Article 20 MÖHUK – Inheritance Law in Turkey

Article 20 of the Turkish Code on Private International Law and International Civil Procedure, Law No. 5718 (MÖHUK), decides which law Turkish courts apply to an inheritance (miras) with a foreign element. The basic rule is short: succession is governed by the deceased's national law, but Turkish law always applies to immovable property in Turkey. If a relative has died in Germany or the Netherlands and you need to deal with their flat, land or bank account in Turkey, this is the first provision you will meet.

Article 20 MÖHUK – text

Unofficial translation:

Succession
Article 20 – (1) Succession is governed by the national law of the deceased. Turkish law applies to immovable property located in Turkey.
(2) Provisions on the grounds for the opening of the succession, its acquisition and its division are governed by the law of the country where the estate is located.
(3) An estate in Turkey without heirs passes to the State.
(4) Article 7 applies to the form of dispositions mortis causa. Dispositions mortis causa made in a form complying with the national law of the deceased are also valid.
(5) Capacity to make a disposition mortis causa is governed by the national law of the testator at the time the disposition is made.

Turkish original:

Miras
MADDE 20 – (1) Miras ölenin millî hukukuna tâbidir. Türkiye'de bulunan taşınmazlar hakkında Türk hukuku uygulanır.
(2) Mirasın açılması sebeplerine, iktisabına ve taksimine ilişkin hükümler terekenin bulunduğu ülke hukukuna tâbidir.
(3) Türkiye'de bulunan mirasçısız tereke Devlete kalır.
(4) Ölüme bağlı tasarrufun şekline 7 nci madde hükmü uygulanır. Ölenin millî hukukuna uygun şekilde yapılan ölüme bağlı tasarruflar da geçerlidir.
(5) Ölüme bağlı tasarruf ehliyeti, tasarrufta bulunanın, tasarrufun yapıldığı andaki millî hukukuna tâbidir.

The current text on mevzuat.gov.tr carries no amendment note for this article (as of November 2026).

Legislative reasoning

According to the official reasoning, the article partly corresponds to Article 22 of the former Law No. 2675. One word was added to paragraph 2: the exception now covers only the "grounds" for the opening of the succession. The reasoning explains why: the Turkish Civil Code deals with matters such as the inheritance rights of an unborn child and unworthiness to inherit in its chapter on the opening of the succession, so the exception could have been read too widely. Who inherits and who has capacity to inherit belong to the main rule in paragraph 1. The article does not refer expressly to the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions; the reasoning considers Article 1(2) MÖHUK, which preserves treaties to which Turkey is a party, sufficient. (Source: reasoning of the Grand National Assembly, reproduced on the Turkish article page.)

Explanation

The rule can split an estate in two. Immovable property in Turkey is always governed by Turkish law; everything else (a bank account or car in Turkey, savings in Germany) follows the law of the state of which the deceased was a national. If the deceased was a Turkish citizen, both parts come back together under Turkish law before a Turkish court.

Nationality at the time of death is what counts. If the deceased held both Turkish and German citizenship, Turkish law applies (Article 4(1)(b) MÖHUK; see Article 4 MÖHUK). If a person gave up Turkish citizenship with permission and died as a German or Dutch national only, Turkish law applies to their immovable property in Turkey and their foreign national law to the rest.

The applicable law decides who the heirs are, the size of their shares and the reserved portions (saklı pay). Under Turkish law the descendants are first-order heirs and children inherit equally (Article 495 Turkish Civil Code). Paragraph 2 leaves three matters to the law of the place where the estate is located: the grounds for the opening of the succession, its acquisition and its division. Under Turkish law the succession opens on death (Article 575 Civil Code), the heirs acquire the estate as a whole by operation of law at the moment of death (Article 599) and hold it jointly until division (Article 640). These rules apply to assets in Turkey.

An estate in Turkey with no heirs passes to the State (Article 20(3)); Article 501 of the Civil Code says the same for Turkish law.

For the form of a will, the article refers to Article 7 MÖHUK. A will is formally valid if it complies with the law of the place where it was made or with the law governing the succession; a will in the form of the deceased's national law is valid too (see Article 7 MÖHUK). Capacity to make a will follows the national law at the time the will was made; a later change of nationality does not affect it.

How far the terms "acquisition" and "division" in paragraph 2 reach, and where they end and the main rule in paragraph 1 begins, is disputed among Turkish legal scholars. The reasoning only says that the exception for the grounds of opening is meant to be narrow; the law contains no detailed rule for the other two terms. Where the line falls in a given case is for the court to decide.

Practical points for people living abroad

Property in Turkey: always Turkish law. Whatever the nationality of the deceased, Turkish law decides who receives immovable property in Turkey and in what shares. On inheritance, ownership passes before registration, but heirs can only dispose of the property once they are registered in the land register (tapu) (Article 705(2) Civil Code). In most cases this starts with a Turkish certificate of inheritance (see Certificate of inheritance in Turkey).

A will made in Germany or the Netherlands. A will made in Germany in the form required there can be formally valid in Turkey (Articles 7 and 20(4) MÖHUK). Its content is a separate question: for immovable property in Turkey, reserved portions are calculated under Turkish law.

Two countries, two outcomes. Turkish courts apply MÖHUK; German and Dutch authorities apply their own private international law rules. The same estate may therefore be governed by different laws in each country. Treaties between Turkey and these states remain reserved (Article 1(2) MÖHUK). For assets and procedures in Germany or the Netherlands, please consult a lawyer or notary qualified there.

Which court? Inheritance cases are heard by the court of the deceased's last domicile in Turkey or, if the last domicile was not in Turkey, by the court where the estate assets are located (Article 43 MÖHUK). On renouncing an inheritance see Renouncing an inheritance in Turkey; other topics are under Inheritance law.

Frequently asked questions

Which law applies when a Turkish citizen dies in Germany?

Before a Turkish court, Turkish law, because succession follows the deceased's national law (Article 20(1) MÖHUK). This is the same if the deceased was also a German citizen (Article 4(1)(b) MÖHUK).

Which law applies to the Turkish property of a Blue Card holder?

Turkish law always applies to immovable property in Turkey (Article 20(1), second sentence, MÖHUK). The rest of the estate follows the deceased's foreign national law.

Is a will written in Germany valid in Turkey?

As to form, yes, if it complies with the law of the place where it was made, the law governing the succession or the deceased's national law (Articles 7 and 20(4) MÖHUK). Its content, especially the reserved portions, must be checked separately.

Sources

Questions about your case

If you would like to have your own situation assessed, for example which law applies to the Turkish property and other assets of a relative who died abroad, or how a will made outside Turkey will be treated there, you can choose a date for a video, telephone or in-person meeting in Düsseldorf on the appointment page. You can also send your question in writing through the contact form. Consultations are held in Turkish and cover only the Turkish-law side; for German or Dutch inheritance law, please consult a lawyer or notary qualified in that country. It helps to have:

the death certificate and details of the deceased's nationality at the time of death,
land register (tapu) details of the property in Turkey,
any will and any certificate of inheritance issued abroad.