Inheritance Distribution
Inheritance distribution is directly related to inheritance law. After the death of the deceased, the distribution of the assets left behind either according to the deceased’s valid will, or if there is no will, in accordance with the shares and amounts specified by law among the heirs, is called inheritance distribution. Although the deceased is the owner of the assets left behind, they are not completely free when appointing heirs. There are cases where the deceased cannot freely dispose of the entire estate. There are two types of heirs who have inheritance rights over the estate: “Legal Heirs” and “Designated Heirs.” Legal heirs are classified according to the degree system, while designated heirs are those whom the deceased has granted a part or all of the inheritance through a will.
How is Property Distribution Done in Inheritance?
Heirs have the right to decide how the inheritance will be distributed by making an inheritance distribution agreement among themselves. The inheritance distribution agreement must be made in writing and all heirs must participate. If the heirs cannot reach an agreement and fall into dispute, the course of action is to file a lawsuit for the division of the inheritance to ensure the inheritance is properly distributed.
Inheritance Share Ratios
The inheritance share ratios vary depending on whether the deceased’s spouse is alive or not. The surviving spouse is not an heir on their own. They have a right to a share in the inheritance together with the heirs of the relevant group (degree). If the deceased has no spouse, the entire inheritance is taken and shared by the heirs of the first group. However, if there is a surviving spouse, the inheritance share depends on which group the spouse inherits with.
If the surviving spouse inherits together with the first group, which is the descendants of the deceased, the spouse receives one-fourth (1/4) of the inheritance. The remaining share is equally divided among the descendants.
If the surviving spouse shares the inheritance with the deceased’s parents, who are the second group, the spouse receives half (1/2) of the inheritance. The remaining share is divided between the mother and father.
If the surviving spouse shares the inheritance with the deceased’s grandparents, who are the third group, the spouse has the right to three-fourths (3/4) of the inheritance, and the remaining one-fourth (1/4) is equally divided between the grandparents.
First Group (Degree) Heirs
In inheritance distribution, the first group heirs are the descendants of the deceased, which include the deceased’s children, grandchildren, and the children of those grandchildren. Each of the deceased’s children has an equal share in the inheritance. If one of the children has passed away, their share legally passes to their own heirs.
Second Group (Degree) Heirs
The heirs entitled to a share from the deceased’s inheritance in the second group are the deceased’s mother and father. However, to be an heir in the second group, it is required that the deceased has no surviving heirs in the first group. The mother and father each have an equal share. If both parents have passed away, the inheritance rights pass to the other children of the mother and father. If one parent has died and the other is still alive, the inheritance of the deceased parent passes to their heirs. However, if the deceased mother or father has no heirs, the surviving parent also receives the deceased’s share.
Third Group (Degree) Heirs
Upon the death of the deceased, if there are no heirs in the first and second groups, and there are no successors to the first and second groups, then the third group, which consists of the grandparents, have the right to a share in the inheritance. If the grandparents have passed away, the inheritance rights pass to their successors. If there are no successors, the surviving grandparent has the right to the inheritance.
Inheritance Rights of a Child Born Out of Wedlock
Since lineage is established by birth, a child is an heir from birth through the mother. For a child born out of wedlock to be an heir through the father, the lineage must be established either by a court decision or by the father acknowledging the child. Once the lineage is established, children born out of wedlock have the same inheritance rights as the first group heirs.
Heirs with Reserved Shares
As a general rule in our law, everyone has the right to freely dispose of their property. However, a portion of the inheritance shares of the descendants, ascendants, and spouse are protected by law, imposing certain restrictions on the testator’s freedom to dispose of their estate. This limitation is called the “reserved share” in our law. The testator cannot dispose of their estate through inheritance contracts, gifts, sales, or wills in a way that harms the reserved shares of the legal heirs. Heirs whose reserved share rights have been violated can file a reduction lawsuit (tenkis davası) after the testator’s death to reclaim their violated reserved shares by legal means.
The reserved share for descendants is half of their inheritance share, while for each parent in the second group, it is one-quarter separately. For the surviving spouse, the situation depends on with whom they inherit. If the surviving legally married spouse is an heir alongside descendants or parents, they have a reserved share of the entire legal inheritance; in other cases, the reserved share is three-quarters of the inheritance share.
What is Inheritance Transfer?
According to the provisions specified within the framework of the Civil Code, in the event of the death of the owner of an immovable property registered in the land registry, the transfer of the inheritance to the heirs listed in the inheritance certificate or the inheritance document obtained from the court is called the transfer of inheritance.
How Can Heirs Claim Their Rights in the Inheritance?
For an heir to receive their rightful share of the inheritance, they must first prove that they are an heir of the deceased and then prove the existence of their inheritance share. The document that proves a person is an heir is the certificate of inheritance (veraset ilamı). Each heir can individually obtain the certificate of inheritance and learn their share of the inheritance. Additionally, during the ongoing process, they can include the inherited property into joint ownership according to their share. A request for the certificate of inheritance can be made to notaries or civil courts of peace. An heir without a certificate of inheritance cannot proceed with the transfer of inheritance. After obtaining the certificate of inheritance, heirs can apply to the land registry office with this certificate, a detailed population registry extract, proof of payment of inheritance transfer tax, and their identity cards.
ANTALYA INHERITANCE LAWYER – ANTALYA INHERITANCE ATTORNEY
As can be understood, the inheritance rights that pass to the heirs upon the death of the deceased constitute a very complex process, requiring many procedures to be completed by the heirs. Due to the heirs’ lack of sufficient knowledge and necessary experience on the matter, this process may take longer than expected and become frustrating. Our law office provides you with professional assistance in the field of inheritance law and offers follow-up services for all your procedures.
