Legal Heirs and the Basics of Inheritance Distribution in Turkish Inheritance Law

The Order of Succession - Legal Heirs

In Turkish inheritance law, the order of succession (known as the zümre system) forms the basis for inheritance distribution. If there are heirs in the first order, no one from the second or third order can inherit. The estate is distributed among the heirs of the first order. If there are no heirs in the first order, it is checked whether there are heirs in the second order. If so, the estate is distributed among the heirs of the second order. If there are no heirs in the first two orders, the estate is distributed among the heirs of the third order. If there are no heirs in the first three orders and there is no surviving spouse as an heir, the estate passes to the state as the last legal heir.

Distribution Within the Order - Representation by Branch

The heirs of the first order consist of the deceased’s children and other descendants. The children inherit in equal shares. If a child has predeceased the decedent, the grandchildren take the place of their deceased parent and inherit the share that would have belonged to that parent, dividing it equally among themselves. Adopted grandchildren do not inherit from the decedent.

The second order consists of the decedent’s parents, the decedent’s siblings and nieces, nephews, and their descendants. The parents inherit in equal shares. If a parent has predeceased the decedent, that parent’s share passes to the decedent’s sibling. The siblings divide this share equally. If a sibling has predeceased the decedent, that sibling’s children (the decedent’s nieces and nephews) inherit their parent’s share in equal parts. Adopted siblings and adopted nieces and nephews do not inherit from the decedent. Half-siblings (sharing only one parent) inherit as full siblings would, taking the place of the deceased common parent.

The third order includes the decedent’s grandparents. Grandparents on both maternal and paternal sides inherit in equal shares. If a grandparent has predeceased the decedent, their share passes to their children - that is, the decedent’s uncles, aunts - who divide it equally among themselves. If an uncle or aunt has predeceased the decedent, their children (the decedent’s cousins) take their place and divide the share equally. (When the surviving spouse inherits together with heirs of the third order, there are restrictions on the estate passing to the grandchildren of the grandparents; see “Inheritance Rights of the Spouse.”) Adopted uncles, aunts, and cousins cannot inherit from the decedent’s estate.

Inheritance Rights of the Spouse

The surviving spouse inherits alongside the heirs of the orders of succession. If inheriting together with first-order heirs, the spouse receives one-quarter (¼) of the estate. If inheriting together with second-order heirs, the spouse receives one-half (½) of the estate. When inheriting alongside third-order heirs, the rules differ: if the estate is inherited together with the grandparents and their children, three-quarters (¾) of the estate goes to the spouse; if there are no such heirs, the entire estate passes to the spouse.

Inheritance Distribution in Turkish Inheritance Law