Assignment of an Inheritance Share in Turkey: Civil Code Articles 677–678

1. Article 677 concerns the inheritance share before final partition

An inheritance share represents an heir’s participation in the estate. Before partition, that participation exists within the inheritance community rather than as automatic sole ownership of a particular apartment, bank account or vehicle. Article 677 allows contracts over all or part of that inheritance share, but it does not abolish the legal structure of the estate.

A contract should therefore identify whether it transfers the heir’s entire estate participation or only a defined portion. Ambiguous language such as “I give my apartment share” can create problems where the apartment has not yet been individually allocated to that heir.

The first drafting task is to identify the deceased, the succession date, the heirship basis, the inheritance fraction and the estate or portion covered by the contract. The heirship certificate and current estate inventory should be reviewed before consideration is paid.

2. An assignment between heirs must be in writing

The first paragraph of Article 677 states that an agreement between heirs for assignment of an inheritance share over all or part of the estate is valid only in written form. Oral agreement is therefore insufficient for the statutory assignment.

The document should identify both heirs, the estate, the scope of the assigned share, consideration if any, timing, allocation of costs and the treatment of income and liabilities. A short document satisfying only the signature requirement can still generate later disputes if its economic scope is unclear.

Because the transferee is already an heir, the agreement operates within the existing inheritance community. Separate partition or registration acts may still be required to reflect final ownership of specific assets.

3. An assignment to a third person is legally different

The second paragraph of Article 677 expressly distinguishes a contract between an heir and a third person. A buyer, friend, creditor, company or relative who is not already an heir falls within this third-person rule.

The contract does not make the third party an heir. It creates a contractual right connected to the result of the assigning heir’s partition. This distinction protects the inheritance community from having an outsider automatically enter the internal partition simply by buying one heir’s expectation.

The third party should understand that the economic result can depend on partition, estate debts, reduction claims, title restrictions and other events affecting what is ultimately allocated to the assigning heir.

4. Article 677 requires notarial execution for the third-person contract

A third-person inheritance-share assignment is valid only if executed by a notary in the form required by Article 677. A private signed agreement, email exchange or bank transfer alone does not satisfy this statutory form.

The notarial instrument should match the legal transaction actually intended. If the parties are really attempting a direct sale of a specific registered property, different title and form rules apply. Calling a real-estate sale an “inheritance-share assignment” does not avoid mandatory property-transfer formalities.

For an heir abroad, the notarial transaction may be performed through an authorised representative where the power of attorney lawfully contains the necessary powers. The authority should be drafted for the specific assignment, not assumed from a generic litigation mandate.

5. The third-party assignee does not gain the right to participate in partition

Article 677 is explicit that the contract with a third person does not grant that person the authority to participate in partition. This is one of the most important limits of the transaction.

The existing heirs remain the parties to the inheritance-community and partition framework. The third-party assignee cannot replace the assigning heir in every internal estate decision, demand to vote as an heir or independently control the distribution merely by pointing to the contract.

Contract drafting should not promise powers that Article 677 does not grant. If the assignee needs procedural protection, counsel should identify lawful contractual or security mechanisms without falsely describing the third party as an heir.

6. The third party receives a claim to what is ultimately allocated to the assigning heir

Article 677 provides the third-party assignee with a right to demand delivery of the share allocated to the assigning heir at the end of partition. The statutory wording links the third party’s entitlement to the assigning heir’s eventual allocation.

This means the third party accepts partition-related risk unless the contract provides lawful protections. The heir may receive a different combination of assets than the parties expected when the assignment was signed.

A contract should therefore address whether the obligation is satisfied by money, a proportional interest in assets or the specific property if that property is in fact allocated to the heir. The parties should avoid assuming an asset allocation that the inheritance community has not yet completed.

7. Assignment of an inheritance share is not the same as sale of inherited real estate

An heir’s estate share and title to a specific immovable are different legal concepts. Before partition, Article 640 collective ownership governs the estate. A third-party assignment under Article 677 does not by itself record the assignee as owner of a Turkish apartment at the Land Registry.

If the parties want to transfer a specific registered property after partition, the Land Registry transaction must comply with the real-estate transfer rules. Foreign ownership restrictions and documentation can also be relevant where the transferee is a foreign national.

For the partition stage, see Inherited Property in Turkey: Agreement, Partition or Sale.

8. Article 640 remains relevant until partition

When several heirs exist, Article 640 creates a community covering estate rights and debts until partition. Estate assets are held in collective ownership and estate rights are generally exercised jointly unless a lawful representation or management rule applies.

An Article 677 contract does not automatically terminate this community. The assigning heir remains part of the statutory structure, particularly where the assignee is a third person without partition rights.

For a detailed explanation, see Community of Heirs in Turkey: Article 640.

9. Article 678 restricts contracts over an inheritance before death

Article 678 addresses a different time period: before the inheritance has opened. It states that, without the deceased’s participation or permission, a prospective heir’s contract concerning an unopened inheritance with other heirs or a third person is invalid.

This prevents a person from freely selling a future inheritance while the person whose estate is involved is still alive, unless the statutory participation or permission condition is satisfied. The rule protects testamentary freedom and prevents speculative trading in another person’s future estate.

Article 678 also states that performances made under such an invalid agreement may be reclaimed. A party who paid money under a prohibited pre-death inheritance agreement should preserve bank records and the contract for the restitution analysis.

10. The Civil Code does not replace commercial valuation of the assigned share

Article 677 sets form and legal effect; it does not guarantee that the agreed price is economically fair. A purchaser should perform due diligence on assets, debts, disputes and likely partition costs before paying.

The estate’s gross value can be misleading. Mortgages, tax liabilities, pending litigation and estate debts can materially reduce what the assigning heir ultimately receives. The agreement should state how newly discovered liabilities affect the price or risk allocation.

Where consideration is paid in stages, objective milestones—such as issuance of the heirship certificate, registration or completion of partition—can reduce performance disputes.

11. Assignment does not erase estate debts or heir liability

Articles 599 and 641 govern personal and joint liability of heirs for estate debts. A contract assigning the economic benefit of an inheritance share does not automatically release the assigning heir from statutory liability toward estate creditors.

Release from a creditor obligation requires the relevant legal basis and, where necessary, creditor consent. The assignee and heir cannot privately rewrite a creditor’s rights merely by allocating debt between themselves in the assignment contract.

For liability, see Estate Debts in Turkey.

12. Tax consequences and title costs are separate from Article 677 validity

The Civil Code form rule does not answer every tax question generated by a paid or gratuitous assignment. The transaction’s classification, consideration, assets and parties can affect tax treatment.

Inheritance and gift tax arising from succession should be distinguished from taxes, fees and charges connected with the later assignment or property transfer. A notarial contract is not proof that every tax obligation has been completed.

Before signing, the parties should calculate the net economic result including notarial fees, translation/authentication costs, possible tax liabilities and later title expenses.

13. A foreign heir can assign a share through a properly drafted Turkish power of attorney

An heir who lives abroad can authorise a lawyer or another representative to execute permitted transactions in Türkiye if the power of attorney contains the required authority. Because inheritance-share assignment can have irreversible financial consequences, express transaction powers should be considered.

A foreign power of attorney must be prepared for use in Türkiye through the applicable authentication regime and Turkish translation. See Power of Attorney for a Lawyer in Turkey from Abroad.

MÖHUK Article 20 should also be reviewed where the estate has foreign elements. Turkish law expressly governs succession to immovable property located in Türkiye.

14. Drafting checklist for an Article 677 agreement

Identify the deceased and death date; the heirship certificate; the assigning heir’s statutory or testamentary share; whether the transferee is another heir or a third person; the precise scope of the assigned share; consideration and payment schedule; known estate debts; income received after death; taxes and costs; representations about disputes; and the steps required after partition.

If the transferee is a third person, use the notarial form required by Article 677 and state expressly that the assignee does not become a participant in partition. If the transaction is between heirs, ensure the written-form requirement is met.

Do not mix a future-inheritance agreement governed by Article 678 with an assignment after death under Article 677. The date of death and the timing of the contract are legally decisive.

Conclusion

Assignment of an inheritance share in Turkey is governed by Civil Code Article 677. A contract between heirs must be written; a contract between an heir and a third person must be executed by a notary. The third person does not enter the partition and instead obtains a claim to the share ultimately allocated to the assigning heir. Article 678 separately invalidates unauthorised contracts over an unopened inheritance. Foreign heirs should distinguish estate-share assignment from direct real-estate transfer, review debt exposure and use transaction-specific authority before signing from abroad.