How is Inheritance Distributed in Turkish Law After the Father’s Death?

In the event of the father’s death in a family, if the mother is also alive, the inheritance distribution between the surviving mother and the children as heirs will be carried out according to the inheritance law provisions specified in the Turkish Civil Code (TMK). The same consideration applies in the event of the mother’s death since the inheritance shares of the mother and father are equal.

Heirs:

If the father has died and the mother is alive, the inheritance distribution among the remaining legal heirs will be as follows:

Mother: Receives 1/4 of the inheritance.

Children: Share the remaining 3/4 of the inheritance equally.

Example: Suppose the father dies, leaving behind two children. In this case, the mother will receive 1/4 of the inheritance, and each child will receive 3/8, which is half of the remaining 3/4.

If there are no descendants of the deceased and the mother has died, the inheritance passes to the deceased’s parents. If the deceased’s parents are also dead, the inheritance distribution is made among the surviving descendants of the parents, i.e., the deceased person’s siblings.

If there are no siblings, the inheritance passes to the grandparents. If the grandparents are not alive, the inheritance goes to their descendants, such as the deceased person’s uncles, aunts, and similar relatives.

However, if the deceased person has no spouse or descendants, the entire inheritance goes to the state.

Dissolution of Marital Property Regime Before Inheritance Distribution

If the father has died, the dissolution of the marital property regime with the surviving mother does not occur automatically before the inheritance distribution. The mother must make a claim based on the marital property regime.

The rights over the deceased’s acquired property, such as the right to claim contribution and participation shares, pass to the heirs. However, heirs can only exercise these rights through litigation.

What is the Marital Property Regime? What Are the Types of Marital Property Regimes?

Inheritance Distribution:

The inheritance distribution begins with the death of the deceased. The heirs can agree on who will receive the inheritance and how it will be distributed. If no agreement is reached, the inheritance is divided by a court decision.

When distributing the inheritance, the following points should be considered:

If the deceased has a will, the provisions of the will take precedence.

The deceased’s debts are paid before the inheritance debts.

The net value of the inheritance is determined. The net value is the total value of all assets of the deceased.

Heirs take their shares from the net value.

Division of Inheritance:

The division of inheritance is made according to the material and immaterial assets of the inheritance. Material assets include money, gold, jewelry, houses, cars, etc. Immaterial assets include intellectual property rights, receivables, etc.

During the division of the inheritance, an agreement among the heirs is sought. If no agreement is reached, the inheritance is divided by a court decision.

You can read our detailed article on inheritance distribution among siblings.

Other Important Points Regarding Inheritance Distribution

We examined the basic inheritance distribution ratios above. However, when the father dies and the mother is alive, the inheritance distribution includes some important points:

Will: Inheritance distribution, if the father made a will while alive, is carried out according to the provisions of the will. The ratios specified in the will can change the legal inheritance shares. All or part of the inheritance can be left to other people through a will. However, the reserved shares of legal heirs cannot be touched.

Reserved Share: Children and spouses, as close relatives of the deceased, have a “reserved share” right specified in the Turkish Civil Code. This right means that a certain portion of the inheritance must be left to the heirs under any circumstances.

According to the Turkish Civil Code, the reserved shares are as follows:

Reserved Share

Article 506 – The reserved shares consist of the following ratios:

1- Half of the legal inheritance share for descendants,

2- One-fourth of the legal inheritance share for each parent,

3- The entire legal inheritance share for the surviving spouse when inheriting with descendants or parents, and three-fourths of the legal inheritance share in other cases.

You can find more detailed information in our article on the Action for Reduction and Reserved Share in Inheritance.

Debts: Before the inheritance distribution, all debts acquired while the father was alive must be paid. These debts are covered by the active assets of the inheritance. If the active assets of the inheritance are not sufficient to cover the debts, the heirs cannot be held responsible for the debts.

You can read our article on the liability of heirs for the debts of the deceased.

Inheritance Tax: An inheritance tax may need to be paid based on the value of the inheritance. The tax rate varies according to the amount of the inheritance and the relationship between the heir and the deceased. The inheritance tax must be calculated and paid before the division of the inheritance.

Agreement: Reaching an agreement among the heirs can facilitate the division and distribution of the inheritance. In case of agreement, a settlement protocol is prepared by a notary. This protocol has the nature of a court decision.

What is the Action for Determination of Estate? How to File It?

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