Turkey inheritance law clarifies notary requirements for asset sharing

Recent discussions regarding changes to inheritance laws in Turkey have clarified the requirements for sharing inherited assets among heirs. While some reports suggest that notary approval has been abolished for inheritance sharing, current legislation under the Turkish Civil Code (Law No. 4721) maintains specific distinctions.

For heirs sharing an estate among themselves, a written agreement is sufficient to establish a legal division of assets. This provision has been in effect since January 1, 2002. However, if an heir intends to transfer their share to a third party who is not an heir, the transfer agreement must be executed through a notary to be valid under Article 677 of the Civil Code.

Furthermore, a written agreement between heirs regarding the division of property does not automatically complete the registration process in the land registry. To finalize the transfer or partition of real estate, separate procedures must be completed in accordance with Land Registry and Cadastre regulations, which may require the participation of all heirs or their authorized representatives.