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Practice area

Inheritance Law

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.

What we handle in this area

  • Certificate of inheritance: Obtaining the certificate through the court or a notary.
  • Renunciation of an estate: Filing the renunciation within the time limit and handling insolvent estates.
  • Wills: Advice on drafting a will, and proceedings for the opening and annulment of wills.
  • Reserved portion and abatement: Abatement actions against gifts and dispositions that infringe the reserved portion.
  • Dissolution of co-ownership: Dividing jointly owned immovable and movable property among heirs.
  • Estate matters: Identifying the estate, dividing it among heirs and handling land registry procedures.

How does the process work?

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.

Frequently asked questions

How long do I have to renounce an inheritance?

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).

Where do I get a certificate of inheritance?

A certificate of inheritance can be requested from the civil court of peace or from a notary (Civil Code, Art. 598).

What can I do if my reserved portion has been infringed?

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).

What happens if heirs cannot agree on dividing jointly owned property?

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).

Sources
  1. Turkish Civil Code No. 4721, Arts. 495 et seq., 506, 531 et seq., 560 et seq., 571, 598, 605–609, 640 et seq.
  2. Law No. 6325 on Mediation in Civil Disputes, Art. 18/B
  3. Legislation (in Turkish): mevzuat.gov.tr

This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .

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