Inheritance Law

Inheritance law governs to whom, and in what proportions, a person's assets pass upon their death. Our firm conducts litigation at every stage of the process, from obtaining the certificate of inheritance (mirasçılık belgesi) to the division of the estate (tereke), and prepares wills and estate partition agreements.

Disputes relating to the marital union, such as divorce, maintenance and custody, are dealt with on our Family Law page.

How does the inheritance process work?

• Certificate of inheritance. Statutory heirs may obtain the certificate from a notary; where the inheritance relationship involves a foreign element or the records are insufficient, the certificate is requested from the civil court of peace.
• Determination of the estate. The assets and debts of the deceased are identified; where necessary, a determination of the estate and the drawing up of an inventory are requested.
• Renunciation of inheritance (mirasın reddi). The time limit is three months; it runs, for statutory heirs, from the date on which they learned of the death of the deceased; for those who prove that they learned only later that they were heirs, from the date on which they learned this; and for heirs appointed by will, from the date on which the disposition of the deceased was officially notified to them (art. 606 of the Turkish Civil Code (TMK)). The declaration of renunciation is made to the civil court of peace.
• Reserved share (saklı pay) and abatement (tenkis). If gratuitous dispositions made by the deceased during their lifetime infringe the reserved share, an abatement action is brought.
• Division. The heirs may conclude an estate partition agreement by mutual agreement; if no agreement can be reached, an action for the division of the estate or for the partition of co-owned property (ortaklığın giderilmesi) is brought.

Who are the statutory heirs and how is the estate divided?

If there is no will, the estate is divided according to the system of classes of heirs (zümre) under the TMK. If there are heirs in a closer class, the subsequent classes cannot inherit.

• First class. The descendants of the deceased, that is, their children and their children's children (TMK art. 495).
• Second class. If there are no descendants, the estate passes to the mother and father and, if they have died, to their descendants (TMK art. 496).
• Third class. The grandparents and their descendants (TMK art. 497).
• Surviving spouse. The spouse receives one quarter of the estate when inheriting together with descendants, one half together with the parents' class and three quarters together with the grandparents' class; if none of these exist, the entire estate goes to the spouse (TMK art. 499).

What is the reserved share, and when is an abatement action brought?

The deceased may freely dispose of part of their assets by will or by gift; however, the law provides for certain heirs a reserved share that cannot be touched (TMK art. 506).

• Descendants: half of the statutory share of inheritance
• Each parent: one quarter of the statutory share of inheritance
• Surviving spouse: the whole of the statutory share of inheritance when inheriting together with descendants or with the parents' class, and three quarters in other cases

An heir whose reserved share has been infringed may bring an abatement action. The action must be brought within one year of the date on which the heir learned that the reserved share had been infringed and, in any event, within ten years of the date on which the will was opened in the case of wills, or of the opening of the succession in the case of other dispositions (TMK art. 571). For details, see our article Abatement action: reserved shares and the one-year time limit (in Turkish).

Where the deceased presented an immovable property that was in reality donated as a sale at the land registry, however, this is the subject of an action for cancellation of title based on a sham transfer by the deceased to disinherit heirs (muris muvazaası), which is a remedy separate from abatement; for this action, see our Real Estate and Tenancy Law page.

How is a will made, and in which cases is it annulled?

The law provides for three types of will, and each has different formal requirements. Failure to comply with the formal requirements is one of the grounds for the annulment of a will.

• Official will. It is drawn up before a notary or a judge of the peace, with two witnesses (TMK art. 532).
• Handwritten will. It is written from beginning to end in the testator's own handwriting and bears a date and signature (TMK art. 538).
• Oral will. It may be made before two witnesses in extraordinary circumstances such as imminent danger of death, the interruption of transport links, illness or war (TMK art. 539).

The annulment of a will may be sought on grounds such as lack of capacity, mistake, fraud, duress, unlawfulness or immorality, or non-compliance with form. The action must be brought within one year of learning of the ground for annulment and, in any event, within ten years of the opening of the will; against defendants not acting in good faith, this time limit is twenty years (TMK art. 559).

Renunciation of inheritance and the debts of the deceased

As a rule, heirs are personally and jointly and severally liable for the debts of the deceased. For this reason, in the case of an indebted estate, it is important not to miss the three-month time limit for renunciation.

• Deemed renunciation (hükmen ret). If the insolvency of the deceased was evident or had been officially established at the date of death, the inheritance is deemed to have been renounced (TMK art. 605/2). Even in this case, it is recommended in practice to apply to the court for a determination.
• Intermeddling with the estate. An heir who, during the renunciation period, engages in transactions relating to the estate beyond ordinary administration, or who conceals estate assets or appropriates them, can no longer renounce the inheritance (TMK art. 610).
• Official inventory. If it is unclear whether the estate is over-indebted, the debt position can be clarified by requesting that an official inventory be drawn up.

For details, see our article How is an inheritance renounced? The three-month time limit and its consequences (in Turkish). In addition, where the death occurred in Turkey and the heirs are in Turkey, the heirs are obliged to file an inheritance and transfer tax (veraset ve intikal vergisi) return within four months of the date of death; for the tax aspects, see our Tax Law page.

If the heirs cannot agree, how is an inherited property divided?

If no agreement can be reached among the heirs, any heir may request the partition of the co-owned property. Before an action is brought, it is mandatory to apply to a mediator. If the property cannot be divided in kind, the court orders its sale.

Under Law No. 7589, which entered into force on 31 July 2026, for properties in which all co-owners acquired their shares through inheritance and no third party other than the heirs holds a share, the first auction for the sale is to be held only among the heirs who own the property. This procedure applies only once; if no sale takes place among the heirs, the property is put up for auction under the general procedure. This makes it easier for a family property to remain with one of the heirs.

Inherited agricultural land in Sakarya and Kocaeli

In the rural districts of Sakarya and Kocaeli, properties with a large number of heirs as co-owners are frequently encountered because of agricultural land and orchards that have passed down through generations without being divided. Because agricultural land cannot be divided below a minimum size, partition by sale comes to the fore in these files; the procedure of a first auction among the heirs is particularly important for family land in these regions.

Inherited homes on Istanbul's Anatolian side

In the case of inherited flats in districts such as Kadıköy, Üsküdar and Maltepe, disputes often arise between the heir living in the property and the other heirs over compensation for use (ecrimisil) and the sale. In buildings covered by urban transformation, the heirs' joint decision on the contract to be concluded with the contractor must also be planned separately.

What work do we carry out?

• Handling proceedings for certificates of inheritance, renunciation of inheritance and determination of the estate
• Preparing wills and inheritance contracts; bringing actions for the annulment of wills and abatement actions
• Pursuing actions for cancellation and registration of title based on sham transfers by the deceased
• Preparing estate partition agreements and conducting actions for the partition of co-owned property

Types of cases we handle

• Inheritance disputes: renunciation of inheritance, abatement, annulment of wills, sham transfers by the deceased, actions for recovery of the inheritance
• Estate matters: determination of the estate, annulment of certificates of inheritance, division of the estate and partition of co-owned property

Which authorities handle inheritance matters on Istanbul's Anatolian side, in Kocaeli and in Sakarya?

In inheritance law, the competent authority varies according to the nature of the matter; some matters are heard as actions, some as non-contentious proceedings, and some are completed at a notary's office. As a rule, in inheritance actions the court of the deceased's last domicile has jurisdiction; actions for the partition of co-owned property, however, are brought where the property is located.

• Renunciation of inheritance, determination of the estate, certificates of inheritance and partition of co-owned property before the civil courts of peace
• Abatement actions, actions for the annulment of wills and actions for cancellation of title based on sham transfers by the deceased before the civil courts of first instance
• The issuing of certificates of inheritance and the drawing up of wills at notaries' offices
• The civil courts of peace and civil courts of first instance at the Istanbul Anatolian Courthouse and the Istanbul Courthouse; appeals (istinaf) against their decisions are lodged with the Istanbul Regional Court of Appeal
• The civil courts of peace and civil courts of first instance at the Kocaeli, Gebze and Sakarya courthouses; appeals against these decisions are lodged with the Sakarya Regional Court of Appeal

Related practice areas

• Real Estate and Tenancy Law: land registry and title matters concerning inherited property
• Family Law: matrimonial property regimes and family relations
• Recognition and Enforcement of Foreign Judgments: recognition in Türkiye of court decisions given abroad

To send us information about an inheritance, will or partition of co-owned property matter of yours on Istanbul's Anatolian side, in Kocaeli or in Sakarya, you can use our contact page or make an appointment at our office in Kadıköy.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.