Kinship and the Spouse’s Share in Intestate Succession

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

Intestate succession rests on kinship and family relationships specified by law, regardless of whether the deceased made a will. Descendants come first. Children inherit equally; a child who died before the deceased is represented by that child’s own descendants. If there are no descendants, the parents’ class is considered, followed by the third class if the second is also absent.

Position of the Surviving Spouse

The surviving spouse’s share varies according to the group inheriting alongside them. Under TMK m. 499, the spouse receives one quarter alongside descendants, one half alongside the parents’ class, and three quarters alongside grandparents and their children. If the persons specified by law in the last group are also absent, the entire inheritance passes to the spouse.

An adopted child and their descendants inherit from the adopter as blood relatives; the adopted child’s inheritance rights in their original family continue. Conversely, the adopter and the adopter’s relatives do not become intestate heirs of the adopted child. For a child born outside marriage, legal establishment of parentage is decisive for inheritance through the father.

An intestate share is not the same as a reserved share. Matters such as a will, renunciation of future inheritance, renunciation after death or unworthiness may affect the final distribution. Shares therefore cannot be calculated solely from descriptions of relatives without examining population records, the order of deaths and testamentary dispositions together.

Source

Turkish Civil Code No. 4721, m. 495–501, 598.

This article has been prepared for general legal information purposes.