What Is Inheritance Law in Turkey? Inheritance Cases and Succession

Attorney Hüseyin Baran DelilAnkara Bar Association

Last updatedNovember 1, 2026

Reading time16 min

What Is Inheritance Law in Turkey? Inheritance Cases and Succession

Inheritance law in Turkey governs who acquires the assets of a person who has died, in what shares and under which rules, and is mainly regulated in the Turkish Civil Code No. 4721 (TCC). This guide summarizes the main inheritance cases and succession proceedings by subject group and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.

Inheritance cases and succession proceedings are among the most common legal matters in Turkey. This inevitably raises a number of questions: who can be an heir, how a certificate of inheritance is obtained, how large the reserved shares of legal heirs are, how dispositions upon death must be made and which formal requirements they are subject to, under which conditions and how a disposition upon death can be invalidated, which actions are available to those whose rights are violated by a collusive transfer by the decedent, and how children born outside marriage who were not recognized before the death can receive a share of the estate.

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What Is Inheritance Law as a Legal Concept?

The legal personality of a natural person ends upon death, upon a presumption of death or upon a declaration of absence. Ownership rights cannot be attributed to a person who has died. The question therefore arises as to what happens to the assets of a person who has died, or who is deemed to have died. Inheritance law is the branch of law that governs to whom and in what manner, and under which rules, the assets of persons who have died, or about whom a presumption of death or a declaration of absence has been issued, pass. On the death of the decedent, all of their assets form, from the moment of death, a legal whole that we call the estate (tereke) and that is subject to inheritance law. The rights of the heirs over the estate that arise from inheritance law are also deemed to have arisen at the moment of death.

Who Can Be an Heir? How Do I Find Out Whether I Have a Right to Inherit?

We group heirs under two main headings: legal heirs and appointed heirs.

1) Legal heirs: legal heirs are those who are connected to the decedent by blood and to whom inheritance law grants the status of heir. The inheritance rights of legal heirs arise directly from the law; the will of the decedent is therefore not required for their rights. The rights of legal heirs are also protected against dispositions upon death by the decedent to the extent of their reserved shares. The exception to the rule is disinheritance where the conditions set out in the law are met.

Because the parentelic system (zümre sistemi) applies in our legal system, the division and ranking among legal heirs is also determined according to this system. Legal inheritance is in principle established by blood relationship. An adopted child and the descendants of the adopted child are the exception to the parentelic system based on blood relationship. An adopted child and their descendants become legal heirs in the same way as blood relatives. This is, however, one-sided: while the adopted child is a legal heir of the decedent, the adopter cannot be an heir of the adopted child.

There are three groups that determine the shares that legal heirs receive from the estate. If the decedent has a spouse, the spouse has a share in a certain proportion together with each group.

The first group of legal heirs consists of the descendants of the decedent. The children, the adopted child and their descendants fall within this group. The children of the decedent are regarded as the head of the first group. The rights of the decedent's children over the estate are equal. If a child entitled to inherit has died before the decedent, that child's own children take the place of the child who died before the decedent, and the inheritance share of the heir who died before the decedent is distributed among that heir's own children in the same way. If the first group exists, the spouse's share is ¼. The remaining ¾ is distributed equally among the children of the decedent.

The second group of legal heirs consists of the parents of the decedent and their descendants. For the heirs in the second group to have inheritance rights, no one within the first group must be alive. For example, if a single child, grandchild or great-grandchild of the decedent is alive, the legal inheritance rights of the heirs in the second group do not arise. The parents of the decedent stand at the head of the second group, and if there is no heir in the first group, the parents are the first to acquire a right to inherit in the second group. If the mother or the father, or both, have died before the decedent, the shares of the parents at the head of the second group pass equally to their descendants.

For example, if A has no descendants, the inheritance right passes to the second group. If A's mother B is alive and A's father C has died, mother B is entitled to half of the share falling to the second group; the deceased father is represented, at every degree, by his own descendants, and his share is divided equally among them. If there is no heir on that side at all, the entire estate passes to B.

The third group of legal heirs acquires the estate if the decedent has no heir in the first or second group, and consists of the decedent's grandparents and their descendants. The descendants of the heirs in the third group are the decedent's uncles and aunts and their descendants, that is, the cousins.

2) Appointed heirs: appointed heirs are persons who become able to claim rights over the estate, the assets that are the subject of inheritance law, through a disposition upon death made by the decedent. There is no need for a blood relationship between the decedent and the appointed heirs, but the shares of legal heirs can also be increased by a disposition upon death, provided that this does not prejudice the reserved shares of other legal heirs. The inheritance right of appointed heirs arises not directly from the law but from a will or an inheritance contract. Here it is important that the will or the inheritance contract contains all the formal requirements that the law considers necessary; if these requirements are absent, claims concerning the status of appointed heirs will be justified. Persons who are entitled to become appointed heirs subject to all formal and substantive conditions can claim this right from the legal heirs in accordance with the procedure. Appointed heirs also acquire the estate upon the death of the decedent.

How Does the Surviving Spouse Inherit?

If there is no heir in the first, second or third group, the surviving spouse inherits alone.

If there is an heir in the first group, those in the second and third groups cannot receive a share; in this case the spouse shares the estate with the heirs of the first group. The spouse's share is then ¼. The remaining ¾ is distributed equally among the heirs of the first group.

If there is no heir in the first group but there is an heir in the second group, the estate does not pass to the third group even if there is an heir there. In this case the spouse becomes an heir together with those in the second group and the spouse's share is 2/4, that is, ½. The remaining ½ is distributed equally among those in the second group.

If there is no surviving heir in the first or second group and only a third-group heir, the spouse shares the estate with those in the third group, and the spouse's share is then ¾. The remaining ¼ is distributed equally among those in the third group.

How Is the Right to Inherit Proved?

Persons entitled to inherit can obtain a certificate of inheritance from the Magistrates' Court in Civil Matters (Sulh Hukuk Mahkemesi) or from a notary. The certificate of inheritance shows who the heirs are and their shares over the estate. Until the contrary is proved, the person in whose favor the certificate has been issued is an heir. The contrary can be proved through actions such as a claim that a person is unworthy of inheriting or an action for annulment of the certificate of inheritance.

Which Actions and Claims Relate to Inheritance Law in Turkish Practice?

The holders of rights arising from inheritance law can assert these rights according to the requirements of the individual case.

The claims and actions that can be raised in this field are varied. Those frequently seen in practice can be summarized as follows: annulment of the certificate of inheritance, disinheritance, a request for a certificate of inheritance, a claim to a share of the estate, an action for annulment and registration of title based on a collusive transfer by the decedent, determination of the estate, annulment of an inheritance contract, partition through the distribution of the estate, annulment of an estate partition agreement, annulment of a will, performance of a will, a declaration of absence of an heir, and a declaration of absence of the decedent.

What Are the Basic Concepts of Inheritance Law?

Inheritance law uses the concepts of decedent (muris), heir, estate and universal succession. Heirs may be legal or appointed heirs; the right to inherit is acquired upon the death of the decedent, and heirs may renounce the inheritance.

What Does Decedent Mean? Who Is Called the Decedent? (in Turkish)
What Is the Estate, What Does It Mean and Which Assets Fall within It? (in Turkish)
Inheritance Case Attorney's Fees and Court Costs (in Turkish)

How Is a Certificate of Inheritance Obtained and the Estate Determined?

A certificate of inheritance is obtained by applying to a notary or to the Magistrates' Court in Civil Matters; the document shows the heirs and their shares. The estate is determined by filing an action for the determination of the estate, which establishes the assets of the decedent and their rights and receivables held by third parties.

How Are the Distribution of the Estate and the Succession Proceedings Carried Out?

The distribution of the estate is carried out either by the heirs by concluding an estate partition agreement or, if no agreement is reached, by filing an action for the partition of the estate. Succession requires obtaining a certificate of inheritance, determining the estate, paying the taxes due and completing the registration proceedings.

The reserved share is a right granted by law to a limited number of heirs of the decedent; where a disposition violates these reserved shares, an action for reduction (tenkis) arises. Heirs may renounce the inheritance, for example where the estate is insolvent.

What Do a Collusive Transfer by the Decedent and a Contract to Provide Care until Death Mean?

A collusive transfer by the decedent is the transfer of an asset that the decedent in fact intended to donate, presented as if a sale or a contract to provide care until death had been made, to prevent the heirs from receiving their shares. A contract to provide care until death is a contract by which one party undertakes to provide care to the other for the rest of their life and receives certain assets in return.

How Is a Will Made and How Can It Later Be Annulled?

A will is made by choosing one of the types of will provided by law — an official will, a holographic will or an oral will — and by complying with the formal requirements laid down for that type. Later annulment can be sought by the persons concerned by filing an action for annulment of the will where one of the grounds for annulment set out in the law exists.

What Is a Will and How Is It Made? (in Turkish)
Action for the Opening (Reading) of a Will (in Turkish)
Action for Annulment of a Will: Grounds for Annulment and Court of Cassation Decisions (in Turkish)

How Do Joint Ownership in Common and Partition Work in an Inheritance Community?

In an inheritance community, ownership among the heirs is established as joint ownership in common, without determined shares, and each heir's right extends over all of the jointly owned assets. Acts of management and disposal are decided by the unanimous decision of the co-owners unless otherwise provided. If no agreement is reached, a partition action is filed; ownership is ended either by partition in kind or by distribution of the sale price.

When Is an Action for Annulment and Registration of Title Filed in Inheritance Disputes?

An action for annulment and registration of title can be filed where the land registry contains a registration that does not reflect the real legal position, that is, an invalid registration. In inheritance disputes, this action can be based on grounds such as a collusive transfer by the decedent (hiding assets from the estate) or the decedent's legal incapacity.

Action for Annulment and Registration of Title (in Turkish)
Action for Annulment and Registration of Title Due to Abuse of a Power of Attorney (in Turkish)
Action for Annulment and Registration of Title Due to Legal Incapacity (in Turkish)

In connection with inheritance, a declaration of absence is ordered by the court where there is a strong probability of death, and it affects the family and inheritance law interests of the absent person's spouse and other heirs. Guardianship provides for the protection and representation of persons who cannot manage their personal and financial interests, while a matrimonial property contract allows the spouses to choose one of the matrimonial property regimes provided by law.

How Are Structures and Permanent Improvements and a Usufruct Assessed in Estate Immovables?

Structures and permanent improvements (muhdesat) are assessed by determining who created the buildings and planted trees that have become integral parts of the immovable property. A usufruct is a limited right in rem that grants the authority to use and benefit from the immovable property and leaves bare ownership with the owner.

Which Procedural Matters Matter in Inheritance Cases?

Preservation of evidence allows evidence to be obtained for use in actions that are planned or already filed; hiding assets from an estate through a collusive transfer by the decedent is also among the situations in which preservation of evidence can be requested. The parties and witnesses can be heard, a site inspection can be carried out, a court-appointed expert report can be obtained, and evidence can be requested from the relevant persons and institutions.

Is There a Separate Title of Inheritance Lawyer?

No. Inheritance lawyer or succession lawyer are the names used in everyday language for an attorney who handles inheritance matters; they are not a separate title.

A certificate of inheritance, renunciation of an inheritance, reduction, collusive transfer by the decedent and partition can be handled by any attorney registered with a bar association; Article 35 of the Attorneyship Law No. 1136 does not divide this authority by area of law.

In actions for the distribution of the estate, the annulment of dispositions upon death and reduction, Article 11 of the Code of Civil Procedure No. 6100 gives exclusive jurisdiction to the court of the last domicile of the deceased person. If the decedent's last domicile was Ankara, a person searching for an "inheritance lawyer in Ankara" or a "succession lawyer in Ankara" is also looking for an attorney who handles these cases before the courts in Ankara; a rank such as "the best inheritance lawyer in Ankara", however, does not exist in law.

Article 35 of the Attorneyship Law also provides that anyone with capacity to sue may file and pursue their own case. Working with an attorney is not mandatory in most inheritance matters; however, in rights subject to a time limit (for example the renunciation of an inheritance), delay can have irreversible consequences. The answer to the question of "inheritance lawyer fees" is set out in our article Inheritance Case Attorney's Fees and Court Costs (in Turkish).

This article is for general information only and does not constitute legal advice.