Inheritance Law and Inheritance Cases | Wills, Distribution, Estate Proceedings
Inheritance law is a branch of private law that regulates to whom and under which conditions a person’s estate will pass after their death.
Ebru ÇEBİ Law Office provides professional legal assistance to clients in inheritance cases as well as in inheritance distribution and contractual processes.
Our services cover a wide range, from the preparation of wills to estate determination, from inheritance renunciation to annulment actions. Proper management of these processes prevents potential disputes in the future.
In Which Cases Does an Inheritance Lawyer Provide Services?
An inheritance lawyer not only manages court proceedings but also provides consultancy and preventive legal measures.
The most common cases include:
- Drafting and annulment of wills
- Inheritance contracts, renunciation, and transfer procedures
- Care agreements until death
- Issuance and annulment of certificates of inheritance (succession certificates)
- Estate determination and inventory keeping
- Estate partition and inheritance distribution lawsuits
- Dissolution of co-ownership (partition lawsuits)
- Annulment actions against fraudulent or simulated transactions
- Lawsuits for the renunciation of inheritance
- Reduction (tenkis) and recovery of property (istihkak) actions
Common Inheritance Disputes
The most frequent problems encountered in inheritance cases are:
- Unequal distribution of inheritance among heirs
- Fraudulent transfers of immovable property during the decedent’s lifetime
- Wills prepared contrary to legal formalities
- Failure to declare estate assets in full
- Authority conflicts between appointed heirs and legal heirs
In such disputes, working with a lawyer specialized in inheritance law is critical to prevent the loss of rights.
Alternative Dispute Resolution and Mediation in Inheritance Law
Not every inheritance case has to go through lengthy court proceedings.
Often, agreements between heirs regarding estate distribution, debt settlement, or share transfers can resolve issues outside of court.
In such situations, mediation or settlement protocols may provide a fast and cost-effective solution.
Inheritance Law Support in Antalya
Ebru ÇEBİ Law Office provides comprehensive legal services in inheritance cases and estate proceedings, particularly in the districts of Muratpaşa, Konyaaltı, and Kepez in Antalya.
Whether preparing for litigation or receiving consultancy, following the right strategy and documentation directly determines the course of inheritance cases.
For professional support in inheritance distribution, reduction actions, annulment of fraudulent transfers, and property registration lawsuits in Antalya, please visit our Antalya Inheritance Lawyer page.
25 Most Frequently Asked Questions About Inheritance Law
1. What is inheritance and who are the legal heirs?
Inheritance is the entire estate left behind after a person’s death. Legal heirs are primarily the descendants (children, grandchildren), spouse, parents, and siblings.
2. What is a certificate of inheritance and where is it obtained?
A certificate of inheritance (succession certificate) shows who the heirs are and their shares. It can be obtained from the civil court of peace or a notary.
3. How is an inheritance share calculated?
The share depends on the surviving spouse and descendants. The Turkish Civil Code clearly regulates the distribution ratios.
4. How is renunciation of inheritance done and what is the deadline?
Renunciation of inheritance is a declaration that the heir does not accept the estate. It must be made within a statutory period by applying to the civil court of peace.
5. Do the deceased’s debts pass to the heirs?
Yes, debts are transferred along with the estate. However, if inheritance is renounced, the heirs are not liable for the debts.
6. How is a will prepared and what are the validity requirements?
A will may be handwritten, official, or in exceptional cases oral. If not prepared in accordance with legal requirements, it is invalid.
7. What is a fraudulent transaction in inheritance law?
A fraudulent transaction is made to conceal property from heirs. Such transactions may be challenged and annulled by filing a lawsuit.
8. What happens if one of the heirs renounces inheritance?
The share of the heir who renounces passes to their descendants or, if none, to the other legal heirs.
9. Under what circumstances can a will be annulled?
If a will is prepared unlawfully, under duress, or contrary to legal procedures, an annulment lawsuit may be filed.
10. What is an estate determination lawsuit and why is it important?
It is a lawsuit filed to record and secure all the assets of the deceased. It prevents disputes by clarifying the estate.
11. How long does an inheritance distribution lawsuit take?
The duration depends on the size of the estate, the number of heirs, and the workload of the court.
12. How much is the surviving spouse’s inheritance share?
The surviving spouse’s share changes depending on whether they inherit together with descendants or parents of the deceased.
13. What is a dissolution of co-ownership (partition) lawsuit?
If immovable property cannot be divided among heirs, a partition lawsuit is filed to terminate joint ownership.
14. How can inherited real estate or land be sold?
If all heirs agree, they can sell jointly. If not, a partition lawsuit may be filed, and the court can order a sale.
15. What should be done if heirs disagree?
First, amicable settlement should be attempted. If unsuccessful, court proceedings are initiated.
16. Which court hears inheritance cases?
Inheritance cases are generally heard by civil courts of first instance at the last residence of the deceased or where the property is located.
17. Can an unmarried partner inherit?
No, only legally married spouses are statutory heirs. However, inheritance may be granted by a will.
18. Can adopted or stepchildren inherit?
Adopted children inherit as biological children. Stepchildren are not legal heirs unless included in a will.
19. Is it mandatory to hire a lawyer for inheritance cases?
It is not legally mandatory, but due to the complexity of inheritance disputes, hiring a lawyer prevents loss of rights.
20. What is a reserved portion and how is it protected?
A reserved portion is a legally protected share of certain heirs. It cannot be removed by wills or contracts and is secured through reduction (tenkis) lawsuits.
21. What documents are required for renunciation of inheritance?
Usually, an identity record and a petition are sufficient. Additional documents may be required depending on the case.
22. Is there a statute of limitations for inheritance lawsuits?
Yes, different actions such as annulment or reduction have specific limitation periods regulated by law.
23. What is an inheritance renunciation agreement?
It is a contract where an heir waives their future inheritance rights. It must be officially notarized.
24. In which cases can estate debts not be rejected?
If an heir has accepted the inheritance, they are also liable for debts. Without renunciation, debts pass to the heirs.
25. How can inherited land or a joint title deed be divided?
Heirs may agree to divide it amicably. If no agreement is reached, the court may order sale or physical division.