By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Probate and will law in Turkey is governed by the law of inheritance in the Turkish Civil Code No. 4721 (Türk Medeni Kanunu), Articles 495 to 682, which fixes who inherits, in what shares, and how a valid will may vary that order within the protected reserved shares. On death the estate passes automatically to the heirs as a whole under universal succession; they hold it jointly until it is divided. For cross-border estates a second statute is decisive: the Act on Private International Law and International Civil Procedure No. 5718 (MÖHUK) decides which country’s law applies, while immovable property situated in Turkey is always governed by Turkish law. This guide explains who inherits, how wills work, the reserved shares, the documents and inheritance certificate, the realistic timeline, the cross-border position for foreign owners, and the risks that most often delay an estate.
What is probate and will law in Turkey?
Probate and will law in Turkey is the body of inheritance rules in the Turkish Civil Code No. 4721, Articles 495 to 682, that governs how a deceased person’s estate is identified, settled, and transferred to the heirs. It covers statutory (intestate) inheritance when there is no will, testamentary inheritance when a valid will exists, the reserved shares that protect close family, and the procedure for obtaining the inheritance certificate, paying the estate’s debts and taxes, and dividing the remaining assets. Probate itself is the process of identifying assets and liabilities, paying the deceased’s debts and taxes, and distributing what remains to the beneficiaries under the will or, in its absence, the statutory order.
Three concepts do most of the work. Statutory heirs are ranked by closeness of kinship under the parentela (zümre) system. The reserved share (saklı pay) guarantees the closest family a protected minimum a will cannot freely override. The inheritance certificate (veraset ilamı / mirasçılık belgesi) is the official document proving who the heirs are and is required before any Turkish asset can be transferred.
Who inherits when there is no will in Turkey?
When a person dies without a valid will, the Turkish Civil Code No. 4721 distributes the estate among statutory heirs by closeness of kinship, with the surviving spouse taking a fraction that increases as the competing group of blood relatives becomes more distant. The closest group inherits first and excludes the more distant groups; the next group inherits only if the closer one has no members. These default rules apply where Turkish law governs the succession, while immovable property in Turkey is always governed by Turkish law regardless of nationality.
The blood-relative groups are ordered as follows:
- First group: the deceased’s descendants (children, and through them grandchildren). Children inherit in equal shares.
- Second group: the deceased’s parents and, through them, their descendants. This group inherits only if there are no descendants.
- Third group: the deceased’s grandparents and their descendants. This group inherits only if there are no descendants and no parents or their line.
The surviving spouse inherits alongside whichever group applies. Under the Civil Code the spouse receives one quarter of the estate where they inherit with the first group (descendants), one half where they inherit with the second group (parents and their line), and three quarters where they inherit with the third group (grandparents and their line). Where there are neither blood relatives within these groups nor a spouse, the estate passes to the State.
How does a will work under Turkish law?
A will (vasiyetname) lets a person direct how their estate is distributed, but only within the reserved-share limits of the Turkish Civil Code No. 4721. A testator may favour particular heirs, leave specific gifts, appoint an executor, or benefit a person outside the statutory order, provided the protected minimum owed to reserved-share heirs is respected. Because the Code prescribes strict formalities, the safest course is to have a will prepared and registered correctly; a defect of form can invalidate it.
Turkish law recognises three forms of will:
- Official will: drawn up before a notary or other authorised officer and registered, in the presence of witnesses. This is the most secure form and the hardest to challenge.
- Holographic will (el yazılı vasiyetname): written entirely in the testator’s own hand, dated, and signed by the testator. No witnesses are required, but the whole-text, date, and signature requirements are strict.
- Oral will: permitted only in extraordinary circumstances, such as imminent danger of death, when neither other form is possible. It is declared before two witnesses and is subject to short time limits and further formalities.
A will that disregards the reserved share is not automatically void. Instead a reserved-share heir may bring an action to reduce the excessive dispositions (tenkis davası) so the protected portion is restored, or an action to set the will aside (iptal davası) for lack of capacity, defect of consent, formal invalidity, or unlawful content. These remedies are subject to time limits fixed by statute, which should be verified as current before relying on them.
What is the reserved share and who is protected?
The reserved share (saklı pay) is a protected fraction of the statutory inheritance that the Turkish Civil Code No. 4721 guarantees to the closest family, which the testator cannot freely give away. It is calculated as a proportion of what the heir would have received under the intestate rules, not as a fixed fraction of the whole estate, and its purpose is to stop a person disinheriting their nearest relatives entirely.
Under the Civil Code the reserved fractions of the statutory share are: one half for descendants, one quarter for the parents, and for the surviving spouse the full statutory share in the cases the law protects. Whatever remains after the reserved shares are accounted for is the testator’s freely disposable portion, which may be left to anyone, including persons or institutions outside the family. Where lifetime gifts or a will have eaten into a reserved share, the protected heir’s remedy is the action for reduction (tenkis), which must be brought within the period fixed by statute.
How does cross-border inheritance work for foreign owners and expats?
For an estate with an international element, Turkish courts first decide which country’s law applies under the Act on Private International Law No. 5718. The general rule is that succession is governed by the national law of the deceased, but a decisive exception applies to real estate: immovable property located in Turkey is governed by Turkish law, regardless of the deceased’s nationality. This split is the single most important point for foreign owners and cross-border families.
The practical consequences are significant:
- A foreign national who owns an apartment or land in Turkey will see that Turkish property pass under Turkish succession rules, including reserved shares, even if their home-country law would distribute it differently.
- Movable assets such as bank accounts, shares, and personal property may instead be governed by the deceased’s national law, depending on the conflict-of-laws analysis.
- A foreign national resident in Turkey may, subject to the applicable rules and treaties, elect for their home-country law to apply to parts of the estate, a step that involves home-country documentation and is best planned in advance.
- A foreign will can be effective for Turkish assets, but it must be recognised through the correct procedure and still respects the Turkish reserved-share rules for immovable property in Turkey.
- Foreign-language documents such as a death certificate, foreign inheritance ruling, or foreign will generally require certified translation and apostille or consular legalisation before a Turkish court or the Land Registry will act on them.
Because the property and movable-asset rules can point to different national laws within the same estate, cross-border estates frequently need coordinated advice in more than one jurisdiction. Early planning, including how a foreign will interacts with Turkish reserved shares, prevents the most expensive disputes.
What documents are needed and how is the inheritance certificate obtained?
Before any Turkish asset can be transferred, the heirs must obtain an inheritance certificate (mirasçılık belgesi / veraset ilamı), the official proof of who the heirs are and in what shares. It is issued either by a notary or, where the matter is contested or involves a foreign element the notary cannot resolve, by the Civil Court of Peace (Sulh Hukuk Mahkemesi).
Typical documents required include:
- The deceased’s death certificate.
- Civil-registry records establishing the family relationship of the heirs to the deceased.
- Identity documents, and passports for foreign heirs.
- Any existing will, together with the court record of its opening and reading.
- For foreign documents, certified Turkish translations and apostille or consular legalisation.
- A power of attorney where heirs are represented by a lawyer, which is the practical norm for heirs living abroad.
Once the inheritance certificate is in hand, the heirs can register the inherited real estate at the Land Registry (Tapu), access bank accounts, transfer vehicles and shares, and proceed to division. Where the heirs cannot agree on how to split the estate, any heir may bring a partition action (ortaklığın giderilmesi davası) so the court orders division in kind or, more commonly for a single property, a sale with distribution of the proceeds according to each heir’s share.
What is the realistic timeline for an estate in Turkey?
An uncontested estate in which the heirs agree can often be settled in a matter of months once the inheritance certificate is obtained, while a contested estate involving a will challenge, a reduction claim, or a forced sale takes considerably longer. The timeline depends far more on whether the heirs are in agreement and whether foreign documents are in order than on the size of the estate.
The main stages are: obtaining the inheritance certificate; settling the estate’s debts and any inheritance and transfer tax obligations, which are set by the applicable tax legislation and should be confirmed as current at the time of filing; registering and transferring the assets; and, if necessary, litigating partition or contesting a will. For heirs abroad the realistic critical path is usually document preparation, translation, and legalisation rather than the Turkish court steps themselves. Acting promptly also matters because the law fixes time limits for accepting or renouncing an inheritance and for bringing reduction and annulment claims; these periods are set by statute and should be verified as current.
What are the main risks and how are they avoided?
The most common pitfalls in Turkish estates are inherited debt, missed deadlines, reserved-share disputes, and defective cross-border documentation. Because Turkish succession is universal, heirs inherit the deceased’s liabilities along with the assets, so an heir who takes no protective step may become personally liable for estate debts.
Key risks include:
- Inherited liabilities: the estate’s debts pass to the heirs. Where the estate may be insolvent, the law allows heirs to renounce the inheritance (mirasın reddi) or to request an official inventory within the statutory period, protecting them from personal liability.
- Missed time limits: renunciation, requesting an inventory, and bringing reduction or annulment actions are all subject to deadlines fixed by statute. Missing them can be irreversible.
- Reserved-share conflicts: wills and lifetime gifts that encroach on protected shares invite reduction claims. Careful planning that respects the saklı pay avoids years of litigation.
- Cross-border document defects: a foreign will, death certificate, or inheritance ruling that lacks correct translation, apostille, or recognition will not be accepted by Turkish authorities, stalling the whole estate.
- Co-ownership deadlock: when heirs cannot agree, assets sit frozen in undivided co-ownership until a partition action resolves them, often by forced sale.
Intestate succession compared with a will: which applies?
If the deceased left no valid will, the estate is distributed strictly by the statutory order in the Turkish Civil Code No. 4721; if a valid will exists, it controls distribution within the reserved-share limits. The table below summarises the practical differences for planning purposes.
| Issue | No will (intestate) | Valid will (testamentary) |
|---|---|---|
| Who decides distribution | The law, by statutory order of kinship | The testator, within reserved-share limits |
| Flexibility | None; fixed shares apply | High for the freely disposable portion |
| Reserved shares | Built into the statutory shares | Must be respected, otherwise a reduction claim |
| Typical dispute | Proof of heirship and partition | Will validity, reduction, capacity challenge |
| Document to obtain first | Inheritance certificate | Will opening and reading, then certificate |
Frequently asked questions
Can a foreigner inherit property in Turkey?
Yes. Foreign nationals can inherit real estate and other assets in Turkey. Immovable property located in Turkey passes under Turkish succession law and its reserved shares regardless of the heir’s nationality, subject to the general reciprocity and area-restriction rules that apply to foreign ownership of Turkish land. Foreign heirs typically act through a Turkish lawyer under a power of attorney.
Is a foreign will valid in Turkey?
A foreign will can take effect for assets in Turkey, but it must be recognised through the proper procedure, and for immovable property in Turkey it remains subject to Turkish reserved-share rules under the Act No. 5718. The will and supporting documents normally need certified translation and apostille or consular legalisation before a Turkish authority will act on them.
What are the forms of a valid will in Turkey?
Turkish law recognises three forms under the Civil Code No. 4721: an official will drawn up before a notary with witnesses, a holographic will written entirely in the testator’s own hand and dated and signed, and an oral will allowed only in emergencies before two witnesses. The official form is the most secure and the hardest to challenge.
Do I have to come to Turkey to settle an estate?
Usually not. Most steps, including obtaining the inheritance certificate, registering property, and litigating where necessary, can be handled by a Turkish lawyer acting under a power of attorney granted at a Turkish consulate or before a notary with apostille. This is the normal route for heirs who live abroad.
What happens if heirs cannot agree on dividing the estate?
Any heir may file a partition action (ortaklığın giderilmesi davası). The court will order division in kind where possible or, more commonly for a single property, a sale with distribution of the proceeds according to each heir’s statutory or testamentary share.
How we help foreign owners and international families
Cross-border inheritance is where small documentation errors become long, costly disputes. We act for foreign owners, expatriates, and international families settling estates connected to Turkey, from obtaining the inheritance certificate and recognising a foreign will to bringing or defending reduction claims and resolving co-ownership deadlock. We handle the matter under a power of attorney, so heirs abroad rarely need to travel. Where an estate touches property, our real estate and property acquisition team coordinates the Land Registry transfer.
To plan a will or settle an estate connected to Turkey, speak with our family law and inheritance lawyers, and we will set out the steps, the documents, and a written fee for your matter.
Related reading: recognition and enforcement of foreign judgments in Turkey, property sharing between spouses, and cross-border family law in Turkey.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.
Related legal guides
- For related guidance, see our family law and divorce in Turkey.