FAQ
Inheritance — frequently asked questions
The 17 questions we are asked most about Inheritance, with answers. If you cannot find yours, write to us directly and we will answer.
Inheritance
17 questionsWhat is the time limit for renouncing an inheritance?+
You must make a written or oral declaration to the civil court of peace (sulh hukuk mahkemesi) within 3 months of learning of the death of the deceased and that you are an heir. This is a time-bar period. If it is missed, the inheritance is deemed accepted unconditionally and you become liable for the debts with your personal assets. If the estate is insolvent, “deemed renunciation” (hükmen ret) can also be raised.
My father transferred his property to my sibling. Can I claim my share?+
If the transfer is a sale on paper but a gift in reality, an action for annulment of title and registration can be brought on grounds of collusive transfer by the deceased (muris muvazaası); no limitation period runs in this action. If the transfer is a genuine gift and your reserved share has been infringed, an action for abatement (tenkis davası) comes into play; here the 1-year/10-year time limits apply. Which route is appropriate is determined by examining the land registry record, the price and the financial situation of the parties.
How do I prove that I am an heir?+
A certificate of inheritance (veraset ilamı) is obtained from a notary or the civil court of peace. If heirship is clear from the civil registry records, the notary issues the certificate; if there is a foreign element, a will or conflicting records, an application to the court is required.
Can a will completely eliminate the heirs’ shares?+
As a rule, no. Descendants, parents and the surviving spouse have a reserved share (saklı pay); benefits that infringe the reserved share are reduced through an action for abatement until the reserved share is made up. The only exception is disinheritance on a statutory ground stated expressly in the will, such as a serious crime committed against the deceased or a substantial breach of family obligations. The action for abatement must be brought within 1 year of learning of the infringement.
How is a father’s estate divided?+
If there is no will and the spouse is alive, one quarter of the estate goes to the spouse and the remaining three quarters is divided equally among the children. If the spouse is not alive, the whole estate goes to the children in equal shares. A predeceased child’s share passes to that child’s own children. There is no difference between daughters and sons.
Do siblings inherit?+
If the deceased has no children or grandchildren, the second class of heirs inherits: the mother and father. If the mother or father has died, their share passes to the deceased’s siblings. If the deceased has children, siblings cannot inherit. Siblings have no reserved share; the deceased can exclude them from the inheritance entirely by will.
How is a certificate of inheritance obtained from a notary?+
One of the heirs applies to any notary with their identity document; the notary can identify the heirs from the civil registry records and issue the certificate of inheritance on the same day. Where there is a will, a heir of foreign nationality or conflicting records, the notary cannot issue the certificate and an application must be made to the civil court of peace.
How much is inheritance and transfer tax in 2026?+
In 2026, for transfers by inheritance an exemption of 2,907,136 TL applies for each descendant and the spouse, and 5,817,845 TL for the spouse where there are no descendants. The rate on the first 3,000,000 TL above the exemption is 1%; depending on the brackets, the rate rises to 10%. Real estate is valued at its property tax value. If the heirs are in Turkey, the return is filed within 4 months of the death; the tax can be paid in 6 instalments over 3 years.
We cannot agree on dividing the estate. What can we do?+
Applying to a mediator first is mandatory; if no agreement is reached, an action for dissolution of co-ownership (ortaklığın giderilmesi) is brought. If the property cannot be divided in kind, the court orders its sale and the proceeds are distributed in proportion to the shares. If all owners of the property are heirs, in sales announced on or after 31 July 2026 the first auction is held only among the heirs and on the basis of the full estimated value.
When is an action on collusive transfer by the deceased brought?+
It is brought after the death of the deceased where the deceased transferred an asset by recording it as a sale at the land registry although they really intended a gift, with the aim of diverting property from the other heirs. There is no limitation or time-bar period in this action. The main evidence is that the sale price was not paid, that the price was far below the real value, and that the buyer lacked the means to pay.
In dissolution of co-ownership, is an inherited house first offered to the siblings?+
Under the rule introduced by Law No. 7589, if all owners of the property acquired their shares by inheritance and there is no co-owner who is not an heir, only the heirs who are owners may take part in the first auction. In this auction the bid must exceed one hundred per cent of the estimated value, and the procedure applies once. If no buyer emerges among the heirs, the second auction is open to everyone. The rule does not apply to sales announced before the law entered into force.
Is a handwritten will valid?+
Yes; however, the text must be written from beginning to end in the testator’s own handwriting, must bear a date showing the year, month and day, and must be signed. A text typed on a computer and merely signed does not count as a handwritten will. To guard against loss or concealment, the will can be deposited with a notary or a judge of the civil court of peace. If ease of proof is desired, an official will made before a notary with two witnesses is preferable.
Within what period must an action to annul a will be brought?+
The action for annulment must be brought within 1 year of the date on which the heir learned of the will, the ground for annulment and their own entitlement. In any event, the right of action lapses 10 years after the opening of the will against defendants in good faith, and 20 years against those not in good faith. For a claim of lack of capacity, hospital records and the Forensic Medicine report are decisive; if the will is not annulled, abatement can also be sought in the alternative.
Can my father disinherit me?+
Only if one of the two statutory grounds exists: a serious crime committed against the deceased or their relatives, or a substantial failure to fulfil obligations under family law. The ground must be stated expressly in the will. If an objection is made, the person benefiting from the disinheritance must prove the ground. If the ground cannot be proved, the disinherited child receives their reserved share. Even where disinheritance is valid, unless otherwise stated the share passes to the disinherited person’s children.
How can I find out the deceased’s debts before accepting the inheritance?+
Within one month of learning of the death, you can ask the civil court of peace to draw up an official inventory (resmî defter). The court summons creditors by public notice and records the assets and debts of the estate in the inventory; once the inventory is closed, you are given time to decide. If you accept on the basis of the official inventory, as a rule you are liable for the debts entered in it. During this process you should avoid withdrawing money from the estate.
How much can I receive in an action for abatement?+
The amount you can receive in an action for abatement is not your statutory share but the shortfall in your reserved share. For example, if a person survived by a spouse and two children leaves the whole of an 8,000,000 TL estate to one child, the other child’s statutory share is 3,000,000 TL and their reserved share is half of that, 1,500,000 TL. The calculation is made by an expert based on the value of the estate at the date of death; the action must be brought within 1 year of learning of the infringement.
Which court hears inheritance cases in Istanbul?+
The certificate of inheritance, renunciation of inheritance and dissolution of co-ownership are dealt with by the civil court of peace; abatement, annulment of a will and collusive-transfer actions are heard by the civil court of first instance (asliye hukuk mahkemesi). For abatement and annulment of a will the court of the deceased’s last domicile, and for title annulment actions the court where the property is located, has exclusive jurisdiction. In Istanbul, the courthouse to which that place belongs (Çağlayan, Kartal, Bakırköy, Küçükçekmece, Büyükçekmece, Gaziosmanpaşa, Silivri or Şile) is decisive.
Let us look at your situation together
In the first meeting we discuss the legal position of your case, the routes open to you and roughly how long they take. The meeting can be at our office or by video.