How Is an Inheritance Divided? Statutory Shares
Inheritance shares are determined by groups of heirs (parentelic orders). If the spouse and children are heirs together, the spouse receives one quarter.
Short answer: An inheritance is divided according to the groups of heirs (orders) set by law. The first order consists of the deceased's descendants (children); if the spouse is an heir together with descendants, the spouse takes one quarter of the estate and the remainder is divided equally among the children (TMK art. 499).
Orders of heirs
- 1st order: Descendants (children, or grandchildren if there are no children).
- 2nd order: Parents and their descendants (siblings).
- 3rd order: Grandparents and their descendants.
The surviving spouse is an heir in every case:
- With descendants: 1/4
- With the parents' order: 1/2
- With the grandparents' order: 3/4
- If there are no other heirs: all of it
Example
In an inheritance leaving a spouse and two children: the spouse takes 1/4, and the remaining 3/4 is divided between the two children; each child receives 3/8.
Reserved portion
The law also provides heirs with a reserved portion that cannot be reduced by a will. The reserved portion of descendants is half of their statutory share and that of parents is a quarter; the spouse's reserved portion, when an heir together with descendants or parents, is the whole of their statutory share (TMK art. 506). Dispositions that infringe the reserved portion are subject to reduction (tenkis).
Frequently asked questions
Can I leave everything to one person by will?
You cannot exceed the reserved-portion limit; in case of infringement an action for reduction can be filed.
What if the heirs cannot agree?
An action for partition of co-ownership (izale-i şuyu) can be filed. For details, see our article partition of co-ownership.
How does inherited property pass to the title deed?
For details, see our article transfer of inherited property to the title deed.
Sources: mevzuat.gov.tr · adalet.gov.tr
This article is for general information only and is not legal advice; legislation and practice may change. Compiled as of October 2026. For your specific case, contact us or consult a lawyer.
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