Heirship, the Estate and Universal Succession

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

In inheritance law, an estate means all rights and debts of the deceased that can pass by inheritance. This examination includes the deceased’s claims and debts as well as immovable property and bank accounts. Strictly personal rights are assessed separately according to their nature and special provisions.

Distinguishing an Heir from a Legatee

Under Article 599 of the Turkish Civil Code, heirs acquire the inheritance upon death and as a whole. Statutory exceptions are reserved. This consequence, called universal succession, does not require a separate transfer transaction for every asset in order to acquire the inheritance. Nevertheless, registration procedures and exercise of rights may require documentary proof of heirship.

By contrast, a person left a particular asset by will does not generally become its owner directly. Under TMK m. 600, that person acquires a personal claim against the person obliged to fulfil the legacy. Whether someone is an heir or a legatee depends more on the contents of the disposition than on its title.

A certificate of inheritance shows heirship and shares; it does not eliminate the opportunity to challenge the certificate. If there is more than one heir, a community of heirs exists over the estate until partition. Protective mechanisms such as renunciation of inheritance and official liquidation must be considered separately in relation to liability for debts.

Source

Turkish Civil Code No. 4721, m. 575, 598–600, 640–641.

This article has been prepared for general legal information purposes.