Turkish Inheritance Law for Foreigners: Who Inherits and the Forced Share (Saklı Pay)
When someone dies leaving property in Türkiye, Turkish law usually decides who inherits that property and in what proportions. Under the Turkish Civil Code No. 4721 (Türk Medeni Kanunu, or TMK), close family members are statutory heirs in a fixed order, and the surviving spouse always takes a share alongside them. Just as importantly, the law sets aside a protected minimum portion called the forced share (saklı pay) for the closest heirs, which a will cannot freely take away. This guide explains, in plain terms, who inherits, how the estate is split, how the spouse's share changes depending on which relatives survive, and why a Turkish will has limits. It is general information, not legal advice for your situation.
Which law applies when a foreigner inherits in Türkiye?
If the assets are located in Türkiye, Turkish substantive inheritance rules will usually apply to them, even when the deceased or the heirs are foreign nationals. This flows from the Turkish Code on Private International Law and Procedure No. 5718 (MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary →). In broad terms, Turkish-situated real estate (immovable property) is handled under Turkish law, while other questions — such as which law governs movable assets — can depend on the deceased's nationality and other connecting factors.
The statutes in play: the Turkish Civil Code No. 4721 (TMK) sets out who inherits and the forced share; the Private International Law Code No. 5718 (MÖHUK) decides which country's law applies; and the Inheritance and Transfer Tax Law No. 7338 (Veraset ve İntikal Vergisi Kanunu) governs the tax side of transferring an inheritance.
Because jurisdiction and applicable-law questions can be technical — particularly when there is property in more than one country, or a foreign will — it is worth confirming early which law governs each asset.
Who are the statutory heirs? The degree-group (zümre) system
When there is no will, the TMK appoints heirs using a system of degree groups, called zümre in Turkish. Think of it as concentric circles around the deceased. The law works outward from the nearest circle, and a nearer group excludes the more distant one (TMK m.495 onward).
First group: descendants
The first group is the deceased's descendants — children, and through them grandchildren and further down the line. Children inherit in equal shares. If a child has already died, that child's own children step into their place and divide that branch's share between them. As long as there is even one living descendant, the second and third groups inherit nothing.
Second group: parents (and their descendants)
If the deceased leaves no descendants, the estate passes to the second group: the mother and father. If a parent has died, that parent's descendants — the deceased's siblings, and then nieces and nephews — take that parent's share (TMK m.496).
Third group: grandparents (and their descendants)
If there are no descendants and no surviving parents or their descendants, the estate moves to the third group: the grandparents, and after them their descendants (TMK m.497). Beyond these groups, the surviving spouse and, in defined cases, the State may come into the picture.
A practical takeaway: in most family situations the people who actually inherit are the spouse plus the children. The more distant groups usually matter only when there are no closer relatives.
The surviving spouse's share — and why it changes
The surviving spouse is a special heir: the spouse inherits together with whichever degree group applies, and the spouse's fraction depends on which group that is (TMK m.499). The closer the competing relatives, the smaller the spouse's portion; the more distant they are, the larger the spouse's portion.
- With the deceased's descendants (first group): the spouse takes one quarter of the estate, and the descendants share the remaining three quarters.
- With the deceased's parents' group (second group): the spouse takes one half, and the parents' group shares the other half.
- With the grandparents' group (third group): the spouse takes three quarters, and the grandparents' group shares the remaining quarter.
- If none of these groups survive: the surviving spouse inherits the entire estate.
These fractions describe the inheritance share under the TMK. The marital property regime (how assets built up during the marriage are divided between the spouses) is a separate calculation that can happen first and can change what actually reaches the spouse. The two should be assessed together, not in isolation.
What is the forced share (saklı pay)?
The forced share, or saklı pay, is a protected minimum slice of the estate that the law reserves for the closest heirs. It exists so that a person cannot use a will or lifetime gifts to completely cut off the people the law treats as most deserving of protection (TMK m.505–506).
The estate is, in effect, divided into two conceptual parts:
- The forced (reserved) portion — the part that protected heirs are guaranteed; and
- The freely disposable portion — the part the person can leave to anyone (a friend, a charity, one child over another) by will or gift.
Under the current TMK, the heirs entitled to a forced share are the deceased's descendants, the deceased's parents (in the situations where they inherit), and the surviving spouse. The forced share is expressed as a fraction of each such heir's normal statutory share, and it differs between these categories of heir. To avoid stating a figure that may not fit your facts, the exact fractions should be confirmed against the current text of TMK m.506 for each heir.
Note: siblings are not protected by a forced share under the current Civil Code. This is a point where older information circulating online may be out of date.
Can a will override the forced share?
No — not freely. A will (vasiyetname) or an inheritance contract can direct the freely disposable portion wherever the person wishes, but it cannot validly strip a protected heir of their forced share. If a will or a lifetime gift eats into someone's forced share, that heir does not automatically lose out: Turkish law gives them a route to claw back what they were owed.
The main tool is an action to reduce the excessive disposition — in Turkish, the tenkis davası (an action for abatement). Through it, a protected heir asks the court to cut back gifts or testamentary provisions to the extent they invade the forced share. There are conditions and time limits attached to such claims, so timing matters.
Disinheritance (ıskat) of a forced-share heir is possible only on narrow legal grounds that must be stated in the will and can be challenged. A wish to favour one relative over another, on its own, is not such a ground.
Because these claims are fact-sensitive and time-limited, an heir who suspects their forced share has been bypassed should seek advice promptly rather than wait.
Accepting or rejecting a Turkish inheritance
Inheriting is not only about assets — debts can travel with an estate. For that reason, Turkish law lets heirs reject (renounce) an inheritance within a defined period rather than be saddled with liabilities. There is a stated rejection (reddi miras) period — commonly referred to as three months — but because the start date and exceptions can vary, you should confirm the exact deadline for your case before relying on it.
Practical first steps for a foreign heir usually include obtaining a Turkish certificate of inheritance (veraset ilamı / mirasçılık belgesi), reviewing the estate's assets and any debts, and clarifying the inheritance and transfer tax position under Law No. 7338 before transferring or selling property such as real estate or company shares.
Where there is property in more than one country, a foreign will, or a dispute between heirs, coordinating the Turkish steps with the foreign ones early tends to prevent costly mistakes later.
How a lawyer can help
Foreign heirs most often need help with three things: confirming which law governs each asset, calculating the real shares (including the spouse's marital-property position and any forced-share issues), and handling the Turkish paperwork — the certificate of inheritance, tax filings, and the transfer or sale of Turkish assets. Where a will appears to cut into a forced share, or where heirs disagree, a lawyer can assess whether a tenkis or related claim is available and act within the applicable deadlines.
Every estate is different, and outcomes depend on the specific facts, documents, and family situation. Nothing here is a promise about how a particular case will be decided. For tailored guidance on a Turkish inheritance, you are welcome to contact Lexin Legal.
Frequently asked questions
As a foreigner, can I inherit property in Türkiye?
Yes. Foreign nationals can inherit assets in Türkiye, including real estate, subject to the general rules and to reciprocity limits that can apply to certain immovable property. Turkish inheritance rules under the Civil Code No. 4721 generally govern Turkish-situated assets, and the Private International Law Code No. 5718 (MÖHUK) decides exactly which law applies to each asset.
Does Turkish law apply if the deceased was not a Turkish citizen?
Often, yes — at least for Turkish-situated property. Real estate located in Türkiye is generally handled under Turkish law regardless of nationality, while the law applying to movable assets can depend on the deceased's nationality and other factors under MÖHUK No. 5718. The applicable-law analysis should be done asset by asset.
Can I disinherit my spouse or children in a Turkish will?
Not completely. Your spouse and descendants (and your parents in some situations) are protected by a forced share (saklı pay) under TMK m.505–506. A will can direct only the freely disposable portion. Full disinheritance is possible only on narrow legal grounds that must be stated and can be challenged.
What is the forced share (saklı pay) in simple terms?
It is a guaranteed minimum portion of the estate that the law reserves for the closest heirs — descendants, the spouse, and parents in defined cases. If a will or gift invades that minimum, the affected heir can ask a court to cut it back through an abatement action (tenkis davası).
How much does a surviving spouse inherit?
It depends on who else survives. Alongside the deceased's children the spouse takes one quarter; alongside the parents' group, one half; alongside the grandparents' group, three quarters; and if none of those groups survive, the spouse inherits everything (TMK m.499). The marital property regime is calculated separately and can affect the final outcome.
How long do I have to reject a Turkish inheritance?
Turkish law allows heirs to reject (renounce) an inheritance within a defined period — commonly cited as three months — which matters when an estate carries debts. Because the start date and exceptions vary, confirm the exact deadline for your circumstances with a lawyer before relying on it.
