Intestate Succession in Turkey: Who Inherits Without a Will

Most people know they should write a will, but many never get around to it. In Turkey, dying without a will — known in legal terms as vasiyetsiz vefat — does not leave the estate in limbo. The Turkish Civil Code steps in with a detailed set of rules that determines exactly who inherits, in what order, and in what proportions. For foreign nationals who own property, hold bank accounts, or run a business in Turkey, understanding these rules is essential — because Turkish inheritance law will apply to your Turkish assets regardless of your nationality.

The Order of Legal Heirs

Turkish law ranks heirs in a strict sequence based on blood ties. Descendants come first: if the deceased left children, they inherit equally between themselves. If a child has already died but left their own children, those grandchildren step into the parent's place and share that parent's portion — this is known as representation (halefiyet).

If the deceased had no living descendants, the estate passes to the parents and their descendants (brothers, sisters, nieces, nephews). If neither parents nor siblings survive, the estate moves to the grandparents and their descendants. Turkish law keeps searching outward through the family tree until a relative is found. Only when no relatives of any degree exist does the estate fall to the Turkish Treasury (Hazine).

The Surviving Spouse's Share

A surviving spouse is treated separately from the blood-heir sequence — and the share depends on which blood relatives survive. When the deceased left children or other descendants, the surviving spouse receives one-quarter of the estate. If the deceased left no descendants but is survived by parents or their descendants such as siblings, the spouse receives half the estate. Where the closest surviving relatives are grandparents, the spouse receives three-quarters. And if there are no blood relatives at all, the spouse inherits the entire estate.

This design reflects Turkish law's intention to protect a surviving partner while still preserving family patrimony across generations. In practice, most estates are divided between a surviving spouse and the children.

Foreign Nationals and Cross-Border Complications

The rules above apply directly to any property located in Turkey, regardless of the owner's nationality. Turkish courts apply Turkish law to real estate (tapu) and rights held in Turkey. For movable assets — bank accounts, vehicles, company shares — the applicable law may depend on international private law principles, particularly the deceased's last domicile. However, for Turkish real estate, there is no exception: Turkish law governs.

If the deceased held assets in multiple countries, each country's courts will generally handle the assets in their jurisdiction. This means a foreign national who owns an apartment in Antalya and a house abroad may face two separate inheritance procedures in two different legal systems simultaneously. Planning ahead — especially through a notarized will — is by far the simplest way to avoid this complexity.

Obtaining an Inheritance Certificate (Veraset İlamı)

Before heirs can access bank accounts, transfer title deeds, or deal with any Turkish institution, they must obtain a formal inheritance certificate from a Turkish court or notary. This document — called veraset ilamı — lists all legal heirs and their shares. Without it, no Turkish institution will process transfers.

For foreign heirs living abroad, gathering the required documents (birth certificates, death certificates, apostilles, translations) and navigating the Turkish court system can be time-consuming. Working with a Turkish lawyer in Antalya from the start typically reduces both the timeline and the number of costly missteps.

If no one claims the estate — or if heirs are unknown — the court may appoint an estate administrator (tereke kayyımı) to protect assets until the situation is resolved.

Why Writing a Will Still Matters

Even when Turkish law gives a clear answer on who inherits, it may not give the answer the deceased would have wanted. The legal rules are rigid: a partner in a long-term relationship who was never legally married has no inheritance right at all. A stepchild receives nothing. A close friend who cared for the deceased in their final years inherits only if named in a will.

Beyond personal preferences, a will also allows the deceased to appoint an executor, consolidate assets, and reduce the administrative burden on surviving family members. It does not override the reserved shares (saklı pay) that certain heirs are entitled to by law — but within those limits, it gives considerable freedom to direct where the estate goes.

If you own Turkish assets and have not yet written a will, read our guide on drafting a will in Turkey to understand your options.

Frequently Asked Questions

Q: Does my foreign will automatically apply to my Turkish property?

A Turkish court will generally recognise a foreign will for movable assets, but for Turkish real estate the will must comply with certain formal requirements and may need to go through a recognition process. See our article on foreign will recognition in Turkey for the details.

Q: Can an unmarried partner inherit under Turkish intestate rules?

No. Turkish law does not recognise cohabitation or long-term de facto relationships for inheritance purposes. Only a legally registered spouse or blood relatives can inherit under the default rules. If you want your partner to inherit, you must name them explicitly in a valid will — within the limits set by the reserved share rules.

Q: What happens if heirs cannot agree on how to divide the estate?

Any heir can ask a Turkish court to conduct a formal distribution (paylaşma davası). The court will assess the estate's assets, settle any debts, and divide what remains according to each heir's legal share. This process can take considerable time and is far easier to avoid with clear advance planning.

Q: How long does the intestate inheritance process take in Turkey?

It varies widely. Straightforward cases — a small estate, all heirs in Turkey, no disputes — can be resolved in a few months. Cases involving foreign heirs, multiple properties, or disputes over assets can take one to three years or more. An early application for the inheritance certificate from a Turkish notary is typically the fastest first step.

Q: Does the Turkish Treasury really inherit if there are no relatives?

Yes. If a thorough search reveals no surviving blood relatives and no surviving spouse, the entire estate vests in the Turkish state. This is rare in practice but does happen — particularly with elderly foreigners who have lost contact with their families over time.

How Mona Hukuk Can Help

Our team in Antalya regularly assists foreign nationals with intestate inheritance proceedings: obtaining the veraset ilamı, representing heirs before Turkish courts, and coordinating with authorities to transfer real estate, bank accounts, and other Turkish assets. We also help clients avoid intestate complications entirely by preparing a valid Turkish will in advance.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.