Home Inheritance Law in Türkiye: A Guide
Inheritance Law in Türkiye: A Guide
Legal information and calculation tools on certificates of inheritance, division of estates, wills and inheritance disputes under Turkish law.
Att. Mesut İlme · Published 13 September 2026 · Türkçe
Key Figures at a Glance
| Figure | What it refers to |
|---|---|
| 3 months | Time limit for disclaiming an inheritance |
| 1/2 | Reserved share of the surviving spouse |
| 10 years | Absolute limitation period for an abatement (tenkis) action |
| 3 classes | The class (zümre) system of statutory heirs |
Inheritance Law Topics
Detailed information on the division of an estate, disclaiming an inheritance and inheritance litigation. The guides linked in this section are in Turkish.
Division of the Estate and Inheritance Disputes
Statutory inheritance shares, the reserved share, the abatement (tenkis) action and the partition of jointly owned estate property (ortaklığın giderilmesi). Read the guide (in Turkish).
Disclaiming an Inheritance (Mirasın Reddi)
Actual and deemed disclaimer, the three-month deadline and liability for the deceased's debts under the Turkish Civil Code (TMK) Art. 605. Read the guide.
Inheritance Share Calculator
An interactive calculator for working out inheritance shares and reserved shares: online calculation, the class system and reserved share ratios. Read the guide.
Preparing a Will
Handwritten, official and oral wills, and the conditions each must meet to be valid, under TMK Art. 531. Read the guide.
Certificate of Inheritance (Veraset İlamı)
Obtaining the certificate of inheritance, the application process, 2026 fees and the documents required. Covers applications through a notary or the civil court of peace (sulh hukuk mahkemesi), the required documents and the objection procedure. Read the guide.
Renunciation of Inheritance (Mirastan Feragat)
Coming soon. The renunciation-of-inheritance agreement, with or without consideration, under TMK Art. 528, drawn up before a notary.
Inheritance Share Calculator
Our online tool calculates inheritance shares, reserved shares and the disposable portion of the estate. The calculator itself is available on the Turkish page: Inheritance Share Calculator.
Core Concepts in Inheritance Law
The Class (Zümre) System
Under Turkish inheritance law, heirs are divided into three classes:
- First class: Descendants (children and grandchildren)
- Second class: Parents and their descendants
- Third class: Grandparents and their descendants
Reserved Share
The protected portion of the statutory share of certain heirs:
- Descendants: 1/2 of the statutory share
- Parents: 1/4 of the statutory share
- Surviving spouse: 1/2 or 3/4 of the statutory share
Key Time Limits
- Disclaiming an inheritance: 3 months from learning of the death
- Abatement (tenkis) action: 1 year from learning of the infringement / 10 years absolute
- Action for recovery of the inheritance (miras sebebiyle istihkak): 1 year / 10 years
Inheritance Actions
- Abatement (tenkis) action: where a reserved share has been infringed
- Partition of joint ownership (ortaklığın giderilmesi): division of estate property
- Cancellation of the certificate of inheritance: where the certificate is incorrect
Related Practice Areas
Inheritance Law Advice
Our office advises on probate formalities, the division of estates and inheritance litigation.
Our Inheritance Law Articles
Decedent's Sham Transactions (Muris Muvazaası): Requirements and Proof
How does an heir prove that a sale the decedent registered at the land registry was in fact a disguised gift? The burden of proof in decedent's sham transactions, the criteria the Court of Cassation (Yargıtay) looks for, jurisdiction, venue and court fees, and the relationship with the abatement action. Read more.
How to Obtain a Certificate of Inheritance: 2026 Fees and Requirements
Should you obtain the certificate of inheritance from a notary or from the civil court of peace? Application routes under TMK Art. 598, the three situations in which a notary cannot issue the certificate, the limits of e-Devlet (the e-Government portal), 2026 inheritance and transfer tax deadlines, and the distinction between transfer by inheritance and sale at the land registry. Read more.
Inheritance Law Case Law
Does a Transfer Under a Lifetime Care Agreement Count as Hiding Assets from Heirs?
The General Assembly of Civil Chambers of the Court of Cassation (Yargıtay HGK) held that a decedent's transfer of the bare ownership of a three-story building in Bodrum, the decedent's only asset, to two sons under a lifetime care agreement was a sham transaction made to keep the property away from the daughters. The ruling went in favor of the heirs who alleged the sham. The trial court had insisted on dismissing the case on the grounds that "there was a need for care, the care was provided, and the transaction was for consideration." That decision was reversed, and the Assembly found that the claim for cancellation of the title deed and registration in proportion to the claimants' inheritance shares should have been accepted.
The Assembly recalled that a lifetime care agreement is, as a rule, a valid contract for consideration, and that a need for care does not have to exist at the time the agreement is signed. It stressed, however, that where the real purpose of the transfer is to deprive an heir of property, the intent to make a gift prevails and the 1974 Decision on the Unification of Case Law applies. The decision also states clearly that the burden of proof lies with the heir alleging the sham, and that because heirs are third parties to the agreement they may prove their claim by any type of evidence, including witness testimony.
In the case at hand, the decedent's age, the family relationships, the proportion of the transferred property to the entire estate, and the fact that any need for care could have been met without transferring such a valuable asset were weighed together. The Assembly concluded that reasonable limits had been exceeded by a wide margin. The later sale of the share to nieces or nephews did not remove the finding of sham. The ruling is a recent General Assembly precedent showing which criteria are weighed when a transfer is dressed up as a care agreement. Read the decision.
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