Inheritance Law in Türkiye: 10 Questions and Answers

Heirs may apply to the land registry with a certificate of inheritance and the other required documents to complete the inheritance registration. Inheritance and transfer tax obligations and the relevant administrative procedures must also be addressed separately.

Depending on the estate, proceedings for division of the estate or dissolution of co-ownership of immovable property may be considered. The appropriate action depends on the state of division and the ownership structure.

A person may dispose of their property subject to the rules on reserved shares. If a protected heir’s reserved share is infringed, an action for reduction of the disposition may be available where its conditions are met.

Where the heirs hold the estate in undivided joint ownership, one heir generally cannot sell the entire property alone in disregard of the others’ rights. Disposing of an individual share after conversion to ownership in shares is subject to different rules.

Under Article 606 of the Turkish Civil Code, the general period for express rejection is three months. For statutory heirs it starts when they learn of the death, unless they prove that they learned of their status as heir later. For heirs appointed by will it starts when the testamentary disposition is officially notified to them. Special starting rules and statutory exceptions must also be considered.

Upon acceptance of the inheritance, heirs may also be liable for the deceased person’s debts within the statutory framework. The conditions for rejecting the inheritance or requesting an official inventory of the estate should be considered separately.

It is the part of an inheritance protected by law for certain heirs. The Turkish Civil Code provides different rules for descendants, parents and a surviving spouse. An action for reduction may be available if a reserved share is infringed.

Annulment may be sought on the grounds set out in Article 557 and the following provisions of the Turkish Civil Code. Incapacity, defects of consent, illegality or immorality, and defects of form must be assessed in the circumstances.

The court may be asked to take appropriate measures to identify and preserve the estate. Depending on the circumstances, estate identification, restitution or other remedies may be relevant where assets are alleged to have been concealed or diverted.

For property held in undivided joint ownership, transferring the entire property generally requires the heirs to act together. If no agreement is reached, dissolution of co-ownership may be considered. Different rules apply if ownership has been converted into shares.