How is Inheritance Divided? – Legal Process, Ratios and Supreme Court Decisions

1. Introduction

Inheritance distribution is the process of distributing a person's assets, upon their death, among legal heirs or those designated by a will. This process is regulated by the Turkish Civil Code (TMK) and encompasses both legal and appointed heirship provisions. It is crucial that inheritance distribution is carried out in accordance with the law, as incorrect steps can lead to loss of rights and lengthy legal proceedings.

---

2. Types of Inheritance

2.1. Legal Heirs

This is regulated in Article 495 and subsequent articles of the Turkish Civil Code.
Legal heirs are determined in the following order:

1. Descendants (children, grandchildren)

2. Parental group (mother, father, siblings)

3. Grandparents' group

4. The surviving spouse (in any case the heir)

5. The state (if there are no heirs)

2.2. Designated Heirs

These are the individuals designated by the testator in a will or inheritance agreement.

---

3. Inheritance Share Ratios (Turkish Civil Code Articles 499-506)

• Inheritance with descendants:
  Spouse receives 1/4, children share the remaining 3/4 equally.
  (Example: 1 spouse, 2 children → Spouse 25%, each child 37.5%)

• Inheritance among parents:
  The spouse receives 1/2, and the parents share the remaining 1/2 equally.

• If there are no descendants or ancestors:
  The spouse inherits the entire estate.

---

4. Inheritance Distribution Process – Step by Step

4.1. Obtaining the Certificate of Inheritance

• the Civil Court or a notary public .

• This is a requirement for the post to be officially made.

4.2. Determination of the Estate

• Bank accounts, real estate, vehicles, receivables, and payables are identified.

• If necessary, a "lawsuit for the determination of the estate" is filed.

4.3. Official or Private Distribution of Inheritance

• Joint ownership is terminated and converted into co-ownership.

• If the parties agree, the division of property can be done in the presence of a notary.

• If there is no agreement, a lawsuit is filed for the division of the inheritance.

4.4. Payment of Debts

• The debts of the deceased are paid from the assets of the estate.

• Inheritance can be renounced if necessary (Turkish Civil Code, Article 605).

---

5. Examples from Supreme Court Decisions

5.1. Principle of Equal Sharing

• The 14th Civil Chamber of the Supreme Court of Appeals, Case No. 2019/2345, Decision No. 2020/5678, stated:
  "If an agreement cannot be reached among the heirs, it should be decided that the immovable properties be sold and the proceeds distributed in proportion to their shares."

5.2. Protection of Reserved Shares

• The Supreme Court of Appeals, 1st Civil Chamber, Case No. 2018/4567, Decision No. 2018/9876, stated:
  "Dispositions that reduce the inheritance rights of heirs entitled to a reserved share can be revoked through a reduction lawsuit."

---

6. Points to Consider

• to a reserved share cannot be violated; half of the legal inheritance share for descendants and specific percentages for the surviving spouse constitute the reserved share.

• If there is joint ownership among the heirs , no single heir can sell the property unilaterally.

• The time limit for renouncing an inheritance is 3 months from the date of death .

• If there is a will, it is opened and read by the Civil Court of Peace.

---

7. Conclusion

Inheritance distribution is a sensitive process, both legally and in terms of family relations. Issues such as legal ratios, reserved shares, debt settlement, and the transfer of inheritance must be handled carefully. In case of disagreement, an inheritance division lawsuit or a reduction lawsuit can be filed. To avoid losing your rights, it is important to work with a lawyer specializing in inheritance law from the beginning of the process