For inheritance, what is decisive is not the biological claim alone but the filiation (soybağı) legally established. A paternity ruling, an acknowledgment or a disavowal of filiation can change who counts as an heir, the shares and a certificate of inheritance that has already been issued. A suitable filiation lawsuit may also arise after the death of the decedent. However, the right to sue, the parties and the time limits differ for each type of action.
In particular, the 2024 amendments to the law and the Constitutional Court's annulments of time-limit provisions must be taken into account. Generalisations such as "a paternity action must be brought within one year of birth for everyone" or "the mother cannot request the disavowal of filiation" do not reflect current law. This article explains how the consequences of filiation apply to the estate. [Source 1]
How does filiation determine heirship?
The bond between a child and the mother arises by birth. A bond with the father may be established through marriage to the mother, through acknowledgment or through a court judgment; adoption is a separately regulated route. The population register entry is an important indicator of this relationship, but a discrepancy in the register and the alteration of an existing legal filiation are not the same lawsuit. [Turkish Civil Code (TMK) Art. 282; Source 1]
A child whose filiation with the father has been established is a descendant heir of the father, even if born outside marriage. Birth within or outside marriage does not create a different statutory share for an established filiation. The share of the descendants' class and the rules on inheritance alongside a surviving spouse apply. [TMK Arts. 495, 498–499; Source 1]
Hypothetical example: If the decedent leaves a spouse and two children whose filiation is established, the spouse's share is one quarter and each child's share is three eighths. If a third person is later determined by law to be a child, and no other special circumstance exists, the spouse's one-quarter share is preserved, the remaining three quarters are divided among three children, and each child receives one quarter. The fact that the estate has already been distributed raises a separate question about how this new calculation is actually applied.
Which route applies in which situation?
| Current situation | Route to consider | Basic consequence for inheritance |
|---|---|---|
| No legal bond yet between the child and the father | Appropriate acknowledgment or paternity action | A basis for the father's inheritance rights can be established |
| The mother's husband is regarded as the father because of the marriage | Disavowal of filiation | The existing presumption of paternity is removed; a separate bond with another father is established |
| Filiation rests on an acknowledgment | Annulment of the acknowledgment | If a valid acknowledgment ceases to exist, inheritance rights are reassessed |
| An incorrect material fact has been recorded in the population register from the outset | Correction of the register entry or a filiation action, depending on the nature of the record | The court and the parties are determined according to the correct type of action |
| The problem arises from an adoption relationship | Review of the adoption decision and its special provisions | The special inheritance regime of TMK Art. 500 applies |
If the child has a filiation with another man, a new acknowledgment cannot be made unless that bond is invalidated. A DNA report on the biological father does not, on its own and outside the population registry process, erase an existing legal bond. A suitable court decision and registry procedures are required.
Can a paternity action be brought after the father's death?
The mother and the child may request a court determination of paternity. If the father is alive, the action is brought against him; if he has died, it is brought against his heirs. For the Office of the Chief Public Prosecutor (Cumhuriyet Başsavcılığı), the Treasury, the mother or the trustee to be notified of the action, the provisions of TMK Art. 301 are observed. Naming a deceased person as a defendant as if he were alive causes a problem of parties; the current chain of heirs must be determined.
The action is heard in the family court (aile mahkemesi); where there is no family court, the civil court of first instance assigned to such matters acts as a family court. In filiation actions, jurisdiction is assessed under TMK Art. 283, which refers to the place of residence of one of the parties at the time of the action or of the birth. The estate file opened in the decedent's last place of residence does not replace all the jurisdiction and venue rules of a filiation action. [Sources 1–3]
The mother and the child do not have the same time limits
The mother has a one-year time limit, running from birth, to bring a paternity action. If the child is bound to another man by filiation, the relevant time limit is assessed from the removal of that bond. If there is a reason justifying the mother's delay, a special one-month period starts from the cessation of that reason.
The former time-limit provision for the child's paternity action has been annulled by the Constitutional Court (Anayasa Mahkemesi); the final paragraph of TMK Art. 303 on delay is also within the scope of the annulment as regards the child. Therefore the mother's one-year or one-month period cannot be applied to the child as it stands. However, this does not mean that any inheritance, debt, refund or land registry claim raised later is without time limit. [TMK Art. 303 and the Constitutional Court decision notes in the consolidated text; Source 1]
Who may request the disavowal of filiation?
Under TMK Art. 286, as amended by Law No. 7531, the husband, the mother or the child may bring an action to disavow filiation. The action is directed against the other persons entitled to bring it. The child's representation, the conflict of interest between the parties and the need for a trustee (kayyım) are also assessed. Accounts that rely on the earlier statutory text, which did not give the mother a direct right of action, are not current.
| Claimant | General time limit and starting point | Key distinction |
|---|---|---|
| Husband | One year from learning of the birth and that he is not the father, or of the relevant relationship during the pregnancy | The former absolute five-year limit does not appear in the current text |
| Mother | One year from the birth | Direct right of action since the 2024 amendment |
| Child | At the latest one year from attaining majority | Cannot be confused with the time-limit regime for paternity actions |
| Trustee appointed for the child | One year from notification of the decision appointing the trustee | The dates of representation and of notification are important |
| Other interested persons under TMK Art. 291 | One year from learning of the birth and of the special events specified by law | The conditions of the special right of action must also be present separately |
Under TMK Art. 289, where the delay rests on a justified cause, the one-year period starts when that cause ceases. Not every statement of "I did not know" is accepted as a justified cause by itself; the facts and evidence are examined. The court assesses the period together with the family and personal dimensions of the dispute, but within the statutory limits.
Under TMK Art. 291, where the husband dies before his own time limit has expired, is declared absent, or permanently loses the capacity to discern, the person claiming to be the father and the husband's descendants, mother or father have a special right of action. These persons cannot bring an action at any time on the ground that "the share has decreased". Because of the annulment and re-regulation process of 2024, the provision in force should be read, rather than relying only on a short summary of an earlier decision. [Source 1]
How do acknowledgment and its annulment affect inheritance?
Acknowledgment may be made by a written application of the father to the population registrar or to the court, by a statement in an official deed, or by a declaration in his will. Acknowledgment in a will is different from leaving property to the same person: the first concerns filiation, the second a disposition of property upon death. The fact that a person is referred to as "my child" in a will should not be regarded as sufficient acknowledgment in every case without examining the text and the circumstances. [TMK Arts. 295–296; Source 1]
The acknowledger may bring an action for annulment against the mother and the child on grounds of error, fraud or duress. The right to sue of the mother, the child, the child's descendants after the child's death, the Chief Public Prosecutor, the Treasury and other interested persons is regulated in TMK Arts. 298–299. If the acknowledger has died, the action is directed against his heirs. The reason why the claimant may question the filiation, and the burden of proof, must be clearly determined.
Under TMK Art. 300, the acknowledger and other interested persons have a one-year period running from learning of the matter, and a five-year period running from the acknowledgment; for the child, a one-year period runs from attaining majority. A special opportunity of one month, running from the end of the reason justifying the delay, also exists. These are not the same as the time limits for disavowal of filiation or for paternity actions.
DNA examination and other evidence
In filiation proceedings the judge investigates the material facts on his own initiative. Population and birth records, dates of marriage and separation, the pregnancy period, witnesses and scientific examinations are assessed together. The identity verification, the sampling procedure and the security of the evidence are important in a DNA examination. A test obtained privately may not, on its own, satisfy all the procedural safeguards the court requires.
In its decision of 6 November 2024, E.2024/5895, K.2024/8360, the Court of Cassation's 2nd Civil Chamber (Yargıtay 2. Hukuk Dairesi) stressed the application of Art. 292 of the Code of Civil Procedure (HMK) to DNA examination. The court's reversal was based on the fact that the first-instance court reached its result solely on the other existing evidence, without completing the necessary examination, which was harmless to health, in the manner prescribed by law. The decision is used here for the method of proof; it is not taken as the source of the provisions on the right to sue, which have changed since its date. [Source 4]
Refusal to take part in an examination does not automatically produce the result "paternity accepted" or "action dismissed" in every case. The obligation required by law, the decision and the application procedure are followed. If the father has died, the possibilities of examination using a suitable biological sample or relatives depend on expert assessment; exhumation is not a first or mandatory step in every file.
What happens to the certificate of inheritance and to an ongoing partition?
A certificate of inheritance (veraset ilamı) may have been issued on the basis of the existing filiation and population data. A final decision on filiation requires the rights of ownership stated in the certificate to be reassessed. The invalidity of the certificate may always be raised; however, the money and property claims that follow from it must be raised separately and in the proper manner. Correcting the certificate alone does not physically bring back a house that has already been transferred. [TMK Art. 598; Source 1] The certificate process for foreign heirs is dealt with separately in our article on a foreign heir obtaining a Turkish certificate of inheritance.
In an ongoing partition or an action for dissolution of co-ownership, if the shares would change as a result of the filiation, an assessment of a stay pending a preliminary question may be made under Art. 165 of the Code of Civil Procedure (HMK). The filing of a lawsuit does not automatically stop all title registry, bank and sale transactions. If there is a concrete danger, a proportionate interim measure should be requested from the competent court. The requested measure must be linked to the subject of the filiation action and to the property to be protected. [Source 2]
Heirs who are parties to a filiation action should inform the court of developments in another estate file. After a sale, a distribution of money or a transfer of title has taken place, the dispute may more often cover its parties and its claim. The case number, the finality endorsement and the population correction record must be consistent with one another in later inheritance transactions.
What claims arise if the estate was distributed earlier?
A person later determined to be an heir may, under suitable conditions, bring a claim for recovery on inheritance grounds (miras sebebiyle istihkak), an action for cancellation and re-registration of title, a claim for return, or a claim for a debt. Which route is chosen depends on whether the person holding the property is an heir or a third party, the right on which the claimant relies, the type of transfer and good faith. Not every dispute is brought under the same name and within the same time limit.
Under TMK Art. 639, the action for recovery on inheritance grounds has a one-year period running from learning of the heir status and of the good-faith defendant's possession, and a ten-year upper limit calculated from the decedent's death or the opening of the will; against persons who are not in good faith, a twenty-year period applies. A newly issued decision on filiation does not necessarily start all time limits for all claims on that date. The starting point, the type of claim and the legal effect of the acquisition must be examined in the specific case. [Source 1]
A third party's reliance on the land registry, transfers made by the apparent heir, where the sale price is, and the estate debts change the scope of restitution. The effect on a new heir of an estate partition agreement made earlier is also debated separately. Obtaining a new certificate of inheritance alone does not mean that all earlier transactions are automatically and collectively erased.
Preparing an application, costs and personal data
The file brings together complete population records, birth and marriage certificates, earlier acknowledgments or court decisions, the death certificate, certificates of inheritance and any estate files. Dates of learning, and the documents showing them, are also recorded separately for the review of time limits. Family messages and photographs must have been lawfully obtained; disclosing other people's filiation on social media should not be regarded as an ordinary part of preparing a case.
Court fees, notifications, DNA and other expert examinations, and attorney fees vary by file. If there is financial hardship, the conditions for legal aid may be assessed. The general time limit for an appeal against a first-instance decision is two weeks from notification; the nature of the decision and the information on remedies are checked. Because filiation, population record and property actions may proceed together, no single cost figure or completion date can be promised. [Code of Civil Procedure (HMK) Arts. 334 et seq., 345; Source 2]
Conclusion
In a filiation dispute, the existing legal bond and the correct action that would change it must first be determined. The rights and time limits of the mother, the child, the husband and other interested persons should be treated separately, and scientific evidence should be collected in accordance with the procedure. The effect of the decision on the certificate of inheritance, on an ongoing partition and on earlier transfers requires a second legal assessment. Determining filiation and recovering property are not the same process.
For related aspects, see our articles on the inheritance rights of an adopted child, absence and the presumption of death and cancellation of title due to concealment of an heir (ketmi verese), and to our page on inheritance law and estate proceedings.
Frequently Asked Questions
Can a child born outside marriage inherit from the father?
If filiation with the father has been lawfully established, the child is an heir as a descendant. Birth outside marriage alone is not a reason for a smaller inheritance share.
Can a paternity action be brought after the father has died?
Yes. Within the legal conditions, the action is directed against the father's heirs. The time limits and the parties are examined separately for each claimant.
Can a child bring a paternity action only within one year?
No. The former time-limit provisions for a child's paternity action have been affected by the Constitutional Court's annulments. The mother's time limits cannot be applied to the child as they stand.
Can the mother bring an action to disavow filiation?
Yes, under the current TMK Art. 286. The one-year period from birth and the provisions on justified delay are also assessed.
Can every sibling whose share has decreased request the disavowal of filiation?
No. The special right of action under TMK Art. 291 and the conditions of the event must be present. An economic interest alone does not confer an unlimited right to sue.
Can acknowledgment be made by will?
The law accepts this route. However, the intention to acknowledge and the formal requirements must be examined; leaving property to a person must be distinguished from acknowledging filiation.
Does a DNA test automatically change the population record?
No. The test is an important piece of evidence; an action consistent with the existing legal bond, a court decision and registry procedures may be required.
Does a sale of the estate stop when a filiation action is opened?
It does not stop automatically. A stay of proceedings or a suitable protective measure must be assessed under the concrete conditions.
Does a new certificate of inheritance correct an earlier distribution?
The certificate shows who holds the rights of ownership. To recover property, money or the title, a separate suitable claim and, where necessary, a lawsuit are required.
If a filiation action has no time limit, does an inheritance claim also have none?
No. The time limits for an action for recovery on inheritance grounds, for a debt claim and for other property claims are separate from those of the filiation action.
Sources and legal bases
- Law No. 4721, Turkish Civil Code (4721 sayılı Türk Medenî Kanunu), in particular Arts. 282–303, 495, 498–500, 598, 637–639; consolidated text including the amendments by Law No. 7531 and the Constitutional Court decision notes on Art. 303. Accessed 13 October 2026. Relevant annulments: Constitutional Court, 27 October 2011, E.2010/71, K.2011/143; Constitutional Court, 15 March 2012, E.2011/116, K.2012/39.
- Law No. 6100 on Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu), Arts. 165, 292, 334 et seq., 345, 389 et seq. Accessed 13 October 2026.
- Law No. 4787 on the Establishment, Jurisdiction and Trial Procedures of Family Courts (4787 sayılı Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun), Arts. 2 and 4. Accessed 13 October 2026.
- Court of Cassation, 2nd Civil Chamber (Yargıtay 2. Hukuk Dairesi), 6 November 2024, E.2024/5895, K.2024/8360; full text of the decision as accessed. Examined for the scientific examination and the proof procedure under Art. 292 of the Code of Civil Procedure (HMK).