Inheritance Law Attorney in Cerkezkoy

We protect your family's rights in post-death property distribution, wills, and reserved portion lawsuits.

Inheritance law is a technically detailed field where emotional conflicts among family members are intense. From obtaining a certificate of inheritance to preparing inheritance partition agreements; from renunciation of inheritance to abatement lawsuits, we manage the entire process with the assurance of Atty. Fatih Özden.

Our Services

Certificate of Inheritance: Determination of legal heirs and share ratios from the Civil Court of Peace or Notary.
Distribution of Estate: Inheritance partition agreements and dissolution of partnership lawsuits in case of disagreement.
Abatement Lawsuits: Rights claims by heirs whose reserved portions are violated by uncompensated gains made by the deceased.
Renunciation of Inheritance: Filing a lawsuit within legal deadlines to reject an estate burdened with debt.

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+90 (538) 944 25 87

What Are the Steps of the Inheritance Process?

After a loved one passes away, the first step for heirs to exercise their rights is to establish who the heirs are and their shares. The estate's debts, tax obligations and division are then addressed together.

Certificate of inheritance: Obtained from a notary or the civil court of peace.
Determining the estate: Real estate, bank accounts, vehicles and debts are identified.
Renunciation: If the estate is insolvent, heirs can renounce the inheritance by declaration to the civil court of peace within 3 months of learning of the death (Civil Code art. 606).
Tax return: If the death occurred in Turkey, the inheritance and transfer tax return is filed within 4 months.
Division: Heirs can agree in a written partition agreement; otherwise mediation and then a partition lawsuit follow.

Reserved Shares, Abatement and Collusive Transfers

Reserved share: The deceased cannot remove the reserved shares of descendants, parents and spouse by will or gift. A descendant's reserved share is half of their statutory share (art. 506).
Abatement action: An heir whose reserved share has been infringed must sue within 1 year of learning of it and in any case within 10 years of the opening of the will or the estate (art. 571).
Collusive transfers (muris muvazaası): Gifts disguised as sales to deprive other heirs can be challenged by a title cancellation action, which is not subject to a limitation period.
Annulment of a will: Must be filed within 1 year of learning of the grounds and in any case within 10 years of the opening of the will against defendants acting in good faith (art. 559).
For insolvent estates, read our article on rejection of inheritance.

Frequently Asked Questions

Where is a certificate of inheritance obtained?

From any notary or the civil court of peace. Where a foreign element is involved or the heirs disagree, an application to the court is required.

What is the deadline to renounce an inheritance?

Statutory heirs can renounce within 3 months of learning of the death by an oral or written declaration to the civil court of peace. If the deadline is missed, the inheritance is deemed accepted.

How is an estate divided if the heirs disagree?

Mediation comes first. If no agreement is reached, a partition lawsuit is filed at the civil court of peace, and the court divides the property in kind or orders its sale.

My father transferred property to one child as a sham sale. What can I do?

If it is proven that the sale was in fact a gift intended to deprive the other heirs, a title cancellation action based on collusive transfer can be filed. There is no limitation period for this action.

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Debt Collection & Insolvency

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