If a person dies without leaving a will or inheritance contract, their estate passes to their legal heirs according to the class system (zümre sistemi) set out in the Turkish Civil Code.
What Is the Class System?
The law divides heirs into three classes, and if there is an heir in one class, the next class is not reached:
- First class: The deceased's descendants (children, grandchildren).
- Second class: The deceased's parents and their descendants (siblings, nieces/nephews) - comes into play if there is no heir at all in the first class.
- Third class: The deceased's grandparents and their descendants - comes into play if there is no heir in the first two classes.
The Surviving Spouse's Inheritance Share
The surviving spouse has an inheritance right at a rate that varies depending on which class they inherit alongside (TCC Art. 499-500):
- If inheriting together with the first class (the deceased's children/grandchildren): 1/4 of the estate
- If inheriting together with the second class (the deceased's parents/siblings): 1/2 of the estate
- If inheriting together with the third class, or if there are no other heirs at all: the entire estate or 3/4 (3/4 if together with the third class, the entirety if there are no other heirs)
Shares of the Descendants
Within the first class, the deceased's children take an equal share; if a child predeceases the deceased, that child's share passes, by way of representation, to their own descendants (grandchildren).
Conclusion
Legal inheritance shares are a calculation based on precise mathematical ratios that vary according to the class system and the position of the surviving spouse. Correctly determining heirship status and shares is a fundamental step for the inheritance distribution process to proceed properly.
You can review current precedents on inheritance distribution with Lawyer Services' Research tool.