Yes, a foreigner can obtain a certificate of inheritance, which is a document showing the heirs of the deceased person in Turkey. In case the certificate of inheritance is requested by foreigners in Turkey, the certificate of inheritance cannot be given by the notaries. For the certificate of inheritance, the civil court of peace where one of the persons domiciled are authorized.
The documents that the inheritors, regardless of whether they are legal or appointed, should have with them for the request for a certificate of inheritance are; petition for certificate of inheritance, death certificate, extract of civil registry.
Notification and Issuing the Death Certificate in Case of Death of a Foreigner in Turkey
The procedures and principles regarding the notification of death of foreigners is regulated as a Circular. In cases of foreign death, notification will be made directly to the Embassy or Consulate General of the relevant country in Turkey.
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First of all, a death certificate should be issued for the deceased foreigner. If the death of foreigners in Turkey is notified to the civil registry, three sample death certificates are issued. If there is a residence permit attached to the death certificates of the deaths of foreign persons transferred to the directorates of census, the residence permit is also sent to the Provincial Security Directorate for which residence permit is granted. One copy of the death certificate is given to the relevant persons, the other copy is placed in the death file of foreigners, and the third copy is sent to the Police Department.
When a foreign citizen dies in the hospital due to natural causes, the death certificate is issued by the doctor in the hospital and delivered to the person concerned. In the event that the death occurs at home due to natural causes, a request for a doctor should be made by applying to the relevant municipality. The doctor appointed by the municipality comes to the place of death and issues the death certificate. In case of death as a result of a judicial event, a death certificate can be issued by the relevant Public Prosecutor's Office. If an operation (autopsy etc.) will be carried out on the body of the deceased foreigner by the Forensic Medicine Institute, the death certificate is issued by the Forensic Medicine Institute.
The Burial or Sending of the Deceased Foreigner in Turkey
There are certain procedures for foreign funeral transfers to be carried out to the country of origin of foreign nationals who passed away in Turkey. In order for the funeral transfer to take place, some documents must be obtained from the Turkish authorities.
The death certificate issued for overseas funeral transfers is notified to the directorate of census by the Community Health Center. The notification must be made within a maximum of ten (10) days from the date of death. While the death is reported to the directorate, the original identity card/residence card/passport of the deceased foreigner is also sent.
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There are three different types of funeral procedures to be applied to the body of the deceased: burial (burial), cremation (cremation) and sending (transfer). There is no separate application for foreigners in terms of the procedures to be carried out by municipalities towards cemeteries in case the deceased foreigner is wanted to be buried in Turkey.
Although there is no legal obstacle to the cremation of a foreign person in Turkey after death, it does not seem technically possible to cremate the foreigner after his death, since there are no incinerators called crematoriums in Turkey.
The municipalities carry out the procedures related to the sending of the deceased, and the deceased can be sent by train, automobile, plane and ship.
Sharing the Inheritance
Requests such as inheritance sharing, heirs, share rates, criticism requests of a foreign person who died in Turkey are subject to the national law of the deceased. Turkish Law applies to real estates in Turkey. Regardless of the citizenship of the deceased, Turkish law is taken as a basis in all procedural transactions regarding the inheritance.
In case the foreigner dies by leaving her assets in Turkey, her own law is applied for personal properties and Turkish law for real estates.