How Is an Inheritance Left by a Father Divided?

How real estate, land, bank accounts, and other asset values left behind after the passing of a father will be divided is among the legal matters most wondered about within families. In the distribution of an inheritance, not only the number of children, but also whether there is a surviving spouse, the existence of a will, estate debts, and certain prior gratuitous dispositions are of importance.

Attorney Aylin Esra Eren emphasized that the first step in the division of inheritance is the accurate determination of the heirs and the assets included in the estate.

Who receives what share in an inheritance left by a father?

Statutory inheritance shares are determined according to the family members left behind by the deceased. For instance, if the deceased leaves behind a spouse and children, as a rule, the surviving spouse receives one-fourth of the estate, while the children share the remaining three-fourths equally.

If there is no surviving spouse and the deceased leaves behind children, the children, as a rule, inherit the estate in equal shares. However, legal situations such as a will, an inheritance contract, disinheritance, and provisions on reserved shares must be assessed separately.

What should be done before starting the division of inheritance?

First of all, a certificate of inheritance must be obtained to determine the statutory heirs; land registry records, bank accounts, vehicles, and other asset values must be investigated. The debts of the estate must also be taken into account. The certificate of inheritance alone does not determine which asset will be given to whom and in what manner; the partition must be carried out separately.

If the heirs agree, they may divide the inheritance by means of a written partition agreement. The requisite official form and registration requirements must also be complied with regarding the transfer of real estate and title deed transactions.

How is the inheritance divided if the siblings cannot agree?

The refusal of one of the heirs to accept the division does not mean that the other heirs are indefinitely prevented from exercising their rights. Depending on the concrete circumstances, legal remedies may be sought for the partition of the inheritance or the dissolution of co-ownership regarding a specific immovable property. If the statutory conditions are met, the court may evaluate the division in kind of the immovable property or its sale and the distribution of the proceeds.

Eren stated, “In inheritance disputes, it is necessary to first determine all the heirs and the estate assets, and then decide which legal path to pursue. The partition of the entire estate and the dissolution of co-ownership over only a single immovable property are not the same legal demand.”