Dutch citizens and residents who acquire property in Türkiye rarely think about what happens to that asset after they are gone. Yet cross-border succession is one of the most consequential issues a foreign property owner in Türkiye will face, and it is governed by rules that differ sharply from the Dutch system many investors assume will apply.
Which law actually governs the inheritance
Under Turkish private international law, immovable property located in Türkiye is generally subject to Turkish inheritance law, regardless of the deceased owner's nationality or domicile. This is the lex rei sitae principle: the law of the place where the property sits controls its succession. The Netherlands, by contrast, generally applies the EU Succession Regulation (Brussels IV), which allows a testator to elect the law of their habitual residence or nationality to govern their entire estate. Turkish courts are not bound by that regulation, since Türkiye is not an EU member state and has not adopted Brussels IV. In practice, this means a Dutch will that neatly assigns a testator's worldwide estate to Dutch law may simply not be honored for the Turkish real estate component. The property will typically pass according to Turkish forced heirship rules unless a separate, Türkiye-compliant testamentary instrument addresses it directly.
Forced heirship and its practical effect
Turkish inheritance law reserves a mandatory share for close family members, specifically children, spouse, and in their absence parents. A foreign owner cannot freely will Turkish real estate to a third party or a single heir if doing so infringes on the reserved shares of statutory heirs. This surprises many Dutch owners who are used to greater testamentary freedom at home. Buyers structuring a purchase for family succession planning purposes should map out, at the point of acquisition, how the reserved-share rules would apply to their specific family composition, rather than discovering this after a death has occurred.
The probate process itself
When a foreign national who owned Turkish property dies, heirs must obtain a certificate of inheritance, known as a veraset ilamı, either from a Turkish civil court (Sulh Hukuk Mahkemesi) or, in some circumstances, from a notary. Foreign heirs generally need to work through a Turkish civil court, since notaries are typically limited to cases involving Turkish citizens. The court will require an official inheritance document from the deceased's home country, in this case a Dutch verklaring van erfrecht or equivalent, translated and apostilled, along with identity documents for all heirs. This process routinely takes several months and longer where heirs are scattered across multiple countries or where the estate documentation from the Netherlands is incomplete.
Reciprocity : a further layer applies to foreign heirs seeking to register inherited Turkish real estate in the land registry. Türkiye applies a reciprocity principle for foreign nationals acquiring property, including through inheritance, and the Land Registry authority verifies that Dutch nationals face no equivalent barrier to inheriting property in the Netherlands. Dutch nationals generally clear this test without difficulty, but it remains a formal checkpoint that can add processing time if documentation is incomplete.
Power of attorney and remote administration
Because probate proceedings require in-person appearances or notarized powers of attorney for most filings, Dutch heirs living abroad should expect to grant a Turkish power of attorney, executed at a Turkish consulate in the Netherlands or apostilled locally, to a lawyer or trusted representative in Türkiye. This single step is frequently the largest source of delay, since consular appointment availability and document formatting requirements vary and errors trigger resubmission.
Practical steps for current owners
Owners of Turkish property should consider three concrete actions well before succession becomes an issue. First, obtain a clear opinion on how Turkish forced heirship rules would apply to their specific estate given their family structure. Second, consider whether a Turkish-law will, executed before a Turkish notary and covering the Turkish property specifically, would reduce ambiguity for heirs compared with relying solely on a Dutch will. Third, keep property records, tapu (title deed) documentation, and tax numbers organized and accessible to a named representative in Türkiye, since disorganized records are the most common cause of extended probate timelines.
Cross-border succession planning is not a one-time transaction. Reviewing the structure periodically, particularly after a change in family circumstances or Turkish regulatory updates, keeps the plan aligned with both jurisdictions and reduces the burden on heirs at an already difficult time.