KÜHEYLAN HUKUK
Statute of Limitations and Limitation Periods in Inheritance Cases: How Long Does It Take Which Case to Be Filed? Time table and consequences of missing time in cases of denial of inheritance, annulment, criticism, claim, collusion and sharing. Legislation and case law information has been compiled as of October 2026. Decision citations were taken from the decisions of the 1st and 7th Civil Chambers of the Supreme Court of Appeals dated 2025-2026.
In inheritance law, deadlines vary depending on the type of case, and when the deadline is missed, the right often cannot be used again. The period for rejecting the inheritance is 3 months (TMK article 606). The lawsuit for compensation must be filed within 1 year, and in any case within 10 years, after it is learned that the reserved share has been damaged (TCC Art. 571). In cases of annulment of disposition due to death, a period of 1 year and a final period of 10 or 20 years are applied (TMK article 559). A suit for entitlement due to inheritance can be filed within 1 year or 10 years against a well-intentioned defendant, and within 20 years against a malicious defendant (TCC Art. 639). As a rule, there is no time limit for the title deed cancellation and registration case based on the collusion of the deceased and the case for cancellation of the inheritance certificate. Limiting periods are automatically observed by the judge; Therefore, if the deadline is missed, the case is rejected even if there is no objection.
The two concepts differ in terms of their consequences. When the limitation period expires, the right itself disappears and the court automatically takes this into consideration. During the statute of limitations, the right continues to exist, but the debtor must file a defense against the statute of limitations. The deadlines for retaliation and annulment cases are restrictive. The 1st Civil Chamber of the Supreme Court of Appeals stated in its decision dated 19.02.2026 (E.2025/1918, K.2026/1240) that the period of reduction should be taken into account by the Court ex officio. The period in the lawsuit for entitlement due to inheritance is the statute of limitations, as stated in Article 639 of the Turkish Civil Code.
reject inheritance 3 months Learning about the death of legal heirs; Official notification of disposition in appointed heirs TMK article 606
Tenkis case 1 year; anyway 10 years Learning that the reserved share has been damaged; 10 years from the opening of the will in the will, from the opening of the inheritance in other dispositions TMK article 571
Cancellation of disposition due to death (incapacity, willpower disability, form, reason for failure) 1 yıl; 10 years for the well-intentioned defendant, 20 years for the malicious defendant Learning about the savings, the reason for cancellation and who is entitled to it; opening for the final period or passing of the inheritance TMK article 559
Benefit due to inheritance 1 year and 10 years; 20 years for malicious Learning that you are an heir and that the defendant holds the estate TMK article 639
Cancellation and registration of title deed based on Muris muvazaa Duration not foreseen The right to sue arises with death İBK numbered 1/2
Cancellation of inheritance certificate Duration not foreseen Can be requested at any time Supreme Court of Appeals 7th HD, E.2025/146 K.2025/3729
Requesting sharing / dissociating Always There is no obligation to continue the partnership TMK article 642
Participation receivable from property regime liquidation General statute of limitations (10 years in practice) Date when the property regime ends (death) TMK article 225 and related provisions
3. Critical Initial Issue: When Is It Considered Learned?
The beginning of the reduction and cancellation periods is the date when the heir learns that his rights have been damaged. Proof of this date determines the fate of most cases. In the file subject to the decision of the 7th Civil Chamber of the Supreme Court of Appeals dated 14.04.2025 (E.2024/3877, K.2025/1967), the first instance and regional courts of justice accepted with witness statements that the assignment subject to the claim of reduction was learned by the heir while the deceased was still alive, deemed the violation of the reserved share to have been learned on the date of death at the latest, and limited the case filed approximately 1.5 years after the death in terms of time. He refused. In the file subject to the decision of the 1st Civil Chamber dated 15.12.2025 (E.2025/5914, K.2025/5965), the testator died in 1969 and the case was opened in 2021; The first instance court relied on the date of death as the date of learning, since the plaintiffs could not prove that the reserved share was learned later.
These two decisions are a practical warning for heirs: those who claim that the period started later must prove this. Otherwise, the court considers the date of discovery as the date of death of the testator. For this reason, the date on which title deed records, bank transactions and transfer documents were learned must be documented through minutes, correspondence or witnesses.
The title deed annulment case based on the collusion of the deceased is indefinite, but the delayed reduction request is subject to time. In the decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 19.02.2026, although the collusion case was rejected, the rejection of the reduction request due to the passage of 1 and 10 years shows the practical result of this distinction. If collusion cannot be proven, criticism is the second line of defense; This line is time dependent.
It is a controversial issue whether the 10-year period within the scope of Article 12/3 of the Cadastre Law No. 3402 will be applied in cases based on transactions before the cadastral determination. This question was the subject of appeal in the decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 27.03.2025 (E.2025/1345, K.2025/1713). The date on which the title deed of the real estate was registered and when the cadastral determination was finalized should also be examined.
In the decision of the 7th Civil Chamber of the Supreme Court of Appeals dated 24.12.2025 (E.2025/1896, K.2025/5600), it was stated that the claim for inheritance due to inheritance can be filed by one of the heirs alone, that appointing a representative to the estate is not a requirement for this, and it was emphasized that the expression "the date when the plaintiff learned that he was the heir" in TMK Article 639 supports this conclusion. This situation requires that each heir be evaluated separately according to his/her own learning history in terms of duration.
The claim of reduction and the claim of invalidity can always be put forward through defense (TMK art. 571/3, art. 559/2). Even if the lawsuit deadline has been missed, the invalidity of the reserved share or savings can be claimed as a defense in a lawsuit filed against the heir. However, his defense only eliminates the other party's claim against him; It does not confer an active right.
S.Ö. died on 15.03.2024. His heirs are his two children: Ali and Ayşe. When Ayşe examined the land registry records on 20.01.2025, she learned that her father had transferred all his immovable properties to Ali by selling them two years before his death. Ayşe applied to a lawyer on 25.05.2026.
Since the collusion lawsuit is indefinite, it can be filed. However, the 1-year period for the delayed reduction request started from 20.01.2025 and expired on 20.01.2026. Therefore, if collusion cannot be proven, there is no other way to protect the hidden share. When filing a lawsuit, it is important to document the learning date and prepare for a deadline objection. If Ayşe had applied in 2025, both her request for collusion and criticism could have been secured.
Is there time to obtain a certificate of inheritance?
No. There is no time limit for the inheritance certificate. However, upon the death of the testator, a 3-month period applies for the rejection of the inheritance. Obtaining a document does not stop this period.
Can a lawsuit be filed after accepting the inheritance?
Yes. Accepting the inheritance does not eliminate the right to criticism against damage to the reserved share. A lawsuit can be filed provided that the deadlines are complied with.
Is there time for the partnership to be dissolved while the inheritance partnership continues?
No. Any heir may always request sharing if he is not obliged to continue the partnership by contract or law (TCC Art. 642).
If the limitation period is missed, can a lawsuit be filed again?
The right is terminated at the end of the limitation period. Even if a lawsuit is filed again, a rejection decision is given due to time objection or due to the court's spontaneous review.
Does the period run while the testator is alive?
Since the title of inheritance is acquired by death, inheritance litigation periods, as a rule, start from the date of death, and in cases learned after death, from the date of learning. However, an assignment learned during the decedent's lifetime may push the learning date back to before death.
Delaying the request for delayed criticism by relying on the indefinite nature of the collusion case
Thinking that the rejected inheritance period will be postponed with the receipt of the inheritance decree.
Not knowing that statute of limitations and disqualifying period are evaluated differently by the judge
Ignoring that each heir has a separate period for the entitlement case.
In inheritance cases, deadlines often determine the outcome of the case before the merits. Küheylan Law Firm determines all deadlines based on documents as soon as the file is opened, arranges limited and indefinite requests in the correct order, and prioritizes requests that carry the risk of limiting time. Time analysis to be carried out in the first weeks when the inheritance is opened is the most effective way to prevent irreparable loss of rights later.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
KÜHEYLAN HUKUK