Güneş & Güneş · Legal services
From heirship and succession transfer procedures to estate partition and disputes: advice, litigation and implementation of decisions.
Inheritance is more than dividing property
Inheritance law governs to whom the estate’s assets, receivables and debts pass after death, and how the estate is to be protected and divided. Heirship status, succession transfer (intikal) and the actual partition are not the same transaction. Debts and statutory time limits must be reviewed as carefully as the assets.
Our firm evaluates together the document, procedural, litigation and defense needs of heirs, legatees and persons with an inheritance relationship connected to Türkiye. The work to be undertaken, from drafting a will to implementing a judgment, is determined according to the circumstances of the file.
Determination of heirs and shares; certificate of inheritance (veraset ilamı), land registry, bank, vehicle and company share procedures. Obtaining the certificate and completing the partition are handled separately.
Certificate of inheritance and transfer proceduresInvestigation of assets and debts; protective measures, representative, express disclaimer, deemed disclaimer (hükmen ret), official inventory (resmî defter) and liquidation options.
Options for an indebted estateWill, inheritance contract and renunciation; capacity, form and reserved-portion requirements. Opening, execution and annulment processes.
Wills and contractsSimulation by the deceased (muris muvazaası), annulment and re-registration of title, abatement (tenkis) and collation (denkleştirme). Determining the claim and method of proof that fit the true nature of the transaction.
Simulation and reserved-portion disputesPartition agreement, transfer of an inheritance share, mediation, partition in kind and sale. Disputes over use, rental income and accounts.
Partition and sale proceduresInternational inheritance connected to Türkiye; foreign documents, company shares and agricultural land, and the succession transfer of intellectual and digital rights.
International inheritance proceduresThe right starting point in an inheritance file is more than listing the assets. Family relationships, transaction dates, the source of the assets, debts and the conditions of proof are considered together. Where abatement, simulation, collation or contract invalidity may all arise from the same facts, we separate these options and build the work plan that fits the file.
Dates of death and of learning of it, family ties, earlier dispositions, notifications and existing files are reviewed. The need for a disclaimer or interim protection is identified at the outset.
Land registry, bank, company, vehicle and debt records are assessed. Protection of the estate, representation, the official inventory and any necessary technical examinations are planned.
Certificate of inheritance, will and representation documents; where necessary, apostille, certification and translation procedures are handled. Tax and agency filings are coordinated.
Partition and share-transfer negotiations, mediation as a condition precedent to litigation, and litigation and defense options are determined. The party, legal ground and evidence for each claim are separated.
Within the scope of the authorization, pleadings, hearings, on-site examinations and expert proceedings are conducted. Developments and decisions that are needed are shared with the client in the agreed communication arrangement.
An appeal to the regional court of appeal (istinaf) and, where its conditions are met, to the Court of Cassation (temyiz) are assessed. Depending on the nature of the decision, registration, sale, collection and other agency procedures are followed up.
The route to take is not chosen by the name of the dispute alone. The following distinctions in particular help prevent procedural and time-limit errors at the initial assessment.
The certificate shows the heirs and their shares. Separate procedures may be required for succession transfer at the land registry or bank and for dividing the assets among the heirs.
Not every heir has a reserved portion. Abatement does not mean the complete annulment of a transfer; a net estate and a calculation of the infringement are required.
A disclaimer takes place after death; renunciation of inheritance arises by contract during the decedent’s lifetime. The conditions of the deemed disclaimer and the official inventory are reviewed separately.
Disputes concerning the partition of movable and immovable property and the dissolution of co-ownership (izale-i şuyu) fall within mediation as a condition precedent to litigation. Other claims are assessed according to their own nature.
The general time limit for a disclaimer is three months. For statutory heirs it runs, as a rule, from learning of the death; if it is proven that heirship was learned of later, it runs from that point. For an heir appointed by will, the official notification of the disposition is decisive. For a request for an official inventory there is a separate one-month time limit.
Acts exceeding the ordinary administration of the estate, concealing assets or appropriating them can affect the right to disclaim. Filing a lawsuit or initiating enforcement proceedings to preserve a right does not produce the same result. The inventory of the estate, the granting of a time limit for an important reason and the conditions of a deemed disclaimer are reviewed separately.
Other litigation time limits and competent courtsBasis: Turkish Civil Code (Türk Medeni Kanunu, TMK; Law No. 4721) Art. 605–610, 615 and 619. Submitting the form does not suspend statutory time limits.
You can review the types of procedures and lawsuits under the topics below. In each file, the parties, subject-matter and territorial jurisdiction, time limits, evidence, interim protection and the relief sought are determined separately.
Who the heirs are is not determined merely by listing the names in the population records. Descendants, the parents’ line, the grandparents’ line, the surviving spouse, an adopted child, a child born out of wedlock, an appointed heir, disinheritance, unworthiness to inherit, disclaimer of inheritance and the descendants of predeceased heirs can all affect the calculation of shares.
The surviving spouse’s inheritance share varies according to the line with which the spouse inherits. In addition, if the spouse has a participation claim or another claim arising from the matrimonial property regime, that claim may be the subject of a separate legal calculation before the estate is divided. A matrimonial property regime claim and an inheritance share are not the same right.
If the population records are incomplete, contradictory or depend on foreign registries, the consistency of the birth, marriage, divorce, adoption, parentage, name change and death documents is investigated. Where necessary, the correct heirship table may not be established until corrections of records or preliminary parentage issues are resolved.
| Group with which the spouse inherits | Surviving spouse’s statutory share |
|---|---|
| Descendants (children and the descendants who take their place) | 1/4 |
| The parents’ line | 1/2 |
| Grandparents and their children | 3/4 |
| No heirs in these groups | The entire estate |
This table shows the spouse’s statutory inheritance share. Disclaimer, renunciation, unworthiness, disinheritance, a will and the liquidation of the matrimonial property regime can affect the actual calculation. The shares within the descendants and succession by representation are determined separately.
Procedures that may be considered under this heading
Related detailed pages: Parentage, Paternity and Adoption Cases; Guardianship Law, Guardians and Curators
Legal basis: TMK Art. 495–501, 505–506.
The certificate of inheritance is the basic document showing the status of a statutory or appointed heir and the shares. Statutory heirs may obtain the certificate from a civil court of peace or a notary if the conditions are met. A foreign element, inadequate population records, a will, a dispute over parentage or the certificate becoming contested may require an application to the court.
Obtaining the certificate does not mean that the assets of the estate are automatically divided or that all succession transfers are completed. For land registry, bank, vehicle, company and tax procedures, the conditions of the relevant agencies are fulfilled separately.
Correction or annulment may be sought of a certificate of inheritance that shows an heir incompletely or incorrectly, determines share ratios wrongly or conflicts with a legal situation that emerges later. In an annulment action, the population records, parentage, order of death, will, disclaimer of inheritance and other certificates of inheritance are reviewed together.
Legal basis: TMK Art. 598; Notary Law (Noterlik Kanunu; Law No. 1512) Art. 71/A–71/B.
An investigation of the estate cannot be completed by looking at the land registry record alone. Depending on the characteristics of the specific file, the following assets and debts may be examined:
Estate assets
Estate debts and obligations
Where there is a risk that estate assets may be lost, transferred without permission, used by a single heir or that income may be concealed, measures such as drawing up an inventory, sealing, preventing a sale or payment, interim injunction, preservation of evidence and appointment of a representative for the community of heirs may be considered. The type of measure is determined by the nature of the danger and the court where the request will be heard.
Procedures that may be considered under this heading
Legal basis: TMK Art. 589–594, 640.
An inheritance can include debts together with assets. For this reason, particularly for an indebted estate or one whose financial position is unclear, the legal options should be reviewed before any disposition is made over the estate property.
Three-column table; on a narrow screen you can scroll horizontally to see the other columns.
| Route | Basic function | Points to watch |
|---|---|---|
| Express disclaimer of inheritance | A statutory or appointed heir disclaims the inheritance by the procedure provided by law. | The general time limit for a disclaimer is three months; the starting date is determined by the heir’s status and the fact of learning. Certain acts concerning the estate can affect the right to disclaim. |
| Deemed disclaimer of inheritance | Assessment of the statutory presumption of disclaimer where the decedent’s insolvency at the time of death was clearly evident or officially established. | It does not apply automatically to every indebted estate; the financial position at the date of death and the specific evidence are examined. A lawsuit may be required in case of a dispute. |
| Official inventory | Aims at the official recording of the estate’s assets and liabilities by the civil court of peace and at making the heir’s options more visible. | A shorter statutory time limit is provided for the request. The liability consequences of acceptance under the inventory differ from unconditional acceptance. |
| Official liquidation | Provides for the liquidation of the estate under the supervision of an official authority and, if the conditions are met, for the heir not to assume personal liability for the estate’s debts. | Acceptance by one of the co-heirs can affect the outcome of the request; creditors’ rights to apply are assessed separately. |
Disclaimer of inheritance, official inventory and official liquidation are not synonyms. Which route is suitable is determined by the nature of the estate debts, the heir’s acts, the time elapsed, the position of the other heirs, pending enforcement proceedings and the expected estate assets.
Procedures that may be considered under this heading
Legal basis: TMK Art. 605–636.
Estate planning does not consist merely of writing to whom an asset will be left. The form of the disposition, the capacity and free will of the person making it, reserved portions, earlier wills, the ownership status of the asset, the spouse’s matrimonial property regime rights, tax and cross-border consequences must be reviewed together.
Will
A will may be made in an official form, by hand or, where the statutory conditions are met, orally. Each form has its own validity requirements. The legal work may cover matters such as expressing the intention correctly, distinguishing between the appointment of an heir and a specific bequest, substitution provisions, charges, conditions and the designation of an executor of the will. The relevant official authority and safekeeping procedures are handled separately so that the will is completed in the form the law requires.
Inheritance contract
An inheritance contract is a binding disposition upon death between the parties and is subject to the official form provided by law. The appointment of an heir, specific bequests, reciprocal arrangements and the parties’ ability to dispose of assets later should be evaluated before the contract is concluded.
Contract of renunciation of inheritance
A contract of renunciation of inheritance between the decedent and a prospective heir may have different consequences depending on whether it is for consideration or without consideration, on the effect of the renunciation on descendants and on the shares of the other heirs. It should be handled together with the scope of the contract, the counter-performance, tax consequences and the family asset plan.
Lifetime transactions
Transactions such as gifts, sales, maintenance until death, share transfers, company restructuring and family asset transfers, even though they take effect during the decedent’s lifetime, may later become the subject of disputes over simulation by the deceased, abatement, collation or the validity of the contract. Documenting the true intention, the price, the performance of care and the economic rationale of the transaction can reduce the risk of a dispute.
Procedures that may be considered under this heading
Legal basis: TMK Art. 502–545.
A will that is found is delivered to the competent civil court of peace, regardless of whether it is valid. The court’s opening of the will and notification of interested persons does not mean that the disposition is conclusively valid, that the bequeathed asset is delivered automatically or that the statutory heirs lose all their rights.
After the will is opened, the following matters in particular are reviewed:
An appointed heir acquires rights as an heir over the entire estate or a specific proportion of it, whereas a legatee requests delivery of the specific asset or right bequeathed from those under the obligation. The route to follow, the documents and the liability regime are not the same in these two situations.
Legal basis: TMK Art. 595–598.
Although “enforcement of the will” (tenfiz) is a common expression, there is no single type of action with the same name and the same claim for every will. First it is determined whether the disposition contains an appointed heir or a specific bequest, whether the will has been opened, whether there is an objection or annulment action, the type of the asset and whether the person obliged to perform accepts the transaction.
Succession transfer procedures of an appointed heir
For the whole estate or a specific proportion, an appointed heir may, once the statutory conditions are met, obtain the document showing the status of heir and take part in land registry, bank, vehicle, company and other estate procedures. A certificate of inheritance does not remove the right to bring an action for annulment of a disposition upon death.
Performance of a legacy claim
A legatee who has been left a specific immovable, sum of money, company share, vehicle or other right requests, as a rule, delivery of that asset or right from those obliged to perform the will. If the obligated persons do not perform, performance of the legacy claim or a request for registration and delivery suited to the specific asset may be brought before the court.
Registration of a bequeathed immovable at the land registry
The opening of the will alone does not change the land registry record. The finality status, the certificate of heir or legatee, tax procedures, the land registry record and the participation of the obligated persons are reviewed. If the required documents and the parties’ declarations are completed, registration is made at the land registry; if registration cannot be achieved, an action for registration or performance suited to the nature of the bequest is considered.
Succession transfer of bank, company share, vehicle and other rights
Where the bequeathed asset is a bank account, security, company share, vehicle, intellectual property right or digital asset, the relevant institution’s record system, the articles of the company, the special registry, and tax and representation requirements apply separately. The decision on opening the will and the succession transfer document an institution requires may not replace one another.
Executor of the will
If the decedent has appointed an executor of the will, acceptance of the role, management of the estate, payment of debts, performance of legacies, the partition plan, accounting and removal from office are assessed within the framework of the Turkish Civil Code.
Procedures that may be considered under this heading
Legal basis: TMK Art. 550–556, 598–600.
Annulment of a will or another disposition upon death may rest on statutory grounds such as lack of capacity, defect of intent, contravention of law or morality and defect of form. Claims for annulment and for abatement are different forms of legal protection; whether they must be raised together or in the alternative in the specific case is examined separately.
If a provision of the will is unclear, if there are conflicting dispositions or if the wording creates doubt between the appointment of an heir and a specific bequest, the decedent’s true intention is first interpreted from the disposition as a whole and from external facts. It is not possible to rewrite the disposition by way of interpretation or to cure a statutory defect of form.
There is no general type of action that can be brought in every case under the name “adaptation of the will” or “adaptation of the inheritance”. However, in special situations such as the impossibility of a condition or charge in the disposition, a change in the nature of the asset, a foundation or allocation to a specific purpose, a partition rule or a contractual relationship, a request for interpretation, completion, conversion, partial invalidity or adaptation may arise according to the applicable statutory provision. The legal basis and result of the request must be framed according to the specific disposition.
Legal basis: TMK Art. 557–559.
If the decedent has made dispositions upon death, or lifetime transfers that the law subjects to abatement, exceeding the disposable portion, an heir whose reserved portion has been infringed may bring a claim for abatement. Instead of invalidating the transaction entirely in every case, abatement reduces the transfer to the statutory limit to the extent necessary to complete the reserved portion.
In the calculation of abatement, the scope of the estate at the date of death, the debts, the transfers subject to return or abatement, rights arising from the matrimonial property regime, the valuation date and the order in which multiple transfers are to be reduced are important. The reserved portion ratio is determined by the heir’s identity and statutory share. Because the time limits for bringing an action can vary according to learning and the type of disposition, they must be calculated separately.
Reserved portion ratios: For descendants, half of the statutory share; for each of the mother and father, one quarter of the statutory share; for the surviving spouse, the whole of the statutory share when inheriting together with descendants or the parents’ line, and three quarters in other cases. Siblings are not heirs with a reserved portion. The reserved portion ratio should not be read as an inheritance share applied directly to the whole estate.
Procedures that may be considered under this heading
Legal basis: TMK Art. 505–513, 560–571.
Certain gratuitous transfers made by the decedent during his or her lifetime to one of the statutory heirs may be subject to collation on partition. The purpose is for the transfer concerned to be included in the calculation of the inheritance share within the statutory conditions. Collation and abatement are not the same institution: collation is directed at the balance of the partition among heirs, whereas abatement is directed at protecting the reserved portion.
The nature of the transfer, the date on which it was made, the decedent’s intention, whether there was any counter-performance, education and establishment expenses, dowry, transfer of an immovable or a company share and whether the return is to be made in kind or by value are examined on the basis of the specific evidence.
Legal basis: TMK Art. 669–675.
Simulation by the deceased rests on the claim that the decedent, in order to divert assets from the heirs, made an immovable that he or she actually wanted to give as a gift appear on its face to be a sale or maintenance until death. Not every low-price sale or every transaction producing an unequal result among heirs is automatically treated as simulation by the deceased.
In the examination, the decedent’s true intention, the need to sell, whether the price was paid, the parties’ financial means, family relationships, the actual use of the immovable, the care relationship, the period between the transaction and death and the other evidence in the case are assessed together. If the claim is proven, annulment of the title and a request for re-registration in proportion to the inheritance share may arise.
For transfers of assets other than immovables or transactions falling outside simulation, abatement, collation, invalidity of the contract, unjust enrichment or another type of claim may be at issue. Identifying the right cause of action matters for jurisdiction, venue, the parties and the relief sought.
Procedures that may be considered under this heading
Legal basis: Turkish Code of Obligations (Türk Borçlar Kanunu, TBK; Law No. 6098) Art. 19; TMK Art. 706.
An action for recovery of estate property on the basis of inheritance may be brought against a person who holds estate property or dominion over the estate on the strength of a right of inheritance. Unlike an individual action for ownership, this action is a special inheritance law claim based on heir status and on the whole or part of the estate.
Disinheritance concerns the decedent removing an heir with a reserved portion from the inheritance, for the reasons listed in the law and by a disposition upon death. Unworthiness to inherit, on the other hand, takes effect where the serious acts specified in the law occur. The statement of the ground for disinheritance in the disposition, the burden of proof, the position of the descendants and the effect of forgiveness must each be examined separately.
Procedures that may be considered under this heading
Legal basis: TMK Art. 510–513, 578–579, 637–639.
Where there are several heirs, a community of heirs (miras ortaklığı) arises over the estate until partition. As a rule, the heirs own the estate jointly and dispose of the estate rights together. A single heir’s sale of a specific estate asset on his or her own and the transfer of an inheritance share are not the same transaction.
If the heirs agree, they may distribute the assets according to their shares by a written estate partition agreement, leave an asset to a specific heir and agree on an equalization payment, sell immovables together or convert joint ownership into co-ownership in shares. In the partition of immovables, company shares, vehicles and other registered assets, the relevant registration and form formalities must be completed.
Transfer of an inheritance share to another heir or a third party has different consequences depending on the party to the transfer, whether the community of heirs continues and the nature of the right transferred. The form of the transfer contract, whether the third party can take part in the management of the estate and the receivable that will arise at the end of the partition should be expressly regulated.
Use by one heir alone: Use of an estate immovable or the collection of rental income by one person does not show that ownership has passed only to that person. A claim for prevention of interference, an account of income or compensation for unjust occupation (ecrimisil) is examined separately in light of the manner of use, earlier permission, obstruction of benefit, notification and the conditions of proof.
Procedures that may be considered under this heading
Legal basis: TMK Art. 640–641, 676–678.
If the heirs cannot agree on partition, the appropriate route of action is determined for partition of the estate or for dissolution of the co-ownership in the estate assets. Whether partition in kind is feasible, the divisibility of the immovables, inheritance shares, the will, collation, claims for use and income, and the special provisions on agricultural land are assessed together.
In disputes concerning the partition of movable and immovable property and the dissolution of co-ownership, the mediation process as a condition precedent to litigation must be completed before an action is brought, subject to the exceptions in the law. The effects of an agreement reached in mediation on the transfer of title, the price of a share, tax, eviction, waiver and pending lawsuits should be regulated clearly and in an enforceable way.
Amendment dated July 31, 2026: For immovables that all the owners acquired by inheritance and in which no third party other than heirs has an ownership right, where co-ownership is dissolved by sale, the first auction is held only among the heirs who are owners; this procedure is applied once. In the first auction, one hundred percent of the estimated value is taken as the bid threshold; the statutory conditions on preferential receivables and on sale and distribution expenses apply separately. The conditions of the second auction are different.
Under Transitional Article 1/1 of Law No. 7589, the previous provisions apply to auctions announced before July 31, 2026. A conclusion should not be drawn only from the date on which the action was brought or the sale was requested. The consequences for security and sale of failing to pay the award price in time are assessed separately.
Succession transfer of the inheritance at the land registry does not end the co-ownership. The transfer reflects the heirs’ rights in the registry; separate partition, share transfer, partition in kind or sale may be required to settle definitively to whom the estate or the immovable will belong.
Legal basis: TMK Art. 642, 699; Law No. 6325 on Mediation (Arabuluculuk Kanunu) Art. 18/B; Enforcement and Bankruptcy Law (İcra ve İflas Kanunu, İİK; Law No. 2004) Art. 114; Law No. 7589 Transitional Art. 1/1.
In the succession transfer of inherited immovables to the land registry, the certificate of inheritance, identity card or passport, representation document, compulsory insurance depending on the nature of the immovable, tax position and land registry records are examined. The application can be started through Web Tapu; for a certificate of inheritance obtained from a foreign court to be used in Türkiye, confirmation by a Turkish court or a new certificate of inheritance from Türkiye may be required, depending on the nature of the document.
Before the succession transfer, the land registry record, owner information, surface area, type, attachments, mortgages, annotations, declarations and other encumbrances should be checked. If there is an old record, a name discrepancy, a cadastral problem or an incomplete registration, the need for correction and litigation is determined separately.
Converting joint ownership into co-ownership in shares makes each heir appear in the registry with a specific share, but does not by itself mean that the immovable is physically divided. In co-ownership in shares, the sale of a share to a third party may give rise to the statutory pre-emption right. The notification, time limit, price and litigation conditions are examined under the legislation in force on the date of the transaction.
Procedures that may be considered under this heading
Legal basis: TMK Art. 644, 676–677; Land Registry Law (Tapu Kanunu; Law No. 2644) and related registry regulations.
In the succession transfer of bank and investment accounts, each institution’s document and tax checks may differ. The certificate of inheritance, the inheritance and transfer tax clearance or related letters, and identity and representation documents are prepared; the account balance, securities, loans and set-off claims are examined. Opening a safe deposit box may require the participation of all interested persons or of the competent authority and the drawing up of a record.
For vehicles, boats, valuables and other registered movables, ownership, pledge or attachment, insurance, tax and transfer records are assessed. An asset physically in the possession of one heir should not be presumed to belong entirely to that heir; the estate and partition documents are decisive.
Legal basis: TMK Art. 599, 640–641; related registry and tax provisions.
The decedent’s shares in joint-stock or limited liability companies, sole proprietorship, interest in a simple company (adi ortaklık), cooperative membership, dividends, shareholder current account and commercial receivables are each examined separately within the estate. The type of company, the articles of association, the shareholders’ agreement, restrictions on share transfer, management and representation powers and trade registry procedures apply together with the general provisions on inheritance.
The passing of a company share to the heirs does not mean that the management of the company will continue in an orderly way on its own. Early planning may be needed for voting rights, representation of the community of heirs, the general assembly, the manager or board of directors, valuation, transfer of the share to the other shareholders and continuity of the enterprise’s operations.
The tax, employee, contract, license, bank and commercial debt aspects of the decedent’s sole proprietorship are handled separately. The options of closing the enterprise, continuing it by the heirs or transferring it to a third party are coordinated with their commercial, tax, employment and enforcement law dimensions.
A company share is distinguished from the company’s own assets. For a limited liability company, Art. 596 of the Turkish Commercial Code (Türk Ticaret Kanunu, TTK; Law No. 6102) on the passing of shares by inheritance is assessed together with, for a joint-stock company, the provisions on the type and transfer of the share, the articles of the company and the conditions of representation.
Legal basis: TTK Art. 493–494, 596; TMK Art. 599, 640.
The passing by inheritance of copyright income, trademarks, patents, designs, licenses, domain names, websites, social media accounts, cloud data, electronic wallets and other digital values is not subject to the same rules. The economic value of the asset, the service provider’s contract, access keys, personal data, confidentiality of communications, the intellectual property right and the applicable foreign law are examined together.
In digital asset planning, the secure safekeeping of access information must be distinguished from the unlawful sharing of account passwords. An estate plan can be built to show the type of asset, the right holder and the legal route to be followed by the authorized persons without compromising data security.
Legal basis: TMK Art. 599; related provisions on intellectual property rights, data and service contracts.
In addition to the general partition rules of inheritance, agricultural land is subject to Law No. 5403 on Soil Conservation and Land Use (Toprak Koruma ve Arazi Kullanımı Kanunu) and the related regulations. Options such as the size of agricultural land with sufficient income, indivisibility, agreement of the heirs, a qualified heir, a family assets community, a limited liability company or a sale to a third party are assessed according to the nature of the specific immovable.
Even if the land registry succession transfer has been completed, to which heir or structure the agricultural land will be transferred within the statutory period must be resolved separately. Current practice is checked regarding ministry notifications, the court process, valuation and the price to be paid to the other heirs.
Legal basis: Law No. 5403 Art. 8/B et seq.
When a marriage ends by death, first the liquidation of the matrimonial property regime between the spouses and then the scope of the inheritance may come up. Under the regime of participation in acquired property, the surviving spouse’s participation claim, value-increase share or contribution claim may be calculated as a debt or receivable of the estate. After this calculation is completed, the inheritance shares are determined over the remaining net estate.
Claims for ownership, usufruct or a right of habitation granted to the surviving spouse over the family residence and household goods are assessed together with the nature of the residence, the spouse’s need, the rights of the other heirs and the matrimonial property regime.
The surviving spouse continuing to live in the residence, or asking for the residence to be left to him or her, does not mean automatically becoming the sole owner of all the estate assets. The basis and conditions of claims under TMK Art. 240 within the matrimonial property regime and under TMK Art. 652 in the partition of the estate are separate.
Legal basis: TMK Art. 240, 499, 652.
For assets passing by inheritance, the inheritance and transfer tax return (veraset ve intikal vergisi) is filed within statutory periods that can vary according to the place of death and the country where the heirs are located. Because exemption amounts and tariff brackets are updated every year, the Revenue Administration regulations on the date of the transaction should be taken as the basis.
The return does not replace the legal partition of the estate. The documents required by the tax office and the relevant institution are prepared separately so that land registry, bank, vehicle or company procedures can be completed. Where valuation of immovables, company shares, commercial enterprises and assets in foreign countries is needed, financial advisers, valuation and other technical work are coordinated with the legal process.
Legal basis: Inheritance and Transfer Tax Law (Veraset ve İntikal Vergisi Kanunu; Law No. 7338) Art. 9; Revenue Administration (GİB) explanations on inheritance and transfer tax.
In inheritance files with a foreign element, it should not be assumed that the law of a single country automatically applies to all assets. The decedent’s citizenship, last place of residence, the country where the assets are located, whether they are movable or immovable, the form of the disposition upon death and the international conventions to which the state is a party are examined together. For immovables located in Türkiye, the application of Turkish law is of particular importance.
The principal procedures are as follows:
A foreign certificate of inheritance may not be usable directly in every procedure in Türkiye. In particular for immovables in Türkiye, confirmation of the document by Turkish courts or obtaining a certificate of inheritance from Türkiye may be required. The document and the application route are determined by the institution before which the procedure will be carried out and by the type of asset.
Under Art. 20 of Law No. 5718 on Private International Law (Milletlerarası Özel Hukuk Kanunu, MÖHUK), the basic rule is the decedent’s national law; Turkish law applies to immovables located in Türkiye. The provisions on the opening, acquisition and partition of the inheritance and the form of the disposition are not subject to the same conflict-of-laws rule. Jurisdiction is assessed separately under MÖHUK Art. 43 and international conventions.
If local representation is needed in a foreign country, the work of a lawyer authorized in that country is distinguished from the procedures conducted in Türkiye. Multilingual communication does not mean the authority to represent directly in a foreign country.
Procedures that may be considered under this heading
Related detailed page: Foreign Heirs and International Estate Matters
Legal basis: Law No. 5718 (MÖHUK) Art. 20, 43 and 50–59; related international conventions.
In an inheritance dispute, before an action is brought, the subject of the claim, the parties, the court with subject-matter and territorial jurisdiction, the mediation requirement, the preclusive period or statute of limitations, the means of proof and the need for interim protection are determined together. A wrong type of action or an incomplete party structure may delay reaching the merits of the dispute.
Where the specific case requires, the following procedures may be carried out:
The structure of proof differs in each inheritance case. In annulment of a will, capacity and intent; in simulation by the deceased, the true intention behind the transaction; in abatement, the calculation of the estate and the transfers; in a disclaimer of inheritance, the time limit and interference with the estate; and in partition, the nature and divisibility of the assets may be decisive.
Legal basis: Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK; Law No. 6100) Art. 389 et seq.; related inheritance provisions and rules on legal remedies.
There is no single time limit or single competent court for all inheritance procedures. The summary below does not replace a time-limit calculation specific to you.
Three-column table; on a narrow screen you can scroll horizontally to see the other columns.
| Procedure / action | General time limit | Starting point and key distinction |
|---|---|---|
| Express disclaimer of inheritance | Three months | For a statutory heir, learning of the death; proof that heirship was learned of later is reserved. For an heir appointed by will, official notification. TMK Art. 606–607, 615. |
| Official inventory of the estate | One month | Requested from the judge of the civil court of peace according to the disclaimer procedure. Not to be confused with the general three-month disclaimer period. TMK Art. 619. |
| Annulment of a will / disposition | One year; plus outer limits | Learning of the disposition, the ground for annulment and the entitlement. Outer limit of ten years against a defendant in good faith and twenty years against one not in good faith; for a will, opening is the basis, for another disposition, the passing of the inheritance. TMK Art. 559. |
| Abatement | One year; plus ten years | Learning that the reserved portion has been infringed; for the outer limit, the opening of the will, or for another disposition, the opening of the inheritance. The special rule on the revival of an earlier disposition is reserved. TMK Art. 571. |
Raising claims of annulment and abatement by way of defense is assessed separately from the time limits for bringing an action. The effects of holidays, suspension, learning and service of process are calculated on the basis of the file.
If the conditions are met, a certificate of inheritance can be obtained from a notary or a civil court of peace. The opening of a will, an actual disclaimer of inheritance and matters concerning partition are assessed under their own rules on competence.
Abatement, annulment of a will and title actions based on simulation by the deceased are, as a rule, heard by the civil court of first instance. Related matrimonial property regime claims are subject to separate rules on competence.
The decedent’s last place of residence, the place where the immovable is located and the legal nature of the claim are examined together. Not every dispute is automatically brought in Antalya; where there is a foreign element, international jurisdiction is determined separately.
In your first communication, it is enough to briefly state your need, the known date of death and any time limit that is running. Prepare the documents you have; do not lose time waiting to obtain every record.
Do not send passwords, electronic wallet keys, e-Devlet access or unnecessary identity and bank details. Obtain documents by lawful means; the method of secure sharing is determined separately with the firm.
It is determined which of advice, succession transfer, litigation, appeal and sale procedures will be undertaken. The attorney’s fee is not confused with separate expenses such as court fees, tax, notary, translation, on-site examination and expert costs.
Work begins after the conflict-of-interest check, the scope and the necessary authorization are completed. The need for special authority in the power of attorney for acts such as disclaiming an inheritance, waiver or settlement is assessed separately.
The course of the file, missing documents and matters requiring a decision are shared in the agreed communication arrangement. The outcome depends on the specific case, the evidence and the assessment of the relevant authority.
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999, with an institutional history of more than 27 years, provides legal services in heirship, estate, succession transfer and inheritance litigation. Inheritance files are assessed with their family, real estate, company, obligations, enforcement, tax and private international law dimensions.
Taking into account the competent court with subject-matter and territorial jurisdiction, the location of the assets, on-site examination and representation conditions, advice, procedure follow-up, litigation, appeal and implementation of the decision can be planned in all 81 provinces of Türkiye.
We can communicate in Turkish, English, German and Russian with Turkish citizens living abroad, foreign heirs and persons or companies with an inheritance relationship connected to Türkiye. Online meetings, secure document sharing and any necessary foreign law coordination are arranged according to the country and the conditions of the procedure in the file.
Meet Founding Attorney Umut GüneşFrequently asked questions about documents, representation and the first step. For detailed conditions, you can review the relevant guide heading.
Obtaining a certificate of inheritance is not, by itself, the same as appropriating the estate assets. What mainly matters for the effect on the right to disclaim are the other acts performed and the conditions in TMK Art. 610. The time that has passed after obtaining the certificate and any interference with the estate should also be assessed.
A certificate of inheritance and certain protective applications can be made by a single heir. The transfer of a specific estate asset, the management of the community of heirs or partition does not rest on the same authority. Where necessary, the appointment of a representative for the community of heirs and the appropriate route of action are assessed.
Learning of a debt later does not, in every case, start a new three-month period. The learning of heirship, insolvency at the time of death, interference with the estate and the conditions for granting a time limit for an important reason are examined separately. A deemed disclaimer is not applied automatically whenever a debt comes to light.
Being made in official form does not remove the possibility of annulment entirely. Capacity, intent, form and the other statutory grounds for annulment, and the time limits, are examined on the basis of the specific evidence. Merely being dissatisfied with the outcome is not a ground for annulment.
A foreign document is not presumed to be automatically valid in every land registry and bank procedure in Türkiye. By examining the type of document, the country, the conventions and the assets, the document or application required before Turkish authorities is determined.
Legal representation, conflict of interest, a curator and the necessary permissions are assessed. A parent acting in the same estate also for his or her own share may require a separate examination of the conditions for representing the child.
No single duration can be given. The number of parties, service of process, foreign documents, land registry and bank records, on-site examination, experts and the stages of appeal affect the duration. In the initial review, a procedure plan specific to the file and its uncertainties can be explained.
Depending on the type of procedure and a suitable power of attorney, many applications can be carried out through representation. Procedures requiring personal attendance, special authority, translation or certification are determined separately; it is not promised that all stages will be completed remotely.
Family ties, personal status and preliminary issues of heirship.
Explore our family law servicesThe surviving spouse’s claims arising from the matrimonial property regime.
Explore our services on liquidation of the matrimonial property regimeLand registry, immovable property and ownership disputes.
Explore our real estate law servicesForeign documents and legal procedures connected to Türkiye.
Explore our international legal servicesPublished by: Güneş & Güneş Law Firm · Content updated: . The information on this page is general in nature; it does not constitute a legal opinion specific to you or an assurance of any outcome.
You can briefly tell us about your need concerning heirship, an indebted estate, a will, succession transfer or partition. If you have received a notification or a time limit is running, state it in your first communication.
We address the legal nature of the claim, the known assets and debts, the documents to be examined and the possible routes of application. The scope of the service, representation and fee conditions are clarified.
+90 531 883 33 88First response within 48 hours. This period is not a time limit given for reviewing the file or for the conclusion of a lawsuit; statutory time limits must be observed separately.
Information and documents you share are used, in accordance with the principles of confidentiality and personal data protection, for legal assessment and procedures within the scope of the authorization. Submitting a request does not by itself begin an attorney–client relationship, acceptance of the matter or time-limit tracking. You can review the privacy notice.