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Countries · Türkiye

For Iranians in Türkiye the split is clear: Turkish land follows Turkish law — almost everything else follows Iran.

Turkish private international law submits succession to the national law of the deceased and carves out only immovable property located in Türkiye. For the many Iranian families and businesses with real estate and companies there, that means two legal systems in one estate — plannable, if known in advance.

This page describes the interface between Iranian and Turkish law. It is not legal advice; Turkish law is run by avukat admitted there.

Succession

The split of the estate Turkish law

Residence permits and ikamet change nothing here — what counts is the deceased’s nationality and where the assets sit.

Movables and accounts in TürkiyeThe deceased’s national law — for Iranians: Iranian succession law, whose content must be proved before the Turkish court.
Land and apartments in TürkiyeTurkish succession law, with the Turkish procedure via the certificate of inheritance (mirasçılık belgesi) and the land register (tapu).
Assets in IranIranian procedure: determination of heirs, tax clearance, transfer of title — through colleagues on the ground.
What comes from me. Proof of the Iranian succession for the Turkish proceedings — in writing, with the provisions in the original and in translation — and the complete Iranian documentary chain; the Turkish lead sits with the avukat.

Family and companies

The provision behind it Turkish law

The split follows Art. 20 MÖHUK of Turkish PIL Act no. 5718: succession is governed by the deceased’s national law, while Turkish law applies to immovables located in Türkiye. Paragraph 2 carves out the opening, acquisition and division of the estate and submits them to the law of the place where the estate is situated; paragraph 3 assigns a heirless estate in Türkiye to the State. Paragraph 4 recognises testamentary dispositions made in the form of the national law.

The practical consequence many miss: foreigners cannot obtain the certificate of inheritance from a notary. Under the Turkish Notaries Act, notaries may not issue a mirasçılık belgesi to foreigners; the route runs through the civil court of peace (sulh hukuk mahkemesi). And Art. 43 MÖHUK fixes the venue: the deceased’s last residence in Türkiye, failing that the place where the estate assets are located. Going to a notary instead costs weeks.

Personal status, mahr, companies Both

In Turkish family proceedings of Iranian spouses, too, the home law is regularly reached for — validity of marriage and divorce, mahr, children’s matters — and again the content is a matter of proof. The same pattern holds for the many Iranian-held companies: shareholder standing and signing authority from the Iranian registers and gazette, prepared for the Turkish side. Recognition of Iranian judgments in Türkiye (tanıma/tenfiz) is run by the avukat; my layer is the Iranian judgment itself and its documentary position.

Documents and banking

Short routes, the same rule Both

Between Iran and Türkiye the consular routes are short and well-worn; Iran is nonetheless not a party to the Apostille Convention, so Iranian documents need the legalisation chain and the Turkish translation. Before Turkish banks the same rule as everywhere applies to Iran-connected assets: what counts is the registered document behind the money. That layer comes from me; the Turkish regulatory assessment sits with advisers there.

Limit. No sanctions determinations, no funds through me, no matters with listed parties.

Enquiries concerning Türkiye

Outline the matter briefly by email and state what is to be achieved. You will receive an indication of which part falls to be settled under Iranian law and which part needs an avukat admitted in Türkiye. Please do not send confidential documents in a first message.

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