Inheritance, succession and dividing the estate
From the certificate of inheritance to renunciation, partition, reduction claims and sham transfers, we assist with the legal steps that follow the loss of a relative.
Inheritance law determines to whom, and in what shares, a person's assets and debts pass after death. As family relationships are involved, these processes call for a clear and balanced approach. Our office is in Üsküdar; matters such as certificates of inheritance and partition are mostly heard by the civil courts of peace (sulh hukuk mahkemesi) at the Istanbul Anadolu Courthouse.
The first step is usually the certificate of inheritance (veraset ilamı or mirasçılık belgesi, Turkish Civil Code art. 598). Where the heirs are clear from the civil registry, a notary can issue it; where there is a foreign element, incomplete registry records or a matter requiring adjudication (such as a will or an adoption), the application goes to the civil court of peace. The certificate is needed for transferring title deeds, accessing bank accounts and filing the inheritance tax return.
If you suspect the estate's debts exceed its assets, watch the deadline: statutory heirs may renounce the inheritance (mirasın reddi) by a declaration to the civil court of peace within three months of learning of the death (arts. 605–609). An heir who does not renounce in time is deemed to have accepted, and taking possession of estate assets can also cost the right to renounce.
If the heirs cannot agree on the division, an action for partition (ortaklığın giderilmesi) is filed, and mediation is mandatory before suing. Heirs whose reserved share has been infringed by a will or lifetime gifts can bring a reduction claim (tenkis), and transfers disguised as sales to cut heirs out can be challenged in a title deed cancellation action based on collusive transfer (muris muvazaası). We also advise people who want to prepare a will or an inheritance agreement during their lifetime.
When you may need this
- A relative has died and you need a certificate of inheritance for title deed, bank or tax procedures.
- One of the heirs lives abroad, is a foreign national, or the registry records are incomplete, so a notary cannot issue the certificate.
- You believe the deceased's debts exceed the assets and you are considering renouncing the inheritance.
- You and your siblings or other heirs cannot agree on how to divide a house, plot or field left by a parent.
- The deceased transferred property to one heir or a third party as a recorded sale during their lifetime, and you believe it was not a real sale.
- Because of a will or a gift, you were left less than the reserved share the law guarantees you.
- You want to make a will and decide in advance how your assets will be divided after you.
How the process works
- 01
Identifying heirs and the estate
We identify the heirs from the civil registry and the estate (assets and debts) from title deed, bank and vehicle records. Where needed, we obtain the certificate of inheritance from a notary or the civil court of peace.
- 02
Checking deadlines
At the outset we calculate the three-month renunciation period, the statutory deadline for the inheritance tax return and any limitation periods for lawsuits. If necessary, we request an inventory or protective measures for the estate.
- 03
Settlement and mediation
We assess whether the heirs can reach agreement. Before a partition case we conduct the mandatory mediation; if it succeeds, an estate division agreement can be drawn up.
- 04
Litigation
Without agreement, we file the partition, reduction, collusive transfer, will annulment or certificate annulment action. In these cases the value of the assets is determined through site inspection and expert reports.
- 05
Division and land registry
The court orders physical division where possible, otherwise a sale, with the proceeds distributed according to the shares. We follow up the land registry and auction steps under the final judgment.
Services in this area
- Obtaining and annulling certificates of inheritance01
- Renunciation and declaration of renunciation for insolvent estates02
- Partition of co-owned inherited property and division of the estate03
- Drafting estate division agreements04
- Reduction and reserved share claims05
- Title deed cancellation actions for collusive transfers06
- Drafting wills and inheritance agreements; annulment of wills07
- Estate inventory, waiver of inheritance and procedures for foreign heirs08
Documents worth bringing
- Death certificate or civil registry extract of the deceased
- Any certificate of inheritance obtained earlier
- ID details of the heirs and addresses of those living abroad
- Title deeds, vehicle registrations and bank account details
- Documents on known debts: enforcement files, loans, credit cards
- Any will, inheritance agreement or gift documents
- For collusive transfer claims, the title deed records and sale documents of the transfer
How fees and costs are determined
Under article 164 of the Attorneys Act (Law No. 1136), the fee is set in a written fee agreement and cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. Non-contentious work such as obtaining a certificate of inheritance does not require the same effort as partition, reduction or collusive transfer litigation; in contentious cases the fee is often shaped by the value of the disputed assets. The current tariff is published at tbb.org.tr.
Court fees and a cost advance are paid in addition; in reduction and title deed cancellation cases the court fee is proportional to the value of the claim. Real estate cases involve site inspection and expert costs, a notarial certificate of inheritance involves a notary fee, and land registry transfer and tax procedures carry their own fees. Mediation is mandatory before a partition case; if no agreement is reached, the mediator's fee is generally paid by the state and later added to the court costs. The losing party may be ordered to pay the other side's court costs and a statutory attorney fee; in partition cases, costs are usually shared among the co-owners in proportion to their shares.
Frequently asked questions
What is a certificate of inheritance and where do I get one?
A certificate of inheritance (veraset ilamı) lists the heirs of the deceased and their shares. If the heirs are clear from the civil registry, any notary in Turkey can issue it. If an heir is a foreign national, the records are incomplete or there is a will, the application must be made to the civil court of peace.
How do I renounce an inheritance in Turkey, and what is the deadline?
Statutory heirs renounce by a written or oral declaration to the civil court of peace within three months of learning of the death, and the renunciation must be unconditional. After that the inheritance is deemed accepted and the heir may become liable for the debts. If the estate was clearly insolvent at the time of death or this was officially established, the inheritance is deemed renounced, and a court can be asked to confirm this.
How is an estate divided if one parent dies and the other is alive?
If the deceased had children, the surviving spouse receives one quarter of the estate and the children share the remaining three quarters equally (arts. 495, 499). Sons and daughters inherit equal shares. The share of a child who died earlier passes to that child's own children.
How long does a partition case take?
There is a mandatory mediation stage before filing. Afterwards, the duration depends on the number of heirs, service of documents (especially on heirs abroad), and site inspections and expert reports; many cases conclude within one to two years. Once the judgment is final, the sale itself takes additional time.
Which law applies when a foreigner dies with property in Turkey?
Under Turkish private international law (Law No. 5718, art. 20), succession is generally governed by the deceased's national law, but immovable property located in Turkey is subject to Turkish law. Foreign heirs usually need a court-issued certificate of inheritance, and foreign documents must be apostilled and translated by a sworn translator.
When can a reduction claim (tenkis) be filed?
If the deceased infringed an heir's reserved share through a will or lifetime gifts, a reduction claim can be filed. For descendants the reserved share is half of their statutory share; siblings have no reserved share. The claim must be brought within one year of learning of the infringement and in any case within ten years of the opening of the will or of the succession (art. 571).
Can inheritance procedures be done without a lawyer?
Non-contentious steps such as obtaining a certificate of inheritance, transferring title deeds and filing the tax return can often be done without a lawyer. Where heirs disagree, the estate is insolvent, an heir is foreign or there were suspicious lifetime transfers, deadlines and evidence become important, and legal advice is worthwhile.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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