LEGAL PROCESS FOR INHERITANCE AND ESTATE DETERMINATION IN TURKEY

Inheritance determination in Turkey is the legal process of accurately and comprehensively identifying all assets and liabilities left behind by a deceased person. When information regarding the deceased’s assets is insufficient or unclear, a lawsuit for inheritance determination in Turkey can be filed by the legal heirs. This legal action is important both for clarifying the scope of the inheritance and for ensuring its proper distribution in accordance with legal procedures. This legal process is closely related not only to Inheritance Law, but also to the disciplines of Turkish Real Estate Law and Turkish Law of Obligations.

A lawsuit for estate determination in Turkey is initiated when the legal heirs apply to the court in Turkey to identify the scope of the deceased’s estate. In this context, the process includes investigating records of the deceased’s movable and immovable assets in Turkey, preparing an inventory of estate in Turkey, and conducting a legal assessment of the estate elements. During this process, the court conducts the necessary investigations, determines the assets and debts included in the estate, and issues a judgment accordingly.

The purpose of determination of inheritance in Turkey is to objectively present the estate of the deceased and to protect the rights of the heirs. In addition, the identification of the deceased’s debts and the regulation of their payment procedures are also covered by this lawsuit. In this respect, the process of determining estate assets in Turkey is not only about the distribution of the estate, but also serves as an important legal procedure to prevent future legal disputes that the heirs may face.

WHAT IS AN ESTATE IN TURKISH LAW?

Estate is a legal concept in Turkey that refers to the entirety of the estate left behind by an individual upon their death. This term encompasses all active and passive elements of the deceased’s assets in Turkey that are transferred to the heirs upon the death of the decedent. The inventory of estate in Turkey refers to the complete set of assets and liabilities left behind by a deceased individual.

Active assets include the deceased’s property, receivables, and other items of economic value, while passive assets cover debts and obligations. As a general rule, all rights and liabilities of the deceased are included in the estate in Turkey; however, in some exceptional cases, there may be elements excluded from this scope.

The estate plays a fundamental role in the identification of inheritance in Turkey and its legally appropriate distribution. Legal heirs may file a lawsuit for estate determination in Turkey to identify the scope of the estate. During this lawsuit, the deceased’s assets and liabilities are investigated, an inventory is prepared, and the findings are officially recorded. However, this lawsuit is limited solely to identifying the content of the estate in Turkey; it does not contain any provision regarding the distribution of the inheritance.

The inventory of estate in Turkey is not limited to movable and immovable properties; it also includes businesses, real estate, intellectual property rights, and receivables. Although private law relationships established by the deceased during their lifetime terminate at the moment of death, the rights and obligations arising from those relationships become part of the estate. For instance, a compensation claim filed due to medical malpractice, entitlements of professional athletes, seafarers’ rights, and compensation claims arising from termination of employment contracts are considered part of the estate in Turkey. Therefore, the scope of the estate is often complex and uncertain.

In such cases, heirs may apply to the court to request estate determination in Turkey through a declaratory action to determine estate assets in Turkey, thereby enabling the inheritance to be managed in accordance with the law.

WHICH ASSETS ARE INCLUDED IN THE ESTATE IN TURKEY?

The estate is a legal whole that encompasses all the assets left behind in Turkey following an individual’s death. The assets included in the estate in Turkey ensure a comprehensive assessment of the rights and obligations owned by the deceased at the time of death. Below are the main types of property that typically fall within the estate in Turkey:

• Immovable Property: Real estate such as land, residences, fields, and commercial properties registered under the name of the deceased are included in the inventory of estate in Turkey. These are among the most significant components of the inheritance.
• Movable Property: Items physically in the possession of the deceased at the time of death are also part of the estate. Vehicles, cash, jewelry, furniture, electronics, artworks, and antiques may fall under this category.
• Bank Accounts and Financial Assets: Bank deposit accounts, investment portfolios, and other financial assets registered under the deceased’s name are included in the inheritance in Turkey.
• Securities: Stocks, bonds, promissory notes, and other securities held by the deceased are also considered important components of the estate.
• Debts and Receivables: The inheritance in Turkey is not limited to active assets. It also includes receivables and debts. Therefore, collection of receivables and payment of debts must be considered before distributing the inheritance in Turkey.
• Intellectual Property Rights: Copyrights, patents, trademark rights, and registered designs owned by the deceased, which hold economic value and are transferable to heirs, are included in the inventory of estate in Turkey.
• Transferable Contractual Rights and Obligations: Contracts entered into during the deceased’s lifetime, whose obligations do not terminate upon death, may also form part of the estate. For instance, rental income from lease agreements or sales agreements with unpaid balances fall within this scope. Consulting a rental law attorney in Turkey may be necessary to clarify rental-related claims. Likewise, commercial income and rental revenues from sole proprietorships can be included in the estate in Turkey.
• Company Shares and Partnership Interests: Shares in companies like limited, joint-stock, or ordinary partnerships owned by the deceased form part of the estate. If no special provision is made in the company’s articles of association, these shares may pass to the heirs. However, restrictions on share transfer may exist in certain companies, in which case the company’s governing documents prevail. Legal advice from a commercial law attorney in Turkey may be required in such situations.
• Insurance Claims: If no beneficiary is specifically named in a life insurance policy, any resulting compensation is included in the estate in Turkey. In addition, unpaid claims from personal accident insurance, as well as rights under home or auto insurance policies, also constitute part of the estate and can be shared among heirs.
• Tax Refunds and State Receivables: Overpaid taxes and unpaid government supports earned by the deceased up to the date of death are included in the inventory of estate in Turkey. Agricultural subsidies and various incentive payments fall under this category. If a retirement application was filed but the bonus had not yet been paid, that amount is also considered part of the estate.
• Rights Arising from Ongoing Lawsuits: Claims stemming from unresolved lawsuits filed before the death of the deceased transfer to the estate. This includes lawsuits for receivables, compensation, ownership, or expropriation. The heirs can continue these lawsuits in their capacity as legal successors.
• Social Security-Based Claims: Compensation arising from work accidents or occupational diseases, or based on SGK employment termination codes, are included in the estate in Turkey. In some cases, death benefits paid by SGK may also be included in the estate. However, if such benefits are paid directly to the rightful beneficiaries, they may not always be considered part of the estate.

The items listed above represent typical components of the estate, but the inventory of estate in Turkey is not limited to these. Any asset, right, or obligation acquired by the deceased during their lifetime may be included in the estate in Turkey. Proper estate determination in Turkey is essential to ensure that inheritance is distributed fairly and in accordance with the law. Moreover, this process protects the rights of heirs in Turkey and helps prevent potential disputes.

HOW TO IDENTIFY DECEASED’S ASSETS IN TURKEY?

The estate determination lawsuit in Turkey is a legal procedure initiated for the purpose of accurately and completely identifying the assets left behind following a person’s death, and it plays a key role in answering the question of how to identify the deceased’s assets in Turkey. This type of lawsuit is particularly important in cases where disputes arise among heirs or when there is no clear information regarding the deceased’s assets in Turkey. Regulated under the relevant provisions of the Turkish Civil Code, the estate determination procedure serves the function of protecting the rights of heirs in Turkey.

However, this is solely declaratory action for inheritance in Turkey does not result in any decision regarding how the inheritance will be distributed. The process of inheritance determination in Turkey is carried out to clarify the scope of the estate assets and have them officially recorded. The distribution of the inheritance is conducted separately after this determination, and if necessary, through the resolution of disputes among the heirs.

• Who Can File a Declaratory Lawsuit To Identify Estate In Turkey?

In Turkey, a declaratory lawsuit to identify estate in Turkey can be filed by any of the legal heirs of the deceased or by an estate representative appointed on behalf of the heirs. Since this lawsuit is intended to identify the deceased’s assets, a single heir filing the lawsuit will produce binding results for all other heirs. Therefore, there is no need for each heir to file a separate lawsuit. However, heirs who have been disinherited by the deceased due to insult, fraud, or other reasons stipulated under the law do not have the right to file an inheritance determination lawsuit in Turkey.

Under Turkish law, estate proceedings fall within the scope of non-contentious jurisdiction, which means that the case proceeds without an opposing party. In other words, the lawsuit is conducted in an impartial manner, and any heir may independently and directly exercise the right to request estate determination.

If they wish, heirs may also initiate the declaratory action to determine estate assets in Turkey jointly. Additionally, the inheritance determination lawsuit in Turkey may be filed and processed even while other inheritance-related cases are ongoing. This offers a significant legal advantage for the heirs, as it helps clarify the scope of the inheritance and the assets involved at an early stage.

In conclusion, the authority to file an estate determination lawsuit in Turkey belongs to individual or multiple heirs, as well as the appointed estate representative, and it serves as a fundamental legal process that lays the groundwork for the fair and lawful distribution of the inheritance.

• Competent and Authorized Court for Estate Determination Lawsuit in Turkey

The competent court for filing an estate determination lawsuit in Turkey is designated as the Civil Court of Peace, pursuant to Article 590 of the Turkish Civil Code. The Civil Court of Peace is responsible for reviewing applications regarding the inventory of estate in Turkey and for carrying out the necessary legal procedures throughout this process.

The authorized court for declaratory lawsuit to identify estate in Turkey is the court in the last place of residence of the deceased prior to death. This rule reflects the general jurisdiction principle based on the residence criterion under Turkish inheritance law. However, if the deceased’s last residence was abroad, the court in the locality where the immovable properties or other assets of the deceased are located within Turkey shall have jurisdiction. In this way, the estate determination in Turkey is handled by the local court associated with the assets of the deceased.

This regulation ensures that the inheritance determination process in Turkey is carried out both in legally appropriate courts and in a timely and efficient manner.

• Court Procedure in Declaratory Action To Determine Estate Assets in Turkey

The declaratory action for inheritance in Turkey is a special type of legal action filed after the death of a person, aiming to accurately identify all assets, receivables, and debts of the deceased. Through this lawsuit, it becomes clear what the heirs are entitled to inherit in Turkey, ensuring that the future inheritance distribution process proceeds in a sound and orderly manner.

In the process of determination of inheritance in Turkey, the court follows the steps below:

1. Filing of the Estate Determination Lawsuit in Turkey

The estate determination lawsuit in Turkey is a non-contentious proceeding initiated by heirs or interested parties in order to determine the scope of the deceased’s estate. It is filed by submitting a written petition to the Civil Court of Peace in the last place of residence of the deceased. Upon submission of the petition, court fees and advance expenses must also be paid to the court’s cashier.

Since the declaratory lawsuit to identify estate in Turkey is not subject to the mandatory mediation process under the Law on Mediation in Civil Disputes No. 6325, there is no obligation to apply for mediation before filing the case. After reviewing the case file, the court issues a preliminary examination report and notifies the other heirs with the lawsuit petition and the report.

2. Statements of the Parties and Evidence Collection in the Identification of Inheritance in Turkey

To ensure the accurate identification of inheritance in Turkey, the court requires the plaintiff and other heirs to provide all available information, documentation, and claims related to the deceased’s estate.The heirs inform the court of any known real estate, bank accounts, company shares, receivables, or debts. The documents submitted during this stage—such as land registry records, Ottoman title deeds, bank statements, and insurance policies—form the foundation of the process.

3. Official Information Gathering via Court Correspondence in the Identification of Inheritance in Turkey

As part of the declaratory action to determine estate assets in Turkey, the court sends official requests to relevant public institutions to uncover the rights and liabilities of the deceased as of the date of death

These institutions include:

• Directorates of Land Registry and Cadastre: For property ownership details and title deed records
• Banks and the Banking Regulation and Supervision Agency (BDDK): For bank account information
• Revenue Administration (GİB): For tax records and income declarations
• Social Security Institution (SGK): For pension rights, death benefits, and insurance records
• Trade Registry Offices: For commercial partnerships and company records
• Notaries and MERSİS database: For powers of attorney, registered agreements, and inheritance contracts

4. On-Site Inspections and Discovery in the Declaratory Action for Inheritance in Turkey

As part of the declaratory action for inheritance in Turkey, the court may conduct on-site inspections for assets within the estate. This is particularly necessary for agricultural land, high-value properties, warehouses, or business premises. An expert witness may be appointed to provide a technical opinion on the value, condition, and usage of such assets.

5. Final Evaluation of Documents and Determination of the Estate in Turkey

All documents, correspondence, and on-site inspection results are evaluated together by the court. Based on this comprehensive assessment, the court compiles a list of movable and immovable properties, shares in companies based in Turkey, insurance rights, receivables, and debts forming part of the estate. The court then renders a judgment establishing the full content of the estate.

• Determination of Active Assets in Inheritance Determination Lawsuit in Turkey

The determination of active assets is one of the most crucial steps in an inheritance determination lawsuit in Turkey, and it is generally conducted through specific legal procedures. Below are the stages followed for determining active assets in determination of inheritance in Turkey:

1. Information Gathering: Initially, all documents related to the deceased’s assets must be collected. These documents may include title deed records, vehicle registrations, bank account statements, stock certificates or bond documents, debt instruments, insurance policies, wills, promissory notes, tax returns, and other financial records.
2. Evaluation and Valuation: In order to determine the scope of the estate in Turkey, the value of each asset item must be established. In this process, real estate appraisals may be conducted for immovable properties, second-hand market values may be determined for vehicles, and current market values may be calculated for financial assets. If deemed necessary by the court, valuation reports may be prepared through expert appraisers. Obtaining support from a real estate attorney in Turkey is important for accurate valuation of immovable properties.
3. Court Proceedings: The valuation results are submitted to the court. Based on the submitted information, the court determines the active assets of the deceased, records them officially, and clarifies the scope of the estate in Turkey. At this stage, parties may raise objections, submit additional documents, or request further investigations.
4. Assets Excluded from the Estate: Some small personal belongings and low-value items are generally excluded from the estate. For instance, daily use items or personal belongings below a certain monetary threshold may fall into this category. However, this is subject to the court’s discretion.
5. Preservation of the Estate: Valuable assets such as jewelry, works of art, and similar items may be secured by the court and are usually kept in the court’s vault. Other movable properties may be entrusted to one of the parties or a third party appointed by the court during the lawsuit. This measure ensures the preservation of the assets and helps prevent any loss during the inheritance distribution process.

The determination of active assets in Turkey is indispensable for the fair and lawful distribution of the inheritance. A complete and accurate determination ensures the protection of heirs’ rights in Turkey and helps avoid potential legal disputes. Therefore, this stage should be handled with utmost care in determination of inheritance in Turkey.

• Determination of Passive Assets in Inheritance Determination Lawsuit in Turkey

The determination of passive assets is just as important as the identification of active assets in the process of determining the estate in Turkey. This process ensures that the debts of the deceased are fully and accurately disclosed, laying the groundwork for the protection of the heirs’ rights.

1. Identification of Debts: The first step is to identify all debts the deceased had in Turkey. These debts typically include bank loans, mortgages, credit card debts, tax liabilities, promissory notes, legal obligations, and other financial commitments. Information and documentation concerning the deceased’s debts are collected through heirs, financial institutions, and other relevant parties.
2. Classification of Debts: The collected debts can be classified into priority and secondary debts. Priority debts are those that arose before the deceased’s death and must be paid first. For example, tax liabilities, mortgages, and legal obligations are generally considered priority debts. Secondary debts refer to other liabilities that are paid after priority debts have been satisfied.
3. Court Proceedings: Following the collection and classification of debts, the court evaluates this information and determines the passive assets of the estate. The court considers the payability and priority of debts and ensures an accurate reflection of the estate’s liabilities.
4. Identification of Creditors: The court also attempts to identify the creditors of the deceased. This involves determining the individuals or institutions to whom the deceased owed money prior to death.

The determination of passive assets in Turkey ensures that the debts and liabilities of the deceased are transparently and accurately revealed, thereby protecting the rights of the heirs in Turkey. This identification allows for a comprehensive determination of the estate and enables the inheritance to be distributed in accordance with the law. Therefore, the simultaneous and meticulous identification of both active and passive assets is a fundamental requirement in determination of inheritance in Turkey.

🔹 Active Assets (Rights and Property Included in the Estate)

🔸 Passive Liabilities (Debts and Obligations Included in the Estate)

This comprehensive list of active and passive components of an estate forms the basis of a lawful and accurate process for determining estate assets in Turkey. The detailed identification of these elements ensures fair distribution of the estate and protection of heirs’ rights under Turkish inheritance law.

• Which Date Is Taken as the Basis in Determining Estate Assets in Turkey?

In the process of estate determination in Turkey, the date taken as the basis for identifying the deceased’s assets and rights is the date of death of the deceased. This issue is clearly regulated by the relevant provisions of the Turkish Civil Code and is accepted as the fundamental criterion in determining estate assets in Turkey

According to the Turkish Civil Code, any transfers made by the deceased before death, any division of assets, or other legal transactions are evaluated in the context of the deceased’s estate as it existed at the time of death, in terms of inheritance determination in Turkey. Therefore, transactions carried out prior to death are only taken into account in the determination and distribution of the inheritance if they are included in the total estate at the time of death.

In this context, during the valuation of the deceased’s assets in Turkey, the market value as of the date of death is taken as the basis. This principle ensures that both active assets (such as real estate, securities, cash, etc.) and passive assets (such as debts and liabilities) are realistically and accurately determined. Taking the values as of the date of death as a basis is a legal necessity to protect the rights of heirs in Turkey and to ensure a fair distribution of the inheritance.

As a result, basing the determining estate assets in Turkey on the status and value of the estate as of the date of death is a fundamental principle that supports the objectivity and legal certainty principles in Turkish inheritance law.

• Inventory Keeping in the Estate Determination Lawsuit in Turkey

The practice of keeping an inventory of estate in Turkey during the declaratory action to determine estate assets in Turkey is regulated under Article 590 of the Turkish Civil Code. According to this provision, upon the request of the heirs, the Civil Court of Peace may decide to keep an inventory of the estate within one month following the death of the deceased.

Article 589 of the Turkish Civil Code also treats the inventory procedure as a protective measure. This measure aims to determine the precise status of the estate elements at the time of death and serves as a point of reference for the court and the parties in case of disputes. Thus, the composition and content of the estate are officially and in writing documented.

During the process of inheritance determination in Turkey, the court first identifies the active and passive assets of the deceased and then proceeds with the step of registering these elements into the estate inventory. The inventory of estate in Turkey contains all the asset values belonging to the estate and provides the court’s official record of these values. If there are movable assets belonging to the estate that cannot be preserved, the court arranges for their sale and conversion into cash.

Heirs who object to any items recorded in the estate inventory on the grounds that they do not belong to the estate have the right to file a replevin lawsuit. In this lawsuit, the heir requests the removal of the asset, which they claim belongs to them personally, from the estate and its delivery to them.

• Is There a Statute of Limitations in Estate Determination Lawsuit in Turkey?

A declaratory lawsuit to identify estate in Turkey can be filed at any time after the death of the deceased, as there is no specific statute of limitations or forfeiture period for initiating such a lawsuit. Neither the Turkish Civil Code nor other relevant legislation imposes a time restriction for initiating the process of declaratory action for inheritance in Turkey.

This legal framework allows heirs to file a lawsuit for the determination of inheritance in Turkey at any time after the decedent’s passing. In this way, the scope of the estate in Turkey can be accurately and comprehensively identified, and the rights of the heirs can be protected.

While the absence of a time bar or deadline provides flexibility and broader access to justice for heirs, it is nonetheless important for the legal proceedings related to inheritance determination in Turkey to be initiated without undue delay, so that the parties’ rights and obligations can be regulated effectively.

• How Long Does a Court Case For Estate Identification In Turkey Take?

The duration of a court case for estate identification in Turkey depends on numerous factors and varies according to the specific characteristics of each case.

The main factors affecting the length of the process include:

• Complexity of the Case: The scope and intricacy of the decedent’s assets have a direct impact on the length of the proceedings. The presence of multiple real estate properties, securities, or debt items may prolong the investigation and assessment phases.
• Collection and Examination of Evidence: The time required for the parties to submit evidence regarding the estate and for the court to evaluate such evidence can significantly affect the timeline. In particular, the procurement and verification of documents may cause delays.
• Expert Opinions and Expert Reports: The court may seek the assistance of experts or court-appointed evaluators to determine the value of the assets or assess their legal characteristics. The preparation and review of these reports can be a substantial factor in prolonging the case.
• Disputes Between Heirs: If there are disagreements among the heirs regarding the scope of the estate or the nature of the assets, these conflicts can slow down the process. In cases where no amicable resolution is reached, the lawsuit may take significantly longer.
• Court Calendar and Workload: The workload of the local court, the speed at which the case is processed, and the scheduling of hearings also influence the duration of the proceedings.

For these reasons, it is not possible to estimate a fixed timeframe for inheritance determination lawsuit in Turkey, as the process can vary greatly depending on the complexity of the estate, availability of evidence, cooperation among parties, and the court’s workload.

• What Are the Court Fees and Legal Costs in Estate Determination Lawsuit in Turkey?

In court case for estate identification in Turkey, the expenses incurred include court costs and attorney fees.

1. Court Costs: These are expenses related to official procedures carried out during the lawsuit, such as submission of evidence, expert examinations, notifications, and other legal necessities. Inheritance determination lawsuit in Turkey is subject to a fixed fee system, meaning that a flat fee is paid regardless of the value of the estate. However, as the case progresses, additional costs may arise, such as for on-site inspections or expert reports, and the court may request the claiming heir to deposit an advance to cover these.
2. Attorney Fees: These are the amounts paid to lawyers for handlingdeclaratory lawsuit to identify estate in Turkey and protecting the legal rights of the heirs. Attorney fees may vary depending on the complexity and duration of the case, the experience of the lawyer, and the fee schedule set by the Bar Association. The compensation can be based on a fixed amount, hourly billing, or a percentage of the inheritance share obtained as a result of the lawsuit.

Once the lawsuit concludes, the general principle is that the court expenses are covered from the estate assets. In other words, court fees and legal expenses can be reimbursed from the estate by the heirs before the estate is distributed. This matter becomes legally binding through court judgments.

• What Are the Results of a Lawsuit for the Determination of Inheritance in Turkey?

The estate determination lawsuit in Turkey is a fundamental legal process aimed at comprehensively and accurately identifying the deceased’s estate. While it is vital for protecting the rights of heirs in Turkey, it is distinct in that it does not directly rule on the distribution of the inheritance. The main outcomes of the inheritance determination in Turkey can be summarized as follows:

1- Clear Identification of the Estate in Turkey

The most significant result is the complete determination of the deceased’s active and passive assets within Turkey. Through this lawsuit, heirs can identify all assets in Turkey without being restricted by personal data protection laws. This includes real estate, movable property, bank accounts, securities, receivables, and debts. Thus, the estate is officially established by court decision.

2- Identifying Heirs in Turkey

Following the determination of the estate’s contents, the court finalizes the list of heirs. These include legal heirs as well as any persons named in a will. The court also identifies heirs who have renounced their inheritance rights in Turkey.

3- Protection of Heirs’ Rights in Turkey

The lawsuit provides heirs with concrete and legally valid information about the deceased’s estate, which forms the basis for protecting their rights in Turkey and confidently undertaking subsequent legal procedures.

4- Foundation for the Distribution of the Estate in Turkey

The court’s determination of the estate and the heirs through the court case for estate identification in Turkey creates a foundation for the inheritance distribution process. The information obtained guides the subsequent legal steps on how and in what proportion the estate will be distributed.

5- Possibility to Initiate Claims for Replevin Lawsuits

If disputes arise among heirs regarding the assets recorded in the estate ledger, heirs have the right to file replevin lawsuits to prove their ownership and request removal of those assets from the estate.

6- Legal Evaluation of the Will

If a will exists in Turkey, the court evaluates its validity and scope, ensuring that the inheritance determination aligns with the provisions of the will.

7- Official Registration of the Estate in Turkey

The findings at the conclusion of the declaratory action to determine estate assets in Turkey serve as the basis for registering the inheritance in official records and institutions. This enables heirs to legally complete ownership and rights transfers based on the determined estate.

8- Prevention and Resolution of Inheritance Disputes in Turkey

The lawsuit clarifies the scope of the inheritance in Turkey, preventing potential legal disputes or providing guidance for resolving existing conflicts. Concrete identification of the estate minimizes conflicts among heirs.

In conclusion, the estate determination lawsuit in Turkey is an indispensable legal procedure that comprehensively defines the deceased’s assets and liabilities, clarifies the legal status of heirs, and lays the groundwork for a healthy and lawful distribution of the estate. This lawsuit contributes both to protecting the parties’ rights and to preventing potential inheritance disputes.

CAN A FOREIGNER CLAIM INHERITANCE IN TURKEY?

In the context of inheritance law, the presence of a foreign element in a dispute necessitates the application of international private law rules. For instance, cases involving claiming inheritance as a foreigner in Turkey may arise when a foreign national owns assets in Turkey, operates a commercial enterprise, or receives salary payments from abroad. In such cases, the fact that the decedent is a foreign individual may require the application of foreign law rather than Turkish law; however, this must be assessed on a case-by-case basis.

In Turkish law, the inheritance determination lawsuit in Turkey is evaluated not only under the Code of Civil Procedure No. 6100 but also under the International Private and Procedural Law No. 5718 (“MÖHUK”). According to Article 20 of MÖHUK, the inheritance is governed by the law of the country whose nationality the decedent held at the time of their death. However, regarding immovable property, the law of the location of the property (lex rei sitae) applies.

From a jurisdictional standpoint, pursuant to Article 43 of MÖHUK, Turkish courts have jurisdiction over immovable or movable estate assets located in Turkey. Accordingly, even if the decedent is foreign, if there are estate assets (movable or immovable) in Turkey, it is possible to file an estate determination lawsuit in Turkey before Turkish courts. In practice, requests for inheritance determination are frequently encountered concerning immovable properties owned by foreigners in Turkey, particularly in cases involving claiming inheritance as a foreigner in Turkey.

Moreover, the Court of Cassation has affirmed that claims for the determination of the estate of a foreign decedent concerning assets located in Turkey can be pursued in Turkish courts. The primary purpose here is to ensure that ownership, tax, and inheritance transfer procedures—matters of Turkish public order—are carried out lawfully. In such cases, it is advisable to obtain support from an international inheritance attorney and a tax law expert in Turkey.

Claiming inheritance as a foreigner in Turkey is not hindered by the foreign nationality of the decedent. The key consideration is whether the estate includes assets located in Turkey.

In such cases, inheritance determination lawsuits can be filed and are conducted under the framework of Turkish law, with regard to both jurisdiction and public policy. Thus, the presence of a foreign element does not create an absolute obstacle to inheritance determination in Turkey. To avoid any loss of rights, it would be beneficial for foreigners to seek assistance from an English-speaking lawyer in Turkey during inheritance procedures.

WHAT SHOULD BE DONE AFTER DETERMINING ESTATE ASSETS IN TURKEY?

After the estate determination in Turkey is finalized, heirs must complete several legally required steps to ensure the proper distribution of the estate. These steps are particularly important when determining estate assets in Turkey, as they involve compliance with local legal and administrative procedures.

1. Obtaining the Certificate of Inheritance: Following the result of thedeclaratory action for inheritance in Turkey, heirs are required to obtain the official certificate of inheritance, which legally documents the transfer of inheritance rights to the legal heirs. In Turkey, this certificate officially shows the heirs, the estate items, and the shares of each heir. It is mandatory to prove inheritance rights before official authorities and institutions and serves as the fundamental document for the transfer of immovable properties and other assets during the probate process in Turkey.
2. Distribution and Transfer of the Inheritance in Turkey: Once the certificate of inheritance is obtained, heirs may divide the inheritance among themselves. If the heirs reach an agreement, the division is carried out by mutual consent. At this stage, the transfer of ownership and related procedures for the estate items to the heirs are completed.
3. Lawsuit for Termination of Joint Ownership: In case of disagreement among heirs regarding the division of the inheritance, it becomes necessary to file a lawsuit for the termination of joint ownership in Turkey. Through this lawsuit, the court orders the termination of the co-ownership and the sale of immovable properties to convert them into cash. The proceeds from the sale are then distributed among the heirs. This legal remedy is especially relevant when heirs cannot reach an agreement regarding the division of immovable assets.
4. Official Distribution and Transfer Procedures: After the inheritance division and/or the finalization of court decisions, heirs receive their respective shares and the ownership rights over these shares are formally transferred. This completes the legal transfer of the inheritance.
5. Other Inheritance Lawsuits in Turkey: Following the inheritance determination in Turkey, heirs may initiate additional legal actions to protect their rights and to clarify the actual status of the estate. Particularly in cases of fraudulent transactions by the decedent, reduction, or abuse of power of attorney, situations may arise where the decedent’s true intent is contradicted or heirs’ legal rights are compromised. Therefore, based on the information obtained from the inheritance determination, heirs may file these additional lawsuits to reassess the scope of the estate and their shares. Turkish Civil Code and related legislation provide heirs with these legal protection mechanisms beyond the determination process itself. This ensures that the true value of the estate and the rights of the heirs are fully preserved through judicial means.

In conclusion, after the completion of the court case for estate identification in Turkey, it is of utmost importance to carefully follow the above-mentioned legal steps. These procedures play a vital role in safeguarding heirs’ rights in Turkey and ensuring that the transfer and distribution of the estate are conducted in accordance with the law.

WHAT IS AN INHERITANCE DIVISION AGREEMENT IN TURKEY?

An inheritance division agreement in Turkey is a private law contract entered into by heirs after the death of the decedent, regulating the mutual and consensual distribution of the estate assets among themselves. This agreement is designed to prevent disputes related to inheritance law and to ensure a swift and harmonious distribution of the inheritance in Turkey.

• Based on the Parties’ Will: The inheritance division agreement in Turkey is concluded by the free will of the parties. Heirs mutually decide which estate assets will be transferred to whom and in what proportions, making this arrangement legally binding. In this respect, the agreement constitutes a legally recognized settlement and sharing contract.
• Scope of the Agreement: The agreement covers all estate assets included in the inheritance in Turkey. These may include immovable properties, movable assets, bank accounts, securities, shares in commercial enterprises, and other types of assets. Each asset item’s allocation to a particular heir is specified in detail.
• Legal Validity and Notarization: Although notarization is not mandatory for an inheritance division agreement in Turkey, having the agreement notarized provides official recognition and serves as evidence in case of future disputes. Additionally, the agreement must comply with the law and respect mandatory legal shares; otherwise, it may be annulled or deemed invalid.
• Protection of Heirs’ Rights and Obligations: The agreement aims to ensure a fair and balanced distribution among heirs. By respecting mandatory shares, it helps prevent potential conflicts. Thus, the inheritance partition agreement in Turkey contributes to the peaceful resolution of inheritance matters among heirs.
• Prevention of Future Disputes: A clear and written sharing agreement between the parties prevents future claims or disputes over the inheritance in Turkey. Therefore, the agreement plays a crucial role in reducing conflicts and expediting the inheritance process in Turkey.
• Compliance with Legal Procedures: When drafting an inheritance division agreement in Turkey, full compliance with the Turkish Civil Code and related inheritance law provisions is required. Attention must be paid to mandatory shares, waivers, the prior determination of the estate (inheritance determination in Turkey), and other preconditions. Failure to comply may result in the agreement being invalidated by courts.
• Execution and Official Procedures: The provisions of the inheritance partition agreement in Turkey serve as the basis for registration and transfer processes at land registry offices and other official institutions. This enables heirs to legally transfer the shares of estate assets assigned to them.

In conclusion, the inheritance division agreement in Turkey is a fundamental legal contract that allows heirs to distribute estate assets based on their mutual consent. It plays a vital role in preventing inheritance disputes and facilitating effective management of inheritance proceedings in Turkey.

HOW IS FRAUDULENT ASSET CONCEALMENT FROM INHERITANCE DETECTED IN TURKEY?

In Turkey, it is of great legal importance to uncover fraudulent transactions and acts that conceal the true intent of the decedent aimed at depriving heirs of their inheritance rights within the scope of the inheritance determination lawsuit in Turkey. Against such situations, filing a fraudulent concealment lawsuit is essential.

Fraudulent concealment refers to a special legal concept describing transactions in which the decedent intentionally hides their true intent by transferring or altering assets or rights, rendering such transactions legally invalid.

Key points to consider regarding fraudulent concealment in Turkey include:

• Detection of Fraudulent Transactions: To file a fraudulent concealment lawsuit in Turkey, it is first necessary to detect fraudulent transactions where the decedent concealed their true intention. These transactions are often revealed through examination of property registry records, contracts, or other ownership documents.
• Proof of True Intent: In a fraudulent concealment case in Turkey, proving the decedent’s real intent is critical. The burden of proof lies with the plaintiff. Evidence such as land registry entries, written agreements, witness testimonies, and other documents may be used to demonstrate the decedent’s actual intent.
• Filing the Lawsuit: The fraudulent concealment lawsuit in Turkey is filed to prove the decedent’s true intention and the fraudulent nature of the transactions before the court. Such action must be taken after the decedent’s death.
• Court Process: The case proceeds with court evaluation of the submitted evidence. If fraudulent concealment is established, the deceitful transactions are declared invalid, and the distribution of assets or rights is adjusted according to the decedent’s true intent.

Factors that may be considered in proving fraudulent concealment in Turkey and calculating the real value of the inheritance include:

• Intent to Divert Assets from the Estate: The court examines whether the decedent transferred assets to a third party while hiding the true intent, to deprive heirs of their rightful inheritance. Demonstrating that the decedent remains the real owner and that the transaction is fraudulent is crucial.
• Difference Between Asset Value and Sale Price: If the decedent transferred assets below their true market value with fraudulent intent, this discrepancy can support the fraudulent concealment claim.
• Social Relations Between the Decedent and Third Party: The relationship and closeness between the decedent and the transferee are scrutinized. Special personal ties or transactions not conducted under normal market conditions may indicate fraudulent dealings.
• Other Assets of the Decedent: The decedent’s other assets are also reviewed. If the overall asset profile suggests a pattern of asset diversion, it strengthens the allegation of fraudulent concealment.

These factors play a significant role in establishing the decedent’s real intent and detecting asset concealment in a fraudulent concealment case in Turkey. The court evaluates all evidence to determine the validity of the claim and the decedent’s true wishes. In cases of fraudulent concealment from inheritance, obtaining legal counsel in Turkey is highly important to prevent potential loss of rights.