Meltem Öztürk Reis
- Bar association
- Istanbul Bar Association
- Education
- Istanbul University Faculty of Law, 2013
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Inheritance law governs how a person's assets and debts pass to their heirs upon death. People who have lost a relative and need a certificate of inheritance, want to renounce an estate, wish to challenge a will or want to divide jointly owned property among heirs look for legal support in this area.
1. Documenting the heirs. The first step is usually to obtain a certificate of inheritance (Civil Code, Art. 598). This document is needed for transactions at the land registry, banks and other institutions.
2. Reviewing the estate. The assets and debts of the deceased are investigated. If the debts exceed the assets, renouncing the estate is considered within the three-month period (Civil Code, Arts. 605–606).
3. Division and lawsuits. If the heirs agree, the estate is divided by a partition agreement; if they cannot agree, by an action for dissolution of co-ownership. Mediation is mandatory before this action (Law No. 6325, Art. 18/B). An abatement action can be filed for dispositions that infringe the reserved portion, and an action for annulment of the will for claims of invalidity.
4. Appeals. Court decisions can be appealed and, where the conditions are met, taken to the Court of Cassation.
Statutory heirs can renounce within three months from the date they learn of the death of the deceased, and appointed heirs within three months from the date the disposition in their favor is officially notified (Turkish Civil Code, Art. 606). The renunciation statement is made to the civil court of peace (Art. 609).
A certificate of inheritance can be requested from the civil court of peace or from a notary (Civil Code, Art. 598).
Heirs with a reserved portion can bring an abatement action against dispositions that exceed the disposable share. The action must be filed within one year from learning that the reserved portion was infringed, and in any case within ten years from the opening of the will, or from the opening of the succession for other dispositions (Civil Code, Art. 571).
An action for dissolution of co-ownership can be filed. Since 1 September 2023, applying to a mediator before filing a lawsuit is mandatory in disputes over the division of movable and immovable property and the dissolution of co-ownership (Law No. 6325, Art. 18/B).
This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .
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