Partition of an estate determines which assets each heir receives and how the estate is divided. A share shown on a certificate of inheritance does not automatically make a particular home or bank account yours alone. If there is more than one heir, an inheritance community exists until partition. Turkish Civil Code, Articles 599 and 640.

This guide explains agreed partition, partition agreements, mediation and court proceedings where Turkish law applies. Cross-border issues, agricultural land, representation of minors or persons with restricted legal capacity, and special rights of a surviving spouse require separate examination. This is general information, not an assessment of an individual case.

Sources checked: · Türkçe okuyun

What is an inheritance community?

Where there are several heirs, a community covering the estate’s rights and debts arises on succession and lasts until partition. The heirs hold the estate in undivided joint ownership, known in Turkish as elbirliği mülkiyeti. Subject to representation or management powers arising from law or agreement, they dispose of estate rights jointly. An heir’s statement that they are selling their inheritance share in a home does not by itself establish that they can sell a separate registered ownership share in that property. Civil Code, Articles 640 and 677.

An inheritance share is not exclusive ownership of a particular asset. The heirs and their shares must be identified, followed by the estate’s assets, debts and method of partition. For the entitlement rules, see our guide to legal heirs and inheritance shares in Turkey.

An individual heir may seek protection of estate rights, and that protection benefits all heirs. At an heir’s request, the civil court of peace may also appoint a representative for the inheritance community until partition. Appointment of a representative is a separate step from dividing the estate. Civil Code, Article 640. In his article on appointing an estate representative, lawyer Mustafa Kök illustrates this distinction through management needs before partition and the limits of the representative’s authority (in Turkish).

What should be prepared before partition?

  • Heirs and shares: Identify the certificate of inheritance and any dispute over who is an heir. Our certificate of inheritance guide explains the document’s role.
  • Assets and debts: Prepare a working list of property, accounts, receivables, debts and existing records. This is not a substitute for the documents required by each institution.
  • Wills and other dispositions: Check for arrangements affecting partition. Rules laid down by the deceased may matter under Article 647. See our guide to wills in Turkey.
  • Values and use: Identify asset values, who uses each asset and proposed cash payments. A disagreement about valuation should not be left unclear in the agreement.

It also helps to distinguish what each document establishes. The inheritance guide by Saim İncekaş, an inheritance lawyer in Adana, brings together certificates of inheritance, land records and any will in a document checklist (in Turkish).

Heirs possessing estate assets or owing money to the deceased have duties to provide information. Heirs must share information relevant to an equitable partition. Each heir may request payment or security for estate debts before partition. Civil Code, Articles 646 and 649.

How can heirs agree on partition?

Unless a contrary rule applies, heirs may decide how to divide the estate. They may consider allocating one asset to an heir and other assets or money to the others. A partition ending joint ownership across the estate must address participation or valid representation of all right holders; a majority agreement does not extinguish the remaining heirs’ rights. Civil Code, Articles 640, 646 and 676.

A partition agreement must be in writing to be valid. It should clearly identify the assets covered, who receives each asset, any equalisation payment and the steps for carrying out the arrangement. Article 676 also separately addresses the formation and actual receipt of allotted shares. That route should not be confused with the requirements for a written partition agreement. Lawyer Veli Savun also considers the writing requirement alongside the participation of the heirs in his explanation of partition agreements (in Turkish).

The agreement and land registry procedures require separate consideration. Although inherited real estate can be acquired before registration, registration is required for subsequent acts of disposal. Signing a private agreement does not automatically change the registered title. The necessary registration and formal requirements depend on the transaction. Civil Code, Articles 676 and 705.

Is transferring an inheritance share the same as changing the ownership form?

Transfer of an inheritance share: An agreement between co-heirs transferring a share in all or part of the estate must be in writing. Such an agreement between an heir and a third party must be drawn up by a notary. The third party does not acquire a right to participate in partition through that agreement; they may claim delivery of the share eventually allocated to the transferring heir. Civil Code, Article 677.

Conversion to ownership in defined shares: In a partition agreement, heirs may agree to convert joint ownership of all or some estate assets into ownership in defined shares corresponding to their inheritance shares, known as paylı mülkiyet. Article 644 also provides a separate court procedure at an heir’s request. Conversion does not necessarily mean selling or physically dividing the asset. Civil Code, Articles 644 and 676.

Is mediation required before filing a claim?

For disputes over partition of movable or immovable property and dissolution of joint ownership, applying to a mediator before filing a lawsuit is a procedural prerequisite. This should not be extended automatically to every inheritance dispute; the remedy and type of claim must first be identified. Being required to apply for mediation does not mean being required to accept a settlement. Law No. 6325, Articles 3 and 18/B.

If an agreement is reached within this scope, an enforceability endorsement must be obtained for the settlement document. For an agreement concerning real estate, the endorsement is obtained from the civil court of peace where the property is located. The court examines the agreement and compliance with statutory restrictions concerning the property. For an agreement transferring real estate or creating a limited right in rem, either party may request registration after the endorsement; the land registry still carries out the necessary examination. Law No. 6325, Article 18/B, paragraphs 2-5.

What happens if heirs cannot agree?

An heir may request partition unless a law or agreement requires the community to continue. They may ask the civil court of peace to divide particular estate assets in kind where possible, or through a sale where that is not possible. Where the conditions allow, properties may be allocated individually to heirs, with differences in value balanced by cash payments. Civil Code, Article 642.

A dispute does not automatically lead to a sale. The nature of the asset, whether it can be divided, loss of value and applicable special provisions must be considered. Article 651 regulates allocation of an asset that cannot be divided without significant loss of value, and sale with distribution of the proceeds where heirs cannot agree on division or allocation. If immediate partition would substantially reduce the value of an asset or the estate, the court may postpone partition at an heir’s request. Civil Code, Articles 642 and 651.

The civil court of peace, or sulh hukuk mahkemesi, has subject-matter jurisdiction over claims for partition of movable or immovable property or rights and dissolution of joint ownership. Territorial jurisdiction depends on the claim: Article 11 of the Code of Civil Procedure addresses the deceased’s last domicile for estate partition, while Article 12 addresses the property’s location for claims concerning rights in immovable property. Estate partition and dissolution of joint ownership in a particular property must be distinguished before choosing the court location. Code of Civil Procedure, Articles 4, 11 and 12.

A simple cash equalisation example

For illustration only, assume two heirs have equal shares and disregard debts and costs. Suppose the agreed value of a home is TRY 1,800,000 and the estate also contains TRY 1,200,000 in cash. The total is TRY 3,000,000, so each heir’s allocation is worth TRY 1,500,000.

  • The heir receiving the home pays the other TRY 300,000 from their own funds, leaving a net allocation worth TRY 1,500,000.
  • The other heir receives TRY 1,200,000 in estate cash plus the TRY 300,000 payment, totalling TRY 1,500,000.

This hypothetical example does not mean that every family has equal inheritance shares or that a court must order this allocation. Actual shares, debts, values, ability to pay and the legal conditions of the transaction must be established separately.

Does partition end liability for estate debts?

No. Heirs are jointly and severally liable for estate debts. Allocating a debt to one heir in a family agreement does not automatically remove the creditor’s ability to pursue the others. If the creditor has not expressly or implicitly consented to division or transfer of the debt, joint and several liability continues after partition. Article 681 provides a five-year period for this joint and several liability, running from partition or, for debts falling due later, their due date. This does not mean that every debt is extinguished at that point. Civil Code, Articles 641 and 681.

If the estate may be indebted, partition should not be confused with renunciation of inheritance. Applicable deadlines and the effect of actions already taken on the right to renounce require separate assessment.

Official sources and related guides

The official legislation linked below is in Turkish. The explanations on this page are an English summary, not an official translation.

Related starting points: inheritance shares, certificates of inheritance and wills in Turkey.