Intestate Succession in Turkey

Table of contents

• What is intestate succession?
• What are the classes of heirs (Zümre) under Turkish inheritance law?
• What is the legal position of the surviving spouse?
• What happens if there are no heirs?
• What special rules apply to inheritance in Turkey?
• What is the practical significance of intestate succession?

What is intestate succession?

Intestate succession (yasal mirasçılık) governs to whom and in what proportions the estate of a deceased person is distributed where no testamentary disposition — i.e. no will or contract of inheritance — exists, where such a disposition is invalid, or where it does not cover the entire estate. The principal provisions on intestate succession are found in the Fourth Book of the Turkish Civil Code (Türk Medeni Kanunu, TMK), in particular Articles 495–501. Further provisions of practical relevance include the rules on reserved shares (Art. 506 TMK), the inheritance law consequences of divorce (Art. 181 TMK), and unworthiness to inherit (Art. 578 TMK).

Turkish inheritance law was adopted on the basis of the Swiss Civil Code (ZGB) as part of the major legal reforms of the 1920s, and this structure has been preserved to the present day. The system is based on the parentel system (zümre sistemi), which classifies the blood relatives of the deceased into hierarchically ordered groups. Heirs in a subsequent group only inherit where there are no heirs in the preceding group.

Intestate succession is of considerable practical importance, as it applies whenever no valid testamentary disposition exists or to the extent that an existing disposition does not cover the entire estate. It also forms the basis for the calculation of reserved shares (saklı pay), which must generally be respected in testamentary dispositions.

What are the classes of heirs (Zümre) under Turkish inheritance law?

Turkish inheritance law distinguishes three classes of heirs (zümre), which are ranked in a fixed order of priority. A prior class generally excludes subsequent classes from the inheritance.

First Class of Heirs (Birinci Zümre) – Art. 495 TMK

The first class comprises the descendants of the deceased, i.e. their children. Children inherit in equal shares. Where a child has predeceased the decedent, that child's descendants (grandchildren, great-grandchildren) take their place (principle of representation). No distinction is made between children born in or out of wedlock, provided that filiation has been legally established. Adopted children and their descendants inherit from the adoptive parent as if they were relatives by blood; the adopted child's right to inherit from their biological family also continues.

Example

The deceased leaves three children (A, B, C). Child B predeceased the decedent and has two children of their own (B1, B2). The estate is distributed as follows: A receives 1/3, C receives 1/3, and B1 and B2 each receive 1/6 (B's share).

Second Class of Heirs (İkinci Zümre) – Art. 496 TMK

Where there are no descendants, the estate passes to the parents of the deceased. The father and mother inherit in equal shares (1/2 each). Where one parent has predeceased the decedent, that parent's descendants — i.e. the siblings of the deceased or their children — take their place.

Example

The deceased has no children. Their mother is alive; their father has predeceased them. The father has another son (the deceased's brother). The mother receives 1/2, and the brother receives the other half (in place of the predeceased father).

Third Class of Heirs (Üçüncü Zümre) – Art. 497 TMK

Where there are no heirs in the second class either, the grandparents of the deceased form the third class of heirs. The paternal and maternal grandparents inherit in equal shares. The principle of representation applies here as well: predeceased grandparents are represented by their descendants. However, where a surviving spouse exists, intestate succession in the third class is limited to the grandparents and their children; more remote descendants, such as the deceased's cousins, do not inherit alongside the surviving spouse.

Important: Unlike certain European legal systems, Turkish law does not recognise a fourth class of heirs (great-grandparents). The line of succession ends with the third class. Where there are no heirs in any of the three classes and no surviving spouse, the estate passes to the State (Art. 501 TMK).

Overview of the Classes of Heirs

What is the legal position of the surviving spouse?

The surviving spouse holds a special position under Turkish inheritance law. Although not a member of any of the three classes, the spouse inherits alongside the respective relatives by blood. The size of the spouse's share depends on which class of heirs inherits concurrently (Art. 499 TMK):

Note: The surviving spouse's position under inheritance law must be assessed independently of the matrimonial property regime. Since 2002, the statutory matrimonial property regime in Turkey has been the regime of participation in acquired property (edinilmiş mallara katılma rejimi). Upon death, the matrimonial property regime is first liquidated; as a result of this liquidation, a participation claim may arise in favour of the surviving spouse. The distribution of the estate takes place only after the liquidation of the matrimonial property regime. In practice, this can lead to significant shifts in the economic outcomes.

Divorce or a court decision annulling the marriage generally terminates the spouse's right to inherit. Where divorce proceedings are pending at the time of death and the heirs of the deceased spouse continue the proceedings, the surviving spouse loses their statutory right to inherit under Art. 181 TMK if their fault is established.

What happens if there are no heirs?

Where there are no heirs in any of the three classes, no surviving spouse, and no testamentary disposition left by the deceased, the entire estate passes to the State (Art. 501 TMK). The State acquires the estate as the statutory heir by operation of law.

In practice, such cases are rare but are gaining increasing importance, particularly where foreign nationals hold assets in Turkey and the heirs cannot be identified abroad or the inheritance is renounced.

What special rules apply to inheritance in Turkey?

Equal treatment of all children

Turkish law treats children born in and out of wedlock equally in the context of intestate succession, provided that filiation has been conclusively established by recognition or court decision. Likewise, adopted children and their descendants inherit from the adoptive parent as if they were relatives by blood; the adopted child's right to inherit from their biological family also continues.

Unworthiness to inherit

Turkish law provides for the concept of unworthiness to inherit (mirastan yoksunluk, Art. 578 TMK). Persons who are unworthy to inherit include, in particular, those who have intentionally and unlawfully killed or attempted to kill the deceased; those who have intentionally and unlawfully rendered the deceased permanently incapable of making a testamentary disposition; or those who, through deception, coercion, or threats, have caused or prevented the deceased from making or revoking a testamentary disposition. The same applies to persons who have intentionally and unlawfully destroyed or invalidated a testamentary disposition.

Unworthiness to inherit takes effect by operation of law as a matter of principle; however, in contested cases, a judicial determination may become relevant. Unworthiness ceases to apply where the deceased has forgiven the person concerned.

No intestate succession for unmarried partners

Unlike certain European legal systems, Turkish law does not provide for a statutory right of inheritance for unmarried cohabiting partners. Anyone wishing to protect their partner under inheritance law must do so by way of a testamentary disposition (will or contract of inheritance), bearing in mind the reserved share rights of the statutory heirs.

What is the practical significance of intestate succession?

As testamentary dispositions are frequently absent in practice, intestate succession is of great importance in day-to-day advisory practice. This is particularly evident in cross-border inheritance matters where foreign nationals own real estate, bank assets, or company shares in Turkey.

Knowledge of the rules of intestate succession is also essential where voluntary estate planning — for example through a will or contract of inheritance — is envisaged. The statutory inheritance shares form the basis for the calculation of reserved shares (saklı pay), which must be taken into account in any estate planning. Under Art. 506 TMK, the reserved share for descendants is one half of the statutory inheritance share, and for each parent one quarter of the statutory inheritance share. For the surviving spouse, the reserved share amounts to the entire statutory inheritance share where the spouse inherits alongside descendants or the parental class; in all other cases, three quarters of the statutory inheritance share.

Forward-looking estate planning that takes the rules of intestate succession into account can help prevent disputes among heirs and ensure an economically sound transfer of assets.

For individual legal advice on intestate succession and estate planning in Turkey, please contact our law firm directly.

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