders
A Turkish-German dual national is a Turkish citizen in Turkish law. Where the applicable law is determined by nationality and the person also holds Turkish citizenship, MÖHUK Article 4(1)(b) applies Turkish law. The Turkish Citizenship Law (Law No. 5901) defines a foreigner as a person with no citizenship bond to the Turkish state (Article 3(1)(d)), and its Article 44 has the civil registry note multiple citizenship once the documents on the foreign citizenship are filed.
For the land, dual nationality changes nothing; it can matter for movables and for the notary route. The annex has no rule of its own for a deceased who held both nationalities.
Under Article 28 of Law No. 5901, people who were Turkish by birth and gave up Turkish citizenship with permission, together with their descendants to the third degree, keep the rights Turkish citizens enjoy, apart from the listed exceptions and subject to rules on national security and public order. The exceptions are voting and standing for election, duty-free import of vehicles or household goods, military service (Article 28(2)) and core permanent public-service posts (Article 28(3)). A Blue Card (Mavi Kart) is issued on request (Article 28(6)).
Acquiring land is not among the exceptions. Land Registry Law Article 36 expressly names Article 28 persons in its rule on companies; Article 35 is silent about them. A Blue Card heir should therefore have the registry’s approach confirmed for the transfer at hand.
German heirs and Article 35 of the Land Registry Law
Acquisition of land by foreign individuals is governed by Article 35 of the Land Registry Law.
| Paragraph | What the text says | Point for a German heir |
|---|---|---|
| First | Subject to legal restrictions, foreign natural persons who are nationals of countries determined by the President may acquire immovables and limited real rights | Whether German nationals fall within the determination is confirmed for the file |
| First | The total area of immovables and independent and permanent limited real rights acquired by foreign natural persons may not exceed 10% of the district’s privately owned area, nor 30 hectares per person nationwide; the President may raise the per-person figure up to twice that amount | The 10% ceiling counts all foreign natural persons in the district together; the 30 hectares is per person |
| Last | Immovables and limited real rights acquired by inheritance outside the first paragraph’s restrictions are liquidated and the price paid to the right holder, unless the owner liquidates them within a period of up to one year set by the Ministry of Finance | The text provides for liquidation, not nullity |
The opening step is to confirm with the land registry that each foreign heir’s acquisition sits within the first paragraph.
Wills made in Germany
On the form of a will, two sets of rules apply between Germany and Türkiye. Paragraph 16 of the annex treats a will as formally valid if it was made under the law of the country where it was made, or under the law of the testator’s nationality at the time it was made, and applies the same rule to revocation and annulment.
The 1961 Hague Convention on the form of testamentary dispositions has applied in Germany since 1 January 1966 and in Türkiye since 22 October 1983. Its Article 1 accepts a will as formally valid if it complies with the internal law of the place where it was made, of a nationality, domicile or habitual residence of the testator when making it or at death, or, for immovables, of the place where they lie. MÖHUK Article 20(4) also upholds wills made in the form of the deceased’s national law.
The Munich teacher’s handwritten will is therefore measured on form against German law. Form is all these rules decide. Capacity to make the will follows the testator’s national law at the time it was made (MÖHUK Article 20(5)), and what the will can do with the Bodrum flat is a question of Turkish law (annex 14(2); MÖHUK 20(1)).
Under TMK Article 595, a will found after a death must be delivered at once to the civil judge of peace, whether or not it appears valid, and the judge takes the necessary protective measures. The nephew’s certificate then comes under Article 598(2). If the will leaves him only the flat, he is a legatee with a personal claim against the will executor or the heirs, and may sue for the transfer (TMK Article 600(1) and (3)).
Renouncing a Turkish inheritance from Germany
Heirs become personally liable for the deceased’s debts (TMK Article 599(2)), so where an estate may owe more than it is worth, renunciation (mirasın reddi) comes first.
| Question | Rule | TMK |
|---|---|---|
| Who can renounce | Heirs by law and heirs appointed by will | 605(1) |
| Deadline | Three months: for heirs by law from learning of the death, unless they show they learned of being heirs only later; for appointed heirs from official notification of the will | 606 |
| After a protective inventory | The period starts when the civil judge of peace notifies the heirs that the inventory is complete | 607 |
| Form | Oral or written declaration to the civil court of peace, with no conditions attached | 609 |
| Losing the right | Letting the period pass means unconditional acquisition; dealing with the estate beyond ordinary administration, or hiding or taking estate assets, bars renunciation | 610 |
| Extension | For important reasons the civil judge of peace may extend the period or grant a new one | 615 |
Article 606 sets no separate period for heirs abroad: three months in Cologne are three months in Alanya. The declaration can be filed through a Turkish lawyer, and the power of attorney should state that it covers renouncing the inheritance.
Heirs in two countries: holding, dividing or selling
Several heirs form a community until division: they hold the estate jointly and dispose of its rights together (TMK Article 640(1) and (2)). At one heir’s request the civil court of peace may appoint a representative of the community until division (Article 640(3)), which helps when heirs live in two countries.
An heir may also ask the civil judge of peace to convert joint ownership of estate assets into shared ownership (paylı mülkiyet). The judge invites the other heirs to object within a set period; if no objection justifying the joint ownership is raised, or no heir files a division action within the period, the conversion is ordered (TMK Article 644).
From Germany to the tapu office, step by step
- Collect the German papers: death, birth and marriage certificates, any divorce decision, the Erbschein and the will, with apostilles and Turkish translations (HMK Articles 223 and 224).
- Sign the power of attorney: at a Turkish consulate in Germany, where consuls carry out notarial work (Notaries Act Article 191), or before a German notary with an apostille. The routes are compared in power of attorney and apostille from Germany for Türkiye. Where the property might be sold, name the transfer of immovables expressly (Code of Obligations, Law No. 6098, Article 504(3)).
- Deliver any will to a civil judge of peace (TMK Article 595).
- Obtain the certificate of inheritance from the civil court of peace, or from a notary only where Notaries Act Article 71/B and TMK Article 598(2) do not rule it out.
- Keep the three-month renunciation period in view while papers are gathered (TMK Articles 606 and 607).
- Register the transfer at the land registry office on the certificate (Land Registry Law Article 37), after confirming the position under Article 35.
- Decide between keeping, dividing and selling under the community of heirs rules.
Working on a Turkish inheritance file with Lex Lata from Germany
Lex Lata advises families living in Germany on Turkish inheritance and land registry files, in English or Turkish. A file starts with a review of the family tree, each person’s nationality and the German papers. We draft the power of attorney, and in Türkiye we take any will to the civil judge of peace, apply for the certificate of inheritance, file any renunciation and register the transfer. Lex Lata advises on Turkish law only; the Erbschein application and German law questions stay with a Notar or Rechtsanwalt in Germany.
Other Turkish legal matters for people in Germany are set out in our guide for clients in Germany, and recognition of German court decisions in enforcing a German court judgment in Türkiye. To discuss a file, use our contact page.
