How is Inheritance Shared? The Role of the Certificate of Inheritance and the Will

The passing of a relative is the beginning of an emotionally challenging process. This process is followed by legal procedures regarding how the assets (estate/tereke) of the deceased will be shared among legal heirs. Inheritance law contains rules ensuring this division is carried out fairly and orderly. From the first steps to be taken at the beginning of the process to the effect of the will and how the inheritance will be actually divided, there are many important details to know. In this article, we summarize the basic steps and main concepts of the inheritance sharing process for you.

First and Mandatory Step: Obtaining a Certificate of Inheritance

To start the inheritance sharing process, the first and most important step is to obtain a Certificate of Inheritance (also known as “Veraset İlamı”).

• What is it? This is an official document showing who the legal heirs are and what share of the inheritance they will receive (inheritance share rates).

• Why is it Necessary? Without this document, heirs cannot access the deceased’s money in the bank, transfer real estate at the title deed office, or perform any official transactions.

• Where to Get It? Any of the legal heirs can apply to a Notary Public or the Civil Court of Peace (Sulh Hukuk Mahkemesi) to obtain this document.

Who Are the Heirs? (Legal Heirship)

If the deceased does not have a will, the heirs and their shares are determined according to the Turkish Civil Code. This system is called the “parental system” (zümre sistemi).

• First Group (Zümre): The deceased’s children and grandchildren (descendants). Children receive equal shares of the inheritance. If one of the children has passed away, their share passes to their own children (i.e., the grandchildren of the deceased).

• Second Group: The deceased’s mother and father. If there are no heirs in the first group (no children or grandchildren), the inheritance goes to the mother and father. If one of them has passed away, their share passes to their descendants (i.e., the deceased’s siblings, nephews/nieces).

• Third Group: The deceased’s grandparents. If there is no one in the first two groups, the inheritance goes to them.

Status of the Surviving Spouse: The surviving spouse becomes an heir together with these groups, and their share changes according to who they inherit with:

• With the First Group (Children): Receives 1/4 of the inheritance.

• With the Second Group (Parents): Receives 1/2 (half) of the inheritance.

• With the Third Group (Grandparents): Receives 3/4 of the inheritance.

• If there are no heirs in any group, the entire inheritance remains with the surviving spouse.

Role and Limits of the Will: “Reserved Portion”

A person may want to leave their assets to persons other than legal heirs or in different proportions by drawing up a will while alive. However, this freedom is not unlimited. The law protects the rights of certain legal heirs with the “Reserved Portion” (Saklı Pay).

• Heirs with Reserved Portions: The deceased’s descendants (children, grandchildren), mother, father, and surviving spouse.

• Meaning: The testator cannot touch the reserved portions of these persons in their will. For example, even if a person wants to donate all their assets to a foundation, the portion corresponding to the reserved share of their children and spouse must remain with them. Heirs whose reserved portions are violated can claim their rights by filing a “lawsuit for reduction” (tenkis davası).

Actual Division of Inheritance (Partition)

After the certificate of inheritance is obtained and heirs are determined, all heirs have “joint ownership” over the estate. This means that no heir can sell a property or dispose of it alone. There are two ways for division:

1. Agreed Division: This is the ideal way. The heirs come together and agree on who gets which property, and they formalize this agreement with a written “Inheritance Division Agreement.”

2. Division via Lawsuit: If the heirs cannot agree, any of them can apply to the court and file a “Dissolution of Partnership Lawsuit” (İzale-i Şuyu). In this case, the court decides how the sharing will be done. If division in kind is not possible (e.g., if there is only one house), the court usually decides to sell the property and divide the proceeds among the heirs in proportion to their shares.

Conclusion Inheritance sharing is a process involving sensitive and technical details. Especially in cases where there are multiple heirs, a will exists, or the assets are complex, disputes are likely to occur. Getting support from an inheritance law lawyer from the very beginning of the process ensures that legal procedures operate correctly and protects the rights of all heirs by preventing family disputes from escalating.