Edirne · Legal information
Inheritance in Turkey: Certificate of Inheritance, Renunciation and Partition
After the death of a relative, the first things heirs need to do are to obtain a certificate of inheritance, find out whether the estate has debts and, if necessary, renounce the inheritance within the three-month period.
Key facts
- Certificate of inheritance
- Obtained from a notary or the civil court of peace (Turkish Civil Code, Art. 598)
- Renouncing the inheritance
- By a declaration to the civil court of peace within 3 months of learning of the death (Art. 606)
- Action for reduction (tenkis)
- 1 year from learning that the reserved share was infringed, and in any case within 10 years (Art. 571)
- Partition (ortaklığın giderilmesi)
- Applying to a mediator before filing the case is mandatory (Law No. 6325, Art. 18/B)
- Law No. 7589
- Where all co-owners acquired the property by inheritance and there are no third-party co-owners, the first round of bidding in a sale to end co-ownership is held once only among the co-owning heirs (Enforcement and Bankruptcy Law, Art. 114)
First steps after a death
- Certificate of inheritance (mirasçılık belgesi): obtained from a notary or the civil court of peace. Procedures at banks, the land registry and other institutions are carried out with this certificate.
- The state of the estate: bank accounts, loans, enforcement files and tax debts are checked.
- Deciding whether to renounce: if the estate has debts, a declaration of renunciation can be made to the civil court of peace within three months of learning of the death.
- Inheritance tax return: submitted to the tax office within the period set by law.
Reserved shares and the action for reduction
If the deceased infringed the heirs’ reserved share (saklı pay) through a will or through gratuitous transfers made during their lifetime, the heirs entitled to a reserved share can file an action for reduction (tenkis davası). Descendants, parents and the spouse are heirs with a reserved share.
Partition of inherited property
If the co-owners of inherited real estate cannot agree on how to share it, a partition case (ortaklığın giderilmesi davası) is filed. Applying to a mediator first is mandatory for this case. If the property cannot be divided in kind, the court orders partition by sale.
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Frequently asked questions
Will my father’s debts pass to me?
As a rule, heirs who do not renounce the inheritance are liable for the debts of the estate. Where the deceased was clearly or officially insolvent at the date of death, the inheritance is deemed to have been renounced. If you suspect the estate has debts, renunciation within three months, or a request for an official inventory within one month (Art. 619), should be considered.
I renounced the inheritance. What happens to the other heirs?
The share of the heir who renounces passes to those entitled as if that heir had died before the deceased: to the heir’s own descendants or, if there are none, to the other heirs (Art. 611). If all the closest heirs renounce, the estate is liquidated by the civil court of peace under the rules of bankruptcy. The decision to renounce should therefore be considered together within the family.
What if the deceased transferred a house to one child and presented it as a sale?
In this situation, known in Turkish practice as muris muvazaası, if a gift was presented as a sale in order to deprive the other heirs of their inheritance, the other heirs can file a case for cancellation of the title deed and registration. In this case, proving the real intention is decisive.
We cannot agree on how to share an inherited field. What can we do?
If the co-owners cannot agree, the route is partition (ortaklığın giderilmesi, also known as izale-i şuyu), and a mediator must be approached first. If the property cannot be divided in kind, it is sold and the proceeds are shared. Under Law No. 7589, where all co-owners are heirs and there are no third-party co-owners, the first round of bidding in such a sale is held once only among the co-owning heirs.
I live abroad. Can the inheritance in Turkey be dealt with without me travelling?
In many cases, yes. Heirs living abroad can give a power of attorney to a lawyer in Turkey at a Turkish consulate, or before a local notary with an apostille and a sworn Turkish translation. Some steps, such as a sale at the land registry, may have their own requirements, which are checked case by case.
Legal basis and official sources
- Turkish Civil Code No. 4721, Art. 495–682 (Turkish, mevzuat.gov.tr)
- Law No. 6325 on Mediation in Civil Disputes, Art. 18/B (Turkish, mevzuat.gov.tr)
- Official Gazette, 31.07.2026 – Law No. 7589 (Enforcement and Bankruptcy Law, Art. 114) (Turkish)
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The information on this page is general and is not legal advice. Laws and court decisions change; every case must be assessed on its own facts.