This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Miras Paylaşımı: Yasal Mirasçılar ve Hakları.
Legal succession follows a three-tier system: the first tier is the descendants, the second the parents and their descendants, the third the grandparents (TMK arts. 495 ff.). A nearer tier excludes a more remote one entirely. The surviving spouse is different: they inherit alongside every tier, and the size of their share depends on which tier they inherit with.
This guide sets out who the legal heirs are, how the shares are calculated, what a will can and cannot do, and what happens when the estate carries more debt than assets. TMK means the Turkish Civil Code No. 4721.
Who Are the Legal Heirs?
TMK arts. 495–501 establish the tier system. Within it, the existence of a nearer tier excludes the more remote ones altogether.
First tier — descendants. The children and grandchildren of the deceased. Where the children are alive, the grandchildren take nothing. This tier inherits together with the surviving spouse.
Second tier — parents (and siblings). Where no one in the first tier survives, the mother and father inherit. If one of them has predeceased, the siblings on that side take that parent's share; if there are no siblings, the share passes to the other parent.
Third tier — grandparents. Where the second tier is also exhausted, the grandparents and their descendants — uncles, aunts and so on — inherit.
Where there is no legal heir at all, the estate passes to the State as heir of last resort.
A child born outside marriage, once parentage is established by judgment or formal acknowledgement, has exactly the same rights as any other child.
How the Shares Are Calculated
- Spouse + children: the spouse takes 1/4; the remaining 3/4 is divided equally among the children.
- Spouse + parents: the spouse takes 1/2; the remaining 1/2 is divided between the parents.
- Spouse + grandparents: the spouse takes 3/4; the remaining 1/4 passes to the grandparents.
- Children only: the estate is divided equally among them.
- Spouse only: the spouse takes the entire estate.
| Tier inherited with | Spouse's share | Distribution of the remainder |
|---|---|---|
| With descendants | 1/4 | 3/4 equally among the descendants |
| With the parents' tier | 1/2 | 1/2 among the parents and their descendants |
| With the grandparents' tier | 3/4 | 1/4 among the grandparents and their descendants |
| None of these tiers survives | The whole estate | — |
The legal share and the reserved portion are different things: the reserved portion is the minimum an heir keeps despite a will or lifetime gifts.
How a Will Affects the Shares
A will is a unilateral disposition taking effect on death. Turkish law recognises three forms.
Official will. Drawn up before a notary in the presence of two witnesses and recorded by the notary. It is the most secure form and the hardest to set aside.
Holograph will. Written out entirely in the testator's own hand, dated and signed. A typed or word-processed document is not valid in this form. It should be kept somewhere safe or deposited with a notary.
Oral will. Available only in extraordinary circumstances — imminent danger of death, war, natural disaster. The testator declares their wishes before two witnesses, who must report them immediately to the civil judge of peace or a notary. It lapses once the circumstances pass.
A will may appoint heirs, allocate specific assets and establish a foundation. It cannot encroach on the reserved portions.
Reserved Portions
The reserved portion is the minimum share the law guarantees to certain heirs, which a will or lifetime gift cannot defeat. Under TMK art. 506:
- Descendants: half of the legal share.
- Surviving spouse: since the 2008 amendment, the whole of the legal share, whichever tier they inherit with.
- The reserved portions of parents and siblings were abolished in 2008.
Where lifetime gifts or testamentary dispositions encroach on a reserved portion, the protected heirs may bring an action for abatement, which claws back the excess to the extent of the reserved portion. It must be brought within one year of learning of the infringement — a forfeiture period — and in any event within ten years.
"Among legal heirs, the heirs of the nearer tier exclude the heirs of the more remote tier."
TMK art. 495
How the Estate Is Divided
On death the heirs become joint owners of the estate — the deceased's immovables, movables, bank accounts, receivables and, importantly, debts.
Until division, this is a community of heirs. No heir may use, sell or transfer any estate asset independently; every disposition requires unanimity.
Division happens in one of two ways:
- By agreement — a partition agreement made before a notary or in writing with the consent of all heirs. This is the fastest and cheapest route.
- By action — where one or more heirs will not agree, the others may bring an action for the dissolution of joint ownership. The court divides the assets in kind or orders their sale and distributes the proceeds.
Disclaiming the Inheritance
An inheritance is not always a benefit; it can be a debt. Heirs are not obliged to accept. Within three months of learning of the death, an heir may disclaim by declaration, written or oral, to the civil judge of peace.
Disclaimer is personal: one heir's disclaimer does not bind the others. In larger families the absence of a common decision can make the distribution of the debt unexpectedly complicated, so it is worth coordinating.
Where the debts manifestly exceed the assets but no estate inventory was taken, the heirs may also seek a declaration of deemed disclaimer, in which the court declares that the inheritance has been disclaimed and the debts do not pass.
Disclaimer: three months from learning of the death and of your status as heir — and dealing with estate assets in the meantime counts as acceptance. Abatement: one year from learning of the infringement of the reserved portion, and in any event ten years. Both are forfeiture periods.
Frequently Asked Questions
How much does a surviving spouse inherit?
One quarter with the children, one half with the parents, three quarters with the grandparents, and the whole estate if none of those tiers survives.
Can I leave my estate to whomever I choose?
Only within limits. The reserved portions of the descendants (half their legal share) and the surviving spouse (their whole legal share) cannot be defeated by a will.
Is a handwritten will valid?
Yes, if written entirely in the testator's own hand, dated and signed. A typed document is not valid in this form.
One heir refuses to agree to a division. What can I do?
Bring an action for the dissolution of joint ownership. The court divides the assets in kind or orders a sale.
How long do I have to disclaim a debt-laden estate?
Three months from learning of the death and of your status as heir. Dealing with estate assets in the meantime counts as acceptance.