Understanding inheritance law in Turkey represents one of the most important parts of the legal field. Indeed, inheritance law in Turkey touches on very complicated areas.
Introduction
Inheritance law represents one of the most intricate and vital areas of Turkish private law. It plays a central role in regulating the transfer of assets, protecting family rights, and managing succession—both for Turkish citizens and foreign nationals with assets in Turkey. Due to its technical nature and multi-layered structure, navigating inheritance law in Turkey often requires careful legal analysis and expert guidance.
This article provides an overview of the legal framework, core principles, and procedural steps governing inheritance in Turkey, offering practical insights for individuals and families involved in succession matters.
Key Insights and Expert Guidance
Generally speaking, Turkish Inheritance Law principles are basically articulated in two core legal texts:
- Turkish Civil Code numbered 4721
- Act on Private International and Procedural Law numbered 5718
What is the meaning of forced share [saklı pay in Turkish] under Inheritance Law in Turkey?
Forced share is accepted to mean the right to receive a definite part of decedent's assets. It is also named as "statutory share" or "reserved portion" in most jurisdictions. It is considerable to understand that Turkish inheritance norms require the recognition of family members' forced share including children.
The forced|reserved|statutory share is a legal mechanism designed to protect significant family members including children, spouses and parents. It requires the protection of a minimum statutory portion of the testament assets that the deceased cannot have a free will to dispose of.
What are the rules for inheritance in Turkey?
Turkish Civil Code stipulates among others
- asset transfers,
- legal liabilities including taxation obligations,
- regulatory rights,
- legal heirship [yasal mirasçılık in Turkish]
- assigned heirships [atanmış mirasçılık].
Inheritance law in Turkey is articulated in the Turkish Civil Code numbered 4721 and further supplemented by the Act on Private International and Procedural Law numbered 5718 for international matters.
Turkish inheritance attorneys should duly understand and absorb the standards for Turkish succession laws for handling complex inheritance procedures. Pi Legal Consultancy Istanbul lawyers and Ankara lawyers are very skillful to assist in the necessities of Turkish inheritance proceedings.
Who Are the Legal Heirs Under Turkish Law?
According to the Turkish Civil Code, the legal heirs of a deceased person include:
Descendants (children, grandchildren)
Ascendants (parents, grandparents)
The surviving spouse
What is the inheritance formula in Turkey pursuant to Inheritance Law in Turkey?
Under Article 497 of the Turkish Civil Code, legal heirs of the deceased are
- descendants,
- mothers and fathers,
- surviving spouses.
How do I claim my inheritance from Turkey according to Inheritance Law in Turkey?
According to Article 505, a deceased who has descendants, parents or spouse as heirs may dispose of the remaining portion of his/her inheritance, excluding reserved shares|reserved portion (saklı pay in Turkish), upon death. Under Article 506, surviving wives, children and parents have reserved portions.
Legal or assigned heirs have a right to apply to the Court to receive a certificate of inheritance [verasetname|mirasçılık belgesi in Turkish]. That plays a vital role upon transferring testament assets to legal or assigned heirs.
What are the main Inheritance Procedures in Turkey under Inheritance Law in Turkey?
-Obtaining the Death Certificate:
This document, issued by Turkish or foreign authorities, is required to initiate inheritance proceedings.
-Obtaining the Certificate of Inheritance:
Establishes the legal heirs and their shares, enabling the estate's distribution.
-Paying Taxation:
Inheritance tax based on asset transfer is calculated and paid before the estate is transferred.
-Transfer of Assets:
Immovable property ownership is transferred at the Land Registry Office.
Financial assets are released from frozen accounts following probate processes.
Take a look at for full procedures to our Practice Area called "Inheritance"
Do you inherit debt in Turkey according to Inheritance Law in Turkey?
In accordance with Article 599, legal heirs are responsible for all debts of the deceased. But any inheritance shares may be rejected within the period of three months.
Conclusion
In conclusion, inheritance law in Turkey is deeply rooted in the principles of family protection, testamentary balance, and procedural fairness. Inheritance law in Turkey requires an embracing analysis of among others, Turkish Civil Code numbered 4721 and the Act on Private International and Procedural Law numbered 5718. In the light of the above-mentioned considerations, "the certificate of inheritance" represents one of the key documents. "Forced share" is also a significant term to govern probate proceedings in Turkey. Given the complexity of succession laws and the interplay of national and international elements, a comprehensive legal guidance is a necessary contribution for tracing such procedures properly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
