How to File an Inheritance (Probate) Lawsuit in Turkey? 2026

How to File an Inheritance (Probate) Lawsuit in Turkey? 2026 Turkey Updated Legal Guide – How to Divide the Estate, Litigation Process, and Key Court of Cassation (Yargıtay) Rulings.

In Turkish inheritance law, the core concepts are shaped by the definition of inheritance and the principles of heirship. Inheritance is the process by which a deceased person’s estate—together with all rights and debts—passes to the heirs by law or under a will. Heirship refers to the status of being entitled to the estate upon the decedent’s death. Within inheritance law, the scope of the estate and the rights/obligations of heirs are determined; essential procedures such as division of the estate, renunciation, and remedies against unlawful acts are regulated. In addition, transactions subject to law or to a will, the determination of shares, and obtaining a certificate of inheritance (veraset ilamı) play key roles in clarifying legal status.

Fundamental principles include protecting the testator’s rights, ensuring a fair distribution of shares, and safeguarding reciprocal rights among heirs. To apply the rules properly, heirs should understand the basic concepts and procedures. Matters concerning the scope of the estate, heirship, the determination of shares, and liquidation of the estate hold significant importance in the legal system. In the event of disputes during inheritance procedures, applications to the courts aim to protect rights and ensure legal certainty. Regulations in inheritance law adopt the principle of protecting heirs’ rights fairly and efficiently; strict compliance with procedural and substantive rules is therefore essential.

1. What Are “Inheritance” and “Heirship” in Turkey?

Inheritance is the totality of assets and rights left by a person after death. Upon death, the decedent’s property and rights pass to heirs in accordance with legal regulations. Inheritance law governs this process and lays down the rules for distribution.

Heirship means the persons entitled to the estate after the decedent’s death. Heirs may be designated by law or by will; eligibility may differ based on blood relation, marriage, or statutory provisions. Within this framework, heirs have rights and obligations proportional to their shares; in some cases, there may be renunciation of inheritance or disinheritance. To prevent unlawful interference—such as fraudulent transfers—various legal mechanisms and lawsuits are available. In this way, legal security is ensured and the estate is distributed fairly and orderly. Thus, the concepts of inheritance and heirship are the cornerstones that allow the legal process to function correctly.

Inheritance lawsuits in Turkey are among the most important civil cases, affecting both family relations and the distribution of assets. When a person dies, the estate is divided among the heirs under the Turkish Civil Code. Often, however, disputes arise over division, title deeds, wills, or reserved portions (saklı pay), making litigation necessary.

How is an inheritance lawsuit filed, which court is competent, how long does it take, and what documents are needed? Below is the process in Turkey as of 2026:

2. What Is the Purpose of an Inheritance Lawsuit?

An inheritance lawsuit is filed by heirs seeking to protect their rights over the estate or to demand distribution after the decedent (muris) passes away.

Purposes include:

Annulment of unlawful transactions,

Determination of inheritance shares,

Protection of reserved portions,

Annulment of improper transfers,

Ensuring fair distribution of the estate.

Legal Basis: Turkish Civil Code No. 4721, Articles 495–682.

3. What Is a Certificate of Inheritance (Veraset İlamı) and How Is It Obtained?

A certificate of inheritance is an official decision issued after the decedent’s death, documenting the heirs’ legal status and shares. It is the foundational document for inheritance-related transactions and claims.

To obtain it, an application is made to the competent court, submitting documents such as the decedent’s death certificate, population registry extract, and identity information of heirs. The court examines whether the applicants are heirs by law or under a will and, if the request is accepted, issues the certificate showing each heir’s share and rights.

The certificate is used for estate transactions, division, asset transfer, and litigation. It facilitates smooth procedures during distribution or liquidation. If any obstacle or dispute arises, the court may request additional evidence, which can prolong the process. Obtaining this certificate is a vital step for protecting heirs’ rights.

4. Lawsuit for Division of the Estate (Taksim)

If all heirs want to divide the estate but cannot reach agreement, they file a division (partition) lawsuit before the Civil Court of Peace (Sulh Hukuk Mahkemesi). The court appoints experts to value the assets and orders an equitable partition.

5. Lawsuit for Certificate of Inheritance

If the heirs are unclear or there are errors in the civil registry, a lawsuit for certificate of inheritance is filed. Without this document, estate division or title deed procedures cannot be performed.

6. What Is a “Muris Muvazaası” (Fraudulent Conveyance by Decedent) Lawsuit and How Is It Filed?

Muris muvazaası refers to the decedent’s deliberate transfers of property to certain heirs or third parties to obstruct fair distribution, i.e., sham transactions intended to defraud other heirs. Proving such intent and the irregular transfer is central.

To file, evidence must first be collected showing the irregular transfer and fraudulent intent. Then the lawsuit is brought with a petition detailing the sham and attaching the evidence. The court examines the true purpose of the transaction, the parties’ intent, and legality. If sham is proven, the transaction is invalidated and shares are redistributed fairly, preventing further loss of rights.

If the decedent transferred an immovable by a simulated sale to conceal a gift and deprive certain heirs, the other heirs may file a muris muvazaası (title annulment) action before the Civil Court of First Instance (Asliye Hukuk Mahkemesi). According to the Court of Cassation, such sales are deemed disguised gifts and must be annulled.

Court of Cassation 1st Civil Chamber, 2024/3124 E., 2025/1128 K.:

“Sales carried out with the intent to deprive heirs are sham transactions; the title deed shall be annulled and re-registered.”

7. What Is a Lawsuit for Annulment of a Will and How Is It Filed?

If the will is contrary to law or violates reserved portions, heirs can file a lawsuit to annul it.

8. What Is a Lawsuit for Violation of Reserved Portion and How Is It Filed?

The reserved portions of children, the spouse, and parents are protected. If these are violated, a reduction action (tenkis davası) is filed to restore balance.

9. What Is a Lawsuit for Dissolution of Co-Ownership (İzale-i Şuyu) and How Is It Filed?

If an immovable remains in co-ownership among heirs, a lawsuit for dissolution of co-ownership is filed to achieve division. The property is either sold and the proceeds distributed, or it is partitioned in kind.

10. What Is a Reduction (Tenkis) Lawsuit and How Is It Filed?

A reduction lawsuit is brought by an heir or creditor to examine whether the decedent’s dispositions—such as gifts or testamentary dispositions—exceed legal limits and infringe reserved portions. Its aim is to restore legal balance and ensure a fair distribution.

The action may be filed after the estate has been distributed or after the dispositions are made. The plaintiff requests the court to determine whether the decedent’s dispositions comply with statutory limits. The court collects documents and evidence, hears the parties, and may seek expert opinions. If unlawful, the court reduces or annuls the dispositions to the lawful level; lawful dispositions consistent with common interest are preserved.

The subject matter is not limited to gifts or wills; other legal acts affecting the estate may be reviewed. The reduction lawsuit is a key mechanism to protect the estate and reflect the testator’s legitimate intent within the law.

11. What Is Equalization in Inheritance and How Is It Filed?

An equalization (denkleştirme) lawsuit aims to ensure equitable allocation of shares among heirs—especially where past gifts or acts caused disproportion. Heirs file to correct deviations and to achieve a fair distribution; the court evaluates the value of prior gifts, legal rules, and each heir’s rights to ensure conformity with inheritance principles.

12. What Is “Entitlement” (Hak Ediş) in Inheritance and How Is It Filed?

In inheritance law, entitlement denotes an heir’s right—consistent with his/her share—to specific assets or rights. To assert entitlement, requirements typically include obtaining the certificate of inheritance, determining the share, and applying to the competent authority/court. An entitlement lawsuit secures the heir’s share and fosters equitable distribution; it can be pursued directly in court if disputes arise.

12. What Is a Lawsuit for Annulment of Mortis Causa Dispositions and How Is It Filed?

A lawsuit for annulment of mortis causa dispositions invalidates dispositions—such as wills, gifts, or inheritance agreements—that are legally defective or should be annulled. The plaintiff must show illegality or defect. The court examines the factual circumstances at the time of the act, how and why the disposition was made, and whether it was prompted by improper motives (e.g., concealment or inducement contrary to the testator’s true will). Limitation periods apply; actions generally must be filed within the statutory time limits following death. If illegality is proven, the court annuls the disposition, thereby protecting heirs’ rights and ensuring fair distribution.

13. What Is “Execution of the Will” and How Is the Lawsuit Filed?

A lawsuit for execution of the will seeks court orders to carry out the testator’s instructions regarding distribution after death. Applicants submit the will and supporting documents on shares and beneficiaries. The court verifies the will’s validity and compliance with law and issues orders to ensure proper distribution; it may hold hearings to resolve disputes.

14. What Is “Renunciation of Inheritance” and How Is the Lawsuit Filed?

Renunciation of inheritance is an heir’s refusal to accept the estate and its liabilities. The heir notifies the court by a written declaration—generally within three months from learning of the inheritance. Failure to act within time may forfeit the right to renounce. The court examines whether the declaration was free and informed, and whether there is any connection to fraudulent acts. The renunciation becomes effective with the court’s decision.

15. What Is “Unworthiness to Inherit” (Mirastan Yoksunluk) and How Is It Filed?

A petition for unworthiness seeks a court ruling that an heir is unworthy due to conduct preventing acquisition of the inheritance (e.g., serious wrongdoing against the decedent). The court examines the act’s conformity with inheritance principles and whether the estate transfers to the rightful beneficiaries. If unworthiness is declared, the person loses heir status and the estate passes to others by law or will. This ruling also affects issuance of the certificate of inheritance.

16. What Is “Disinheritance” (Mirastan Çıkarma) and How Are Such Lawsuits Filed?

Disinheritance is a legal process—under specified grounds—removing an heir’s right to inherit, typically due to serious crimes or conduct violating law or morality, or for other statutory reasons. The party seeking disinheritance files a petition with legal grounds and evidence. The court evaluates evidence, hears witnesses, and may appoint experts. If the statutory grounds are met, the court orders partial or full disinheritance; once final, the disinherited person’s share passes to other heirs.

17. Which Court Has Jurisdiction Over Inheritance Lawsuits?

Jurisdiction depends on the type of case:

Division of estate (taksim): Civil Court of Peace (Sulh Hukuk Mahkemesi)

Fraudulent conveyance by decedent (muris muvazaası), title annulment: Civil Court of First Instance (Asliye Hukuk Mahkemesi)

Annulment of will: Civil Court of First Instance

Reduction (tenkis) for violation of reserved portion: Civil Court of First Instance

Certificate of inheritance (veraset ilamı): Civil Court of Peace

Dissolution of co-ownership (izale-i şuyu): Civil Court of Peace

Venue: The court at the decedent’s last domicile (Turkish Civil Code Art. 576).

18. Documents Required to File an Inheritance Lawsuit

Decedent’s death certificate,

Population registry extract,

Certificate of inheritance (veraset ilamı),

Title deed or other asset documents,

Bank statements,

Copy of any will,

ID copy and address declaration.

If filing through a lawyer, a notarized power of attorney is required.

19. How to File an Inheritance Lawsuit (Step by Step)

Step 1: Prepare the statement of claim (petition) personally or through a lawyer. State the case type, parties, claims, and legal grounds clearly.

Step 2: Apply to the competent court. Filing can be done through the UYAP National Judiciary Informatics System or at the court registry.

Step 3: Pay court fees and expenses. (As of 2026, generally TRY 1,000–3,000 depending on case type.)

Step 4: Court review. The court serves notices to parties, examines expert reports and land registry records, and may conduct an on-site inspection.

Step 5: Judgment and registration. The judge decides on distribution or annuls unlawful acts. Once final, title registrations are made.

20. How Long Do Inheritance Lawsuits Take?

Inheritance lawsuits typically conclude within 9 to 15 months. If expert appraisals, cadaster or title investigations are needed, the process can extend up to 2 years.

Court of Cassation 1st Civil Chamber, 2024/3465 E., 2025/1243 K.:

“Due to technical examinations and the large number of parties, inheritance division cases take a long time; the court must observe the principle of speedy trial.”

21. Is There a Time Limit to File Inheritance Lawsuits?

The general statute of limitations is 10 years.

However, under Court of Cassation practice, actions based on muris muvazaası (fraudulent conveyance) or title annulment are not time-barred; as long as the title record exists, the case may be filed.

Court of Cassation 1st Civil Chamber, 2024/3591 E., 2025/1378 K.:

“Title annulment lawsuits based on muris muvazaası are not subject to limitation; heirs may sue as long as the title record exists.”

22. Costs and Fees in Inheritance Lawsuits

Main expenses when filing:

Application fee,

Advance court fee (based on claim value),

Expert, site inspection, and notification costs.

Average litigation expenses: TRY 2,000–8,000. Attorney fees are determined under the 2026 Union of Turkish Bar Associations tariff.

23. Selected Court of Cassation Rulings: How to File an Inheritance Case in Turkey (2026)

Yargıtay 1st Civil Chamber, 2023/4211 E., 2024/2045 K.:

“A simulated sale by the decedent to deprive heirs is invalid; the title must be annulled and re-registered.”

Yargıtay 8th Civil Chamber, 2024/3784 E., 2025/1426 K.:

“Where continued co-ownership causes disputes among heirs, the court must order dissolution of co-ownership.”

Yargıtay 3rd Civil Chamber, 2024/3275 E., 2025/1198 K.:

“In case of violation of the reserved portion, a reduction (tenkis) action may be brought; the heir’s share is protected by law.”

24. How to File an Inheritance Lawsuit in Turkey (2026)

An inheritance lawsuit is the legal avenue to assert rights. If heirs cannot agree, litigation is the safest path. Such cases are filed for division or for annulment of unlawful acts. The competent court is the Civil Court of Peace or Civil Court of First Instance, depending on the type of claim.

Documents must be complete and deadlines must not be missed. There is no statute of limitations for title annulment and muris muvazaası cases. Court of Cassation case law protects heirs’ rights.

Because the process is complex, obtaining professional assistance from a lawyer both accelerates the case and prevents loss of rights.

25. Legal Counsel and Advocacy – How to File an Inheritance Lawsuit in Turkey (2026)

Legal counsel plays a crucial role in the complex field of inheritance law. The guidance of an experienced attorney is essential to conduct procedures correctly and effectively—analyzing rights and obligations, selecting the most appropriate legal remedies, and ensuring smooth progress.

Attorneys prepare and follow up on the necessary documents at the application stage, obtain certificates of inheritance, and provide specialized counsel in division and entitlement lawsuits, thereby safeguarding rights and ensuring compliance with legal requirements. Expert guidance is indispensable in complex actions such as muris muvazaası, reduction (tenkis), equalization (denkleştirme), and entitlement.

Within consultancy services, clients are guided on filing, tracking, and concluding cases. Attorneys represent clients before courts and public authorities at every stage so that all procedures comply with the law and rights are preserved. They also defend clients effectively in renunciation, unworthiness, and disinheritance cases.

Lawyers often play a mediating role to resolve disputes before litigation and determine the right litigation strategy when filing becomes necessary. In short, experienced legal counsel is fundamental to ensuring that inheritance procedures are completed lawfully and smoothly.