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FAQs on Inheritance Distribution in the Turkish Legal System

1. What are the methods of inheritance distribution in Turkey?

Inheritance in Turkey can be distributed through two main methods:

  • Consensual Distribution (Anlaşmalı Miras Paylaşımı): Heirs agree on how to divide the estate, either through a signed agreement or by distributing the properties in person.

  • Judicial Distribution (Yargısal Miras Paylaşımı): If heirs cannot agree, the court resolves the dispute and apportions the estate in accordance with the Turkish Civil Code (TMK).

 

2. What happens to the estate if there is no will?

If the deceased left no will, inheritance distribution follows the Turkish Civil Code's order of succession. All heirs are initially joint owners of the estate until their shares are legally allocated.

 

3. How does the judicial distribution process work?

Under Article 642/2 of the TMK, any heir can request the termination of joint ownership through a court-ordered sale of the estate.

  • Real estate assets: The court may divide real estate among heirs or allocate specific properties to certain heirs with compensation for value differences.

  • Jurisdiction: Cases are handled by the Civil Court of the deceased’s last known residence.

 

4. How is inheritance divided among siblings?

Inheritance distribution among siblings depends on the degree of relation:

  • First-degree heirs (children): The estate is divided equally. If a sibling has predeceased, their share passes to their children.

  • Second-degree heirs (siblings of the deceased): They inherit only if there are no first-degree heirs. Parents of the deceased take precedence over siblings.

 

5. What role does a surviving spouse play in inheritance?

The spouse’s share varies depending on the existence of other heirs:

  • With children: The spouse inherits one-fourth of the estate, and the remainder is divided equally among the children.

  • Without children: The spouse's share increases and may encompass a larger portion or all of the estate, depending on the presence of other heirs like parents or siblings.

 

6. Is there a time limit for dividing an estate in Turkey?

No, there is no specific time limit for initiating inheritance distribution. Heirs can apply for division proceedings at any time unless the estate has already been divided.

 

7. How are inheritance disputes resolved in Turkey?

If heirs cannot agree on the distribution, they may apply to the court for a judicial order. Legal assistance ensures the process adheres to inheritance laws and protects the rights of all parties.

 

8. What should heirs consider when dealing with inheritance disputes?

Heirs should:

  • Understand the principles of Turkish inheritance law.

  • Obtain legal counsel to navigate complexities, particularly in cases involving international or multi-cultural succession issues.

 

9. How can CCS Law assist with inheritance distribution in Turkey?

CCS Law provides comprehensive legal services, including:

  • Advising on consensual and judicial inheritance distribution.

  • Assisting with the preparation of distribution agreements.

  • Representing heirs in disputes and ensuring equitable and lawful distribution of estates.

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