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Inheritance Law
 

30 explanatory sentences summarizing Turkish Inheritance Law, professionally structured for clarity and scannability:

Statutory Heirship and the Parentelic (Degree) System

  • In Turkish Inheritance Law, heirs are determined according to the "parentelic" (degree/zümre) system; if there is an heir in a preceding parentela, the subsequent parentela receives no share of the inheritance.

  • The first parentela consists of the deceased's descendants—namely, their children, grandchildren, and subsequent generations.

  • Children are the closest statutory heirs of the deceased, and their inheritance shares are equal.

  • The second parentela comprises the parents of the deceased and their descendants (siblings, nieces, nephews).

  • If a deceased individual has no descendants (children or grandchildren), the inheritance passes entirely to the second parentela, divided equally between the mother and the father.

  • The third parentela includes the grandparents of the deceased and their descendants (uncles, aunts, and cousins).

  • The surviving spouse is not included in the parentelic system; their inheritance share varies depending on which parentela they co-inherit with.

  • If the spouse inherits alongside the first parentela (descendants), they receive 1/4 of the inheritance; if alongside the second parentela (parents), they receive 1/2.

  • If the surviving spouse inherits alongside the heads of the third parentela and their children (excluding cousins), they receive 3/4 of the estate; if there are no other statutory heirs, the entire estate passes to the spouse.

  • If the deceased leaves behind no relatives (kinsmen) and no surviving spouse, the entire estate escheats to the State.

Reserved Portions and Freedom of Disposition

  • The "reserved portion" (statutory share/saklı pay) in inheritance law is the minimum inheritance right that the deceased cannot deprive statutory heirs of, even by executing a will.

  • Under current legislation, only the descendants (children/grandchildren), parents, and the surviving spouse of the deceased possess reserved portions; siblings do not have a reserved portion right.

  • The reserved portion for descendants is half (1/2) of their statutory inheritance share.

  • The reserved portion for each parent is one-quarter (1/4) of their respective statutory inheritance share.

  • The reserved portion of the surviving spouse equals the entirety (1/1) of their statutory share when co-inheriting with descendants or parents.

  • The part of the estate that remains after subtracting the reserved portions, over which the deceased can dispose as they wish, is called the "disposable portion" (tasarruf edilebilir kısım).

  • If the reserved portions are infringed upon, the aggrieved heirs can file an "action for reduction" (tenkis davası) to claim their rightful shares.

Wills, Post-Mortem Dispositions, and Disclaimer of Inheritance

  • An individual may execute a will or sign an inheritance contract during their lifetime to determine how their estate will be distributed after their death.

  • The law provides for three types of wills: a formal will, a holographic (handwritten) will, and an oral will.

  • For a holographic will to be valid, it must be written entirely in the handwriting of the testator, and must include the date and the testator's signature.

  • A formal will is drawn up by a notary public, a civil judge of peace, or an authorized official in the presence of two witnesses.

  • Upon the death of the deceased, the estate passes to the heirs automatically as a whole (incorporating both assets and liabilities).

  • Heirs are jointly and severally liable for the debts of the deceased, meaning they are responsible not only with the inherited property but also with their personal assets.

  • Heirs who do not wish to accept an estate heavily burdened with debt can file a lawsuit for the "disclaimer of inheritance" (reddi miras) within 3 months from the date of death.

  • A constructive disclaimer of inheritance (mirasın hükmen reddi) occurs automatically without any time limit if the insolvency (being deeply in debt) of the deceased at the time of death was clearly evident or officially established.

  • The process of adding assets or money back into the estate—which the deceased transferred to an heir during their lifetime without consideration—is called "equalization in inheritance" (mirasta denkleştirme).

  • Any heir can file a lawsuit for the "dissolution of the inheritance partnership" (izale-i şuyu / ortaklığının giderilmesi) against the other heirs to demand the partition of the assets or their sale by public auction to convert them into cash.

  • An "inheritance claim" (miras sebebiyle istihkak davası) is an action filed by individuals who prove their status as heirs against unfair transactions that prejudice their inheritance rights.

  • An individual who attempts the life of the deceased, or commits a severe crime against them or their immediate family, is legally barred from becoming an heir due to "unworthiness to inherit" (mirastan yoksnuluk).

  • The courts having jurisdiction over all disputes and estate procedures regarding inheritance law are the Civil Courts of Peace (Sulh Hukuk Mahkemesi) and the Civil Courts of First Instance (Asliye Hukuk Mahkemesi).

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