How to Share Inheritance in Turkey?

In Turkey, the distribution of an estate after an individual's death is a structured process, governed by the Turkish Civil Code. This ensures that the assets left behind by the deceased are allocated among family members and close relatives in a fair and lawful manner. Here's a detailed exploration of how inheritance distribution works in Turkey, addressing the specifics of legal heirs, distribution ratios, and the procedures involved, all while aiming for originality in response and clarity in explanation.

What Is Inheritance Distribution and How Is It Conducted?

Inheritance distribution, or the allocation of a deceased person's assets among rightful heirs, is performed according to predetermined legal guidelines. These guidelines stipulate that the primary beneficiaries of an estate are the deceased's descendants and spouse. Should the spouse be alive, the estate is divided between the spouse and the children. Descendants include children, grandchildren, and great-grandchildren, all of whom, along with the spouse, are entitled to equal shares of the inheritance.

In cases where the spouse is deceased, the entire estate is transferred to the descendants. If any descendant has predeceased the estate owner, their share is passed down to their offspring. If there are no living relatives or named beneficiaries in a will, the estate defaults to the state.

Legal Heirs as Defined by Inheritance Law

Turkish Inheritance Law specifies a hierarchy of legal heirs, including:

Blood relatives

Adopted children and their descendants

The spouse of the deceased

The state

These heirs are recognized by law and are entitled to a portion of the estate as defined by legal statutes.

Inheritance Distribution Ratios

The law prescribes specific ratios for inheritance distribution. If the deceased's spouse is alive, they are entitled to one-quarter of the estate. The remainder is evenly distributed among the descendants. Should the deceased have been divorced, the former spouse does not inherit, and the entire estate is divided among the descendants. If the spouse is a co-heir with the deceased's parents, they directly inherit half of the estate, with the remaining half split between the parents or their descendants if the parents are deceased.

Where Is Inheritance Distribution Conducted?

The inheritance distribution agreement can be formalized at the Land Registry Office, though this is not mandatory. The agreement can also be executed in the presence of a notary by all heirs.

Inheritance Certificate

A crucial element in inheritance distribution is the inheritance certificate, issued by a court to legal heirs, validating their right to the estate. Without this certificate, an individual cannot claim their inheritance share. This document remains valid until proven otherwise—that is, until it is legally established that the individual is not an heir.

When Can Inheritance Be Disclaimed?

Heirs have a three-month period from the date of the deceased's death to disclaim the inheritance. This period may be extended by a court if an heir was unaware of the inheritance or the death and can prove such ignorance.

Can the Period for Disclaiming Inheritance Be Extended?

Yes, the period for disclaiming an inheritance can be extended based on valid reasons presented to a Civil Court of Peace. Heirs must submit their disclaiming petition within this extended timeframe. Failure to act within this period results in the legal acceptance of the inheritance.

Through these structured processes, inheritance distribution in Turkey ensures that the assets of the deceased are allocated according to both legal stipulations and the wishes of the deceased, providing clarity and fairness to the surviving heirs.