Classes of Heirs and Succession by Representation

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

The system of classes of heirs determines the order in which blood relatives are called to inherit. The first class consists of the deceased’s descendants, the second of the parents and their descendants, and the third of the grandparents and their descendants. The presence of an heir in an earlier class generally prevents a later class from inheriting.

Passing of Shares Within the Same Class

Succession by representation means that the descendants of a person who died before the deceased take that person’s place. For example, if one of the deceased’s two children died earlier leaving two children, the share that would have passed to the deceased child is divided between that child’s children. The grandchildren do not take equal per-capita shares with the other surviving child.

In the second class, the maternal and paternal branches are assessed separately. If there is no heir on one side, the share allocated to that side may pass to the other branch. A surviving spouse affects both the proportion reserved for the spouse and who in the third class can inherit.

When TMK m. 497 and 499 are applied together, inheritance by the third class alongside a spouse is not unlimited. The position of persons beyond the grandparents and their children differs. The expression “closest relative” therefore does not alone determine the legal result; the family tree, order of deaths within each branch and existence of a spouse must each be established.

Source

Turkish Civil Code No. 4721, m. 495–499.

This article has been prepared for general legal information purposes.