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Turkish Inheritance Law (Miras Hukuku) – Clear Guide with Examples

Inheritance in Türkiye is governed by the Turkish Civil Code (Türk Medeni Kanunu).

Turkish inheritance law is based on:
Bloodline priority (statutory heirs)
Reserved shares (saklı pay) – certain heirs cannot be completely disinherited
Marital property regime rules
Forced heirship structure

Below is a practical explanation with examples.

Who Are the Legal Heirs in Türkiye?

Turkish law divides heirs into parentela (zümre) groups.

First Degree Heirs (1st Parentela)
Children (including adopted children)
Grandchildren (if a child has predeceased)
They inherit first and equally.

Second Degree Heirs (2nd Parentela)
Parents of the deceased
Siblings (if parent deceased)
They inherit only if there are no children or grandchildren.

Third Degree Heirs (3rd Parentela)
Grandparents
Aunts and uncles (if grandparents deceased)
They inherit only if no heirs exist in the first two groups.

The Surviving Spouse
The spouse always inherits, but the percentage depends on which other heirs exist.

Spouse’s Legal Share
Situation:
With children Spouse Receives 1/4
With parents (no children) Spouse Receives1/2
With grandparents (no children or parents) Spouse Receives 3/4
No other heirs Spouse Receives 100%

Reserved Shares (Saklı Pay)
Certain heirs are legally protected.
Heir:
Children Reserved Portion 1/2 of their legal share
Parents Reserved Portion 1/4 of their legal share
Spouse Reserved Portion Full legal share (varies by case)
This means you cannot completely cut them out in a will.

Distribution Examples

Example 1: Married with Two Children
Estate Value: 1,000,000 TL
Heirs:
Wife
2 children

Distribution:
Wife – 1/4 = 250,000 TL
Remaining 3/4 (750,000 TL) divided equally
Each child – 375,000 TL

Example 2: Married, No Children, Parents Alive
Estate Value: 1,000,000 TL
Heirs:
Wife
Mother
Father

Distribution:
Wife – 1/2 = 500,000 TL
Remaining 1/2 split between parents
Mother – 250,000 TL
Father – 250,000 TL

Example 3: Married, No Children, No Parents, Grandparents Alive
Estate Value: 1,000,000 TL

Distribution:
Wife – 3/4 = 750,000 TL
Grandparents share 1/4 = 250,000 TL

Example 4: Only Children (No Spouse)
Estate Value: 1,000,000 TL

Distribution:
3 children
Each child receives:
1,000,000 ÷ 3 = 333,333 TL

Example 5: One Child Predeceased (Representation Rule)
Deceased had:
Wife
2 children
One child died earlier but left 2 grandchildren
Estate: 1,000,000 TL

Distribution:
Step 1 – Wife gets 1/4 = 250,000 TL
Remaining = 750,000 TL
Step 2 – Children’s portion divided into 3 branches
Each branch = 250,000 TL
Child 1 – 250,000 TL
Child 2 – 250,000 TL
Grandchildren (share their deceased parent’s branch) – 125,000 TL each
This is called inheritance by representation (halefiyet).

Important Additional Rules

Adopted Children
Have full inheritance rights like biological children.
Stepchildren
Have no automatic inheritance rights unless included in a will.
Illegitimate Children
Have equal rights if legally recognised.
Debts
Heirs inherit both assets and debts. They may:
Accept inheritance
Reject inheritance within 3 months

Foreigners & Property in Türkiye
If a foreigner owns property in Türkiye:
Turkish inheritance law generally applies to immovable property in Türkiye.
Movable assets may depend on international private law rules.
This is especially relevant for expats living in Türkiye.

What Happens Without Any Heirs?
If no legal heirs exist:
The estate passes to the Turkish Treasury (Devlet Hazinesi).

Can You Write a Will in Türkiye?
Yes.
Under the Turkish Civil Code, you may dispose of:
The disposable portion (tasarruf edilebilir kısım)
But you cannot violate reserved shares

Types of wills:
Handwritten (holographic)
Official notary will
Oral will (emergency situations only)

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