KÜHEYLAN HUKUK
Who are the Legal Heirs? How to Calculate Inheritance Share? Class System and Sample Calculations Inheritance share of descendants, parents, siblings and surviving spouse: Calculation guide in accordance with TMK article 495-501 Legislation and case law information has been compiled as of October 2026. The calculations are valid for cases where the testator did not leave a will and the Turkish Civil Code No. 4721 was in force on the date of death.
In Turkish inheritance law, legal heirs are determined according to the parentel system. The first class is the descendants of the deceased, the second class is the parents and their descendants (siblings, nephews), the third class is the grandparents and their descendants. As long as there is an heir in one group, the inheritance does not pass to the next group. The surviving spouse inherits outside the family and together with them: he/she receives 1/4 of the inheritance with the descendants, 1/2 with the parents' class, and 3/4 with the grandparents' class; If there is no other heir, the entire inheritance goes to the spouse. A valid official marriage is required to qualify as a spouse.
1. Who is the Legal Heir?
Legal heirs are those who are deemed heirs by law if the testator has not left a testamentary disposition (will or inheritance contract) at the time of death or if the disposition does not cover the entire inheritance. In order to be an heir, one must be alive at the time of the decedent's death. An unborn child has the capacity to inherit, provided that he is born alive later (TMK article 582).
The heirs automatically acquire the entire inheritance upon death (TMK article 599). The deed of inheritance does not create this right, it only documents it. An account made without a certificate of inheritance may be redetermined by the court.
1st Estate Children of the testator and descendants of the deceased child (grandchild, great-grandchild) TMK article 495 Children are equal heirs. First, the deceased child's place is taken by his descendants.
2nd Estate Mother and father, siblings and descendants (nephews) in place of those who died before them TMK article 496 If there is no descendant, the mother and father inherit half and half. If there is no heir on one side, the inheritance goes to the other party.
3rd Estate Grandparents, their descendants (uncles, uncles, aunts and their children) TMK article 497 There are two lines: mother and father lines. If one line runs out, the legacy remains on the other line.
Spouse Surviving spouse (civil marriage) TMK article 499 He inherits with each group, and his share varies depending on the group he is with.
State Inheritance of a person who leaves no heir TMK article 501 If no heir can be found, the inheritance passes to the State.
The legal inheritance share of the surviving spouse is regulated in TMK Article 499. The spouse's share depends on the group he inherits from.
The 7th Civil Chamber of the Supreme Court of Appeals showed the importance of this account in its decision dated 07.04.2025 (E.2024/3262, K.2025/1750). The entire inheritance of the testator, who has no descendants, was given to the surviving spouse, however, in accordance with TMK Article 496 and Article 499, it was accepted that the spouse should be an heir together with the second class heirs and the decision regarding the cancellation of the inheritance certificate was approved. In other words, if the inheritance certificate is calculated incorrectly, it can be canceled later.
No children, wife, mother alive, father dead and 2 siblings Spouse 1/2, mother 1/4, each sibling 1/8
There is no spouse, one child is alive, the other child is dead and he has 2 grandchildren. 1/2 right child, 1/4 each grandchild
The method to be followed in the calculation is as follows: first the group is determined, then the spouse's share is subtracted, and the remaining share is divided equally within the group. The share of the previously deceased heir passes to the descendants of that heir through the rule of succession. At the same time, the presumption of death (TMK article 29/2) may also create controversy in terms of intra-root succession; In the decision of the 7th Civil Chamber of the Supreme Court of Appeals dated 17.02.2025 (E.2024/2131, K.2025/814), the dispute arose exactly at this point.
A child born out of wedlock and whose lineage is established by recognition or a judge's decision is an heir from the father's side, just like a child within marriage (TCC Art. 498).
The adopted son and his descendants inherit from the adopter as if they were blood relatives; The adopter and his relatives do not inherit the adopted child. The adopted child's inheritance in his/her own family continues (TMK article 500).
If the divorce decision is finalized, the title of accompaniment ends and the right to inheritance is abolished. While the divorce case is pending, the spouse's inheritance in case of death is evaluated separately depending on the status of the case.
A person who has only an imam marriage is not a legal heir because he is not legally considered a spouse.
The descendants of the person who has been disinherited or deemed deprived of inheritance become the heir as if that person had died before the testator.
M.Y. died in 2026. He is survived by his wife Fatma, his son Ali and his daughter Zeynep's two children (Can and Deniz), who died before the deceased. If the value of the estate is accepted as 12,000,000 TL, the inheritance will be shared as follows.
Fatma, together with her descendants, receives 1/4 of the inheritance (3,000,000 TL). The remaining 3/4 (9,000,000 TL) is divided among descendants. Since Ali and Zeynep have equal rights, each of them deserves 3/8 share. Since Zeynep died beforehand, her share passes to her descendants, and Can and Deniz each receive 3/16 (2,250,000 TL). Ali gets 3/8 (4,500,000 TL).
The legal share of inheritance is the share applied if the testator has not made any savings. The testator can change the legal share with the will, but the reserved share holder cannot touch the legally protected share of the heirs. The scope of the reserved share and the case for reduction are discussed in detail in a separate guide.
When do siblings become heirs?
If the testator has no descendants, the mother and father are the heirs. If one of the parents dies before the deceased, his share passes to the siblings. If both parents are dead, siblings inherit together.
Does the spouse always inherit?
If the divorce is not finalized and there is a valid official marriage, the spouse is the heir along with all the estates. Cases of exclusion from inheritance or lack of inheritance are reserved.
What to do if my inheritance share is calculated incorrectly?
If the certificate of inheritance is issued incorrectly, the certificate of inheritance may be requested to be canceled and reissued in the civil court of peace or civil court of first instance.
Is there a distinction between boys and girls among children?
No. Children are equal heirs regardless of their gender.
How can I find out the number of heirs?
The certified population registration copy and the certificate of inheritance taken from the civil registry provide this information. If there are deficiencies in the records, an investigation is required.
Considering only the imam-married spouse as the heir or not taking the civil-married spouse into account
Calculating the spouse's share from only some of the property, not from the entire inheritance
Performing title deed or bank transactions without checking the accuracy of the shares in the inheritance certificate
Calculation of the inheritance share depends on the correct application of the place of the heirs in the group, the rules of succession and the share of the spouse. Küheylan Law Firm offers legal support that protects the rights of heirs, from checking inheritance documents to verifying shares, from canceling faulty documents to executing inheritance sharing on a legal basis. Since even a small mistake in the calculation of the share can lead to long and costly lawsuits later, having the calculation checked by a lawyer in the first place provides an important assurance.
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.
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