Inheritance Determination in Turkey: The Estate Determination Lawsuit, Competent Court, Procedure and Results

Inheritance determination in Turkey is the legal process of accurately and comprehensively identifying all assets and liabilities left behind by a deceased person, carried out by the Civil Court of Peace as a non-contentious proceeding that ends with these items being recorded in an inventory. 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, and it is important both for clarifying the scope of the inheritance and for preparing its proper distribution in accordance with legal procedures. This legal process is closely related not only to Inheritance Law, but also to Turkish Real Estate Law and Turkish Law of Obligations.

A lawsuit for estate determination in Turkey is initiated by an application to the Civil Court of Peace at the deceased’s last place of residence, as one of the protective measures regulated in Article 589 and the following articles of the Turkish Civil Code (TCC). The court investigates records of the deceased’s movable and immovable assets in Turkey, prepares an inventory of estate in Turkey, and determines the assets, receivables and debts included in the estate. The process of determining estate assets in Turkey does not decide how the estate is divided; however, it shows the heirs what they inherit and helps prevent future legal disputes.

What Is an Estate in Turkish Law?

Under Turkish law, an estate is the entirety of the rights, receivables, property and debts that a deceased person held at the time of death and that pass to the heirs. This term encompasses all active and passive elements of the deceased’s assets in Turkey, and the inventory of estate in Turkey refers to the complete set of these assets and liabilities. By acquiring the inheritance, the heirs take over not only the receivables of the estate but, as a rule, its debts as well.

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, some elements are excluded from this scope, such as strictly personal rights that end upon death.

The inventory of estate in Turkey is not limited to movable and immovable properties; it also includes businesses, intellectual property rights, and receivables. Rights and obligations arising from legal relationships that do not end with death 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, and heirs may apply to the court to request estate determination in Turkey through a declaratory action to determine estate assets in Turkey.

What Is the Difference Between an Estate and an Inheritance in Turkey?

Under Turkish law, the estate is the body of assets and debts left by the deceased, while inheritance is the passing of this body to the heirs by law or by a disposition upon death, together with the heirs’ rights arising from it. The heirs acquire the inheritance as a whole by operation of law upon the death of the deceased (TCC Art. 599). In everyday language the two words are often used interchangeably, but legally the estate is the “object”, while inheritance is its “transfer” and the right to inherit.

The distinction matters in practice, because the estate determination lawsuit in Turkey only identifies the content of the estate; it does not show who the heirs are or what their shares are. The heirs and their shares are documented by the certificate of inheritance, and the division of the assets among the heirs is carried out separately, either by agreement or through a lawsuit.

Which Assets Are Included in the Estate in Turkey?

Under Turkish law, the estate includes all assets and debts that the deceased held at the time of death and that do not end with death. Identifying these elements as a whole ensures a realistic 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 is included in the inventory of estate in Turkey. These are, in practice, among the most valuable components of the inheritance.
• Movable Property: Vehicles, cash, jewelry, furniture, electronics, artworks, and antiques belonging to the deceased at the time of death are part of the estate. Where items in the deceased’s possession are claimed by someone else, the ownership dispute is resolved separately.
• 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. In joint accounts, only the deceased’s share falls into the estate.
• 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, 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, and commercial income and rental revenues from sole proprietorships can also 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. However, restrictions on the passing of shares to heirs or on the continuation of the partnership may exist in certain companies; in that case the law and the company’s governing documents are assessed together, and legal advice from a commercial law attorney in Turkey may be required.
• Insurance Claims: If no beneficiary is named in a life insurance policy covering the risk of death, the contract is deemed to be made in favour of the policyholder’s heirs under Turkish law (Turkish Commercial Code Art. 1494); if a beneficiary is named, the sum is paid directly to that person. Unpaid claims from personal accident insurance, as well as rights under home or auto insurance policies, also constitute part of the estate.
• 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, and if a retirement application was filed but the bonus had not yet been paid, that amount is also 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, and 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, is included in the estate in Turkey. By contrast, survivors’ pensions and funeral grants paid by SGK directly to the rightful beneficiaries do not come from the deceased’s assets and, as a rule, are not 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 held by the deceased at the time of death forms part of the estate. Proper estate determination in Turkey is essential to ensure that inheritance is distributed fairly and in accordance with the law and helps prevent potential disputes.

Which Rights Are Not Included in the Estate in Turkey?

Under Turkish law, strictly personal rights, values that end with the death of the deceased and values that belong directly to a third person are not part of the estate. These values do not pass to the heirs by inheritance and are not recorded in the estate inventory during the estate determination lawsuit in Turkey. Knowing which values fall outside the estate helps the heir decide correctly whether to accept or renounce the inheritance.

• Usufruct and Right of Residence: A usufruct established in favour of the deceased ends with the death of the right holder (TCC Art. 797), and a right of residence cannot be transferred and does not pass to the heirs (TCC Art. 823).
• Life Insurance with a Named Beneficiary: The sum payable to a beneficiary named in a life insurance policy is the beneficiary’s own right, is not part of the estate, and is not affected by renunciation of the inheritance (Turkish Commercial Code Art. 1494).
• Survivors’ Pension and Funeral Grant: The survivors’ pension and funeral grant paid by SGK are based on statutory entitlement, not on the status of heir.
• Other Personal Rights: The future portion of maintenance claims is strictly personal and ends with death. Family-law powers such as custody and guardianship also do not pass to the heirs.

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

The table below summarises the main types of rights and property that make up the active side of the estate in Turkey. Each item in the table is among the elements investigated by the court and recorded in the estate inventory during the estate determination lawsuit.

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

Under Turkish inheritance law, the passive side of the estate consists of the debts and obligations of the deceased that were unpaid at the time of death. Since heirs who do not renounce the inheritance are, as a rule, jointly and personally liable for these debts, identifying the liabilities is as important as identifying the assets.

How to Identify the Deceased’s Assets in Turkey: What Is an Estate Determination Lawsuit?

The estate determination lawsuit in Turkey is a non-contentious proceeding without an opposing party, in which the Civil Court of Peace investigates the deceased’s assets as at the time of death and records them in an inventory. Also referred to as a declaratory action for inheritance in Turkey, it is one of the protective measures listed in TCC Art. 589 that secure the passing of the inheritance to the heirs, and it plays a key role in answering the question of how to identify the deceased’s assets in Turkey. This 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.

However, this declaratory action for inheritance in Turkey solely serves to establish the estate and does not result in any decision regarding how the inheritance will be distributed; nor can the court, without the consent of all heirs, deliver estate assets to one heir or issue a decision that amounts to a division. The process of inheritance determination in Turkey is carried out to clarify the scope of the estate assets and have them officially recorded, while the distribution of the inheritance is conducted separately, by agreement among the heirs or through a separate lawsuit.

In its decision Court of Cassation 8th Civil Chamber, Docket No. 2013/13009, Decision No. 2014/17643, dated 01.10.2014, the court held that estate determination proceedings in Turkey are in the nature of a preservation of evidence, not an ownership (replevin) action. According to the chamber, the court’s task is to record the reported assets, sell those that cannot be preserved, deposit cash in a bank, place jewelry in the safe of the estate court and entrust other items to a custodian. A first-instance decision delivering assets to some heirs without the consent of all heirs was reversed because it amounted to a division of the estate.

Why Is an Estate Determination Lawsuit Filed in Turkey?

In Turkey, an estate determination lawsuit is filed so that the heirs can learn the deceased’s assets and debts on the basis of official records and so that the estate assets are protected. Heirs cannot always access bank, land registry or company records on their own, whereas the court can obtain this information by sending official requests to the institutions. Where one of the heirs holds estate assets, or where there is a risk that assets may be lost or lose value, the application also ensures that the assets are protected.

The determination also forms a basis for the heir’s later decisions. An heir who discovers only after the deadline that the estate is insolvent may regret not having renounced their inheritance rights in Turkey in time; knowing the content of the estate early is also necessary before preparing a partition action or a fraudulent concealment lawsuit.

How Is Estate Determination Different from Similar Procedures in Turkey?

Under Turkish law, estate determination is a protective measure that records the assets for their preservation, whereas the official inventory with a public call to creditors (resmî defter), the liquidation of the estate by the authorities (resmî tasfiye) and the certificate of inheritance are separate institutions serving different purposes. These institutions are often confused in practice, and choosing the wrong route may cause a loss of rights for the heir. In particular, an heir who wishes to limit liability for the estate’s debts should consider the official inventory or official liquidation instead of an estate determination lawsuit.

• Estate Determination (Inventory Keeping): The civil judge of peace records the assets and liabilities of the estate; creditors are not called by public notice and the heir’s liability for debts does not change.
• Official Inventory (Resmî Defter): An heir entitled to renounce the inheritance may request an official inventory from the civil judge of peace within one month, following the procedure for renunciation (TCC Art. 619). Creditors are called by public notice, and if the heir accepts the inheritance on the basis of this inventory, liability is limited to the debts entered in it.
• Official Liquidation (Resmî Tasfiye): Instead of renouncing the inheritance or accepting it on the basis of the official inventory, an heir may request the official liquidation of the estate (TCC Art. 632). In official liquidation the heirs are not liable for the estate’s debts; however, the request is disregarded if one of the co-heirs has accepted the inheritance.
• Certificate of Inheritance: Shows who the heirs are and their shares (TCC Art. 598); it does not show the content of the estate.

What Is an Estate File in Turkey? What Do “Determination”, “Sale” and “Delivery by the Public Prosecutor” Files Mean?

In Turkey, an estate file (tereke dosyası) is a non-contentious file opened at the Civil Court of Peace for protective measures concerning an estate. In the UYAP court system these files are named according to the type of request, and heirs may come across descriptions such as “estate – determination requested” or “estate – sale” through e-Devlet or court notifications. The name of the file shows what has been requested from the court; it does not mean that the heir has accepted the inheritance or is held liable for a debt.

• Estate File for Determination (Tespit İstemli): The file opened with a request for estate determination and inventory keeping; the process described on this page is conducted in this file.
• Estate Sale File (Satış): The file concerning the sale, by decision of the civil judge of peace, of estate assets that cannot be preserved, may perish or may lose value.
• Estate File for Delivery by the Public Prosecutor (C. Savcılığı Teslim İstemli): The file opened when money or belongings taken into custody by the public prosecutor after a death are handed over to the Civil Court of Peace for protection; heirs may request delivery of these items by proving their status as heirs.

Who Can File a Declaratory Lawsuit to Identify Estate in Turkey, and Against Whom?

In Turkey, a declaratory lawsuit to identify estate can be filed by any of the legal or appointed heirs of the deceased or, if appointed, by the estate representative. An application by a single heir is sufficient; since the court determines the entire estate, there is no need for each heir to file a separate lawsuit. Legal heirs also include a person who became a child of the deceased through adoption and that person’s descendants; an adopted child may apply as an heir of the adoptive parent. If they wish, heirs may also initiate the declaratory action to determine estate assets in Turkey jointly, and estate determination may be requested even while other inheritance-related cases are ongoing.

Under Turkish law, estate proceedings fall within the scope of non-contentious jurisdiction, which means that the case proceeds without an opposing party. For this reason, the estate determination lawsuit in Turkey is not filed against anyone; the other heirs are not defendants but are involved as interested parties and are notified of the proceedings.

The status of heir is decisive for the right to apply. The table below summarises who may request estate determination in Turkey and the structure of the proceedings.

1. Can a Disinherited Heir Request Estate Determination in Turkey?

Under Turkish law, a person validly disinherited by the deceased loses the status of heir and therefore cannot request estate determination. According to TCC Art. 510, disinheritance is possible where the heir has committed a serious crime against the deceased or a close relative, or has seriously failed to fulfil family-law obligations. Whether acts such as insult or fraud against the deceased reach this level is assessed on the facts of each case. If the disinherited person objects, the burden of proving the ground for disinheritance lies with the heir who benefits from it (TCC Art. 512); a person whose objection succeeds may request estate determination as an heir.

2. What Is an Estate Representative in Turkey and What Does He or She Do?

In Turkey, an estate representative is a person appointed by the civil judge of peace, at the request of one of the heirs, to represent the community of heirs until the division of the estate (TCC Art. 640). Since heirs must act unanimously in managing the estate, appointing an estate representative makes it easier to handle matters when they cannot agree. The estate representative may request estate determination, pursue the estate’s receivables and represent the community of heirs in lawsuits concerning the estate.

The estate representative’s fee is set by the Civil Court of Peace in Turkey upon the representative’s request, taking into account the work involved and the assets managed, and is paid from the estate. The representative acts under the supervision of the court; heirs may object to the person appointed and may request the replacement of a representative who does not perform the duty properly.

Competent and Authorized Court for Estate Determination Lawsuit in Turkey

In Turkey, the competent court for an estate determination lawsuit is the Civil Court of Peace, and the authorized court is the court at the deceased’s last place of residence (TCC Art. 589). The Civil Court of Peace is the court that takes all protective measures, such as inventory keeping, sealing and official administration of the estate. This rule reflects the general jurisdiction principle based on the residence criterion under Turkish inheritance law.

If the deceased’s last residence was abroad, the court at the last place of residence in Turkey, or failing that, the court where the estate assets are located in Turkey, has jurisdiction. In this way, the estate determination in Turkey is handled by the local court associated with the assets of the deceased.

1. What Is an Estate Court in Turkey?

The authority referred to in practice in Turkey as the “estate court” or “estate judgeship” is the Civil Court of Peace handling estate matters. In some large courthouses, estate files are concentrated in certain Civil Courts of Peace; however, this does not mean that it is a separate type of court. Heirs direct all their requests concerning the estate file to this court.

2. What Happens If the Deceased Died Outside the Place of Residence in Turkey?

Under Turkish law, if the deceased died outside the place of residence, the court of peace at the place of death notifies the court of the place of residence and takes the necessary protective measures for the estate assets located there (TCC Art. 589). This rule ensures, for example, that the money and belongings of a person who dies while on holiday or in another city are protected. The estate determination itself is mainly conducted at the court of the last place of residence.

How Is an Estate Determination Lawsuit Filed and What Is the Court Procedure in Turkey?

In Turkey, an estate determination lawsuit is filed by a petition to the Civil Court of Peace at the deceased’s last place of residence; the court then gathers information from institutions and records the estate in an inventory. 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 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, the application fee and advance on expenses must 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 Turkish court issues a preliminary examination report and notifies the other heirs with the petition and the report. It is important for heirs to follow these notifications so that they can submit the assets and debts known to them.

2. What Should an Estate Determination Petition in Turkey Include?

An estate determination petition in Turkey should clearly state the identity of the deceased, the date of death, the last place of residence, the applicant’s status as heir and the assets whose determination is requested. A civil registry record and, if available, the certificate of inheritance are attached; known real estate, bank accounts, vehicles and company shares, as well as the institutions to be asked for information, are listed separately. Writing the request clearly and institution by institution helps the court send complete official requests and shortens the process.

3. 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 applicant 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.

4. 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. Since the replies also cover records that heirs cannot access on their own, they are the most reliable source in estate determination. These institutions include:

• Directorates of Land Registry and Cadastre: For property ownership details and title deed records
• Banks and the Banks Association of Turkey: For deposit, investment and safe deposit box information
• Revenue Administration (GİB): For tax records and income declarations
• Social Security Institution (SGK): For pension rights, unpaid pensions and insurance records
• Trade Registry Offices and MERSİS: For commercial partnerships and company records
• Notaries: For powers of attorney, wills and inheritance contracts
• Police and Traffic Registration Records: For vehicles registered in the deceased’s name

5. 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, including their property type and zoning status in the land registry.

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

All documents, replies from institutions, and on-site inspection results are evaluated together by the court in Turkey. Based on this assessment, movable and immovable properties, shares in companies based in Turkey, insurance rights, receivables, and debts forming part of the estate are entered in the estate inventory. The court’s decision establishes the content of the estate; however, it does not constitute res judicata on ownership disputes.

7. What Happens If an Heir Does Not Attend the Estate Hearing in Turkey?

Since estate determination in Turkey is a non-contentious proceeding without an opposing party, the absence of a notified heir from the hearing does not prevent the proceedings from continuing. The court carries out the necessary investigation of its own motion and completes the estate determination; no debt or obligation arises against the heir who does not attend. However, that heir does not use the opportunity to submit known assets and debts or to make statements on the determination.

If the applicant heir fails to pursue the file, the consequences may differ. In that case, the file may be removed from the list under the general rules of the Turkish Code of Civil Procedure and may be deemed not filed if it is not renewed in time; therefore, the applicant heir should follow the hearings and requests for advances.

How Are Active and Passive Assets Identified in Inheritance Determination Lawsuit in Turkey?

In an inheritance determination lawsuit in Turkey, the assets of the estate are identified by evaluating together the documents submitted by the heirs, the replies of institutions to official requests and, where necessary, on-site inspections and expert examinations. Active assets (property and receivables) and passive assets (debts) are investigated separately and recorded in the estate inventory. Identifying both sides correctly allows the net value of the estate and the decision to accept or renounce the inheritance to be assessed soundly.

1. 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 conducted through specific stages. 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: The value of each asset item may need to be established; 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 are prepared through expert appraisers, and 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, and the court determines the active assets of the deceased and records them in the estate inventory. At this stage, interested parties may raise objections, submit additional documents, or request further investigations.
4. Low-Value Items: Legally, the deceased’s low-value personal belongings are also part of the estate. Whether items of negligible value such as daily use items are recorded in detail is, in practice, left to the judge’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 kept in the safe of the estate court, while cash and foreign currency are deposited into the estate account. Other movable properties may be entrusted to one of the heirs or a third party appointed by the court as custodian; this measure ensures the preservation of the assets and helps prevent any loss before distribution.

The complete and accurate determination of active assets in Turkey is necessary for the fair and lawful distribution of the inheritance. Therefore, heirs should bring every asset known to them into the file in determination of inheritance in Turkey.

2. Determination of Passive Assets in Inheritance Determination Lawsuit in Turkey

The determination of passive assets ensures that the debts of the deceased at the time of death are fully and accurately disclosed, and it is just as important as the identification of active assets in the process of determining the estate in Turkey. Whether the estate is insolvent can only be understood once the liabilities are known. If the deceased was married, the liquidation of the matrimonial property regime comes first; the surviving spouse’s participation claim is a liability of the estate, while the deceased’s claim against the spouse is an asset. The main stages in identifying the liabilities are as follows:

1. Identification of Debts: The deceased’s bank loans, mortgages, credit card debts, tax liabilities, promissory notes and other financial commitments in Turkey are identified. Information on these debts is collected from the heirs, financial institutions and the relevant public institutions.
2. Separating Public and Private Debts: Mortgage-secured debts, tax liabilities and SGK premium debts are shown separately. The order of payment of debts is not a matter for the estate determination lawsuit, but for the official liquidation of the estate or enforcement and bankruptcy proceedings.
3. Court Proceedings: The court evaluates the collected information and records the passive assets of the estate in the estate inventory. This record does not constitute res judicata on the existence or amount of a debt; disputes are resolved separately between the creditor and the heirs.
4. Identification of Creditors: The creditors of the deceased become apparent from the replies of institutions and the documents in the file. However, creditors are not called by public notice in estate determination; if all creditors are to be called, the official inventory route must be used.

The determination of passive assets in Turkey protects the rights of the heirs by revealing the deceased’s debts transparently and accurately. It allows active and passive assets to be assessed together and enables the heir to decide, on an informed basis, whether to accept or renounce the inheritance or request official liquidation.

How Can the Assets of a Deceased Person Be Found in Turkey?

In Turkey, the assets of a deceased person are found by applying to land registry offices, banks and other institutions with a certificate of inheritance, and if this does not produce results, by filing an estate determination lawsuit. The certificate of inheritance proves the heir’s status before institutions, and many institutions share the deceased’s records on that basis. Some searches can also be made through e-Devlet; however, these searches do not always cover all institutions and all assets.

If it is not known in which banks the deceased had accounts or in which province the deceased owned real estate, the most comprehensive result is obtained through the official requests sent by the court to all institutions in Turkey. For this reason, the estate determination lawsuit is a more reliable way to uncover unknown assets than searching institution by institution, which is particularly relevant for foreign heirs living abroad.

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

In the process of estate determination in Turkey, the scope of the estate is determined according to the deceased’s assets as at the date of death. The rights and debts held by the deceased at the time of death make up the estate; increases or decreases in value after death do not change the scope of the estate. This principle ensures that the content of the estate is determined objectively and in line with legal certainty.

Under Turkish law, transfers made by the deceased before death are not included in the estate as it existed at the time of death for the purposes of estate determination; such transfers are taken into account only in lawsuits such as reduction or equalisation. While reserved shares are calculated on the basis of the estate at the time of death in reduction cases, in the division of the estate real property is allocated to the heirs at its actual value at the time of division (TCC Arts. 507, 657). It should therefore be assessed separately in Turkish practice for what purpose and by reference to which date a calculation is made.

What Is an Estate Inventory in Turkey and Who Keeps It?

In Turkey, the estate inventory is the official list in which the deceased’s assets and liabilities at the time of death are recorded item by item by decision of the civil judge of peace. Inventory keeping in the estate determination lawsuit in Turkey is one of the protective measures listed in TCC Art. 589 and is regulated in TCC Art. 590. The inventory documents the 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.

Under TCC Art. 590, the civil judge of peace in Turkey orders an inventory of the estate where one of the heirs is under guardianship or needs to be placed under guardianship, where one of the heirs has long been absent and has no representative, or where one of the heirs or interested parties makes a request within one month of the date of death, and the inventory is completed without delay.

In the practice of the Turkish Court of Cassation this one-month period is regulatory, not a forfeiture period; after it has passed, the protective determination of the estate may still be requested under TCC Art. 589. If there are movable assets belonging to the estate that cannot be preserved, the court arranges for their sale and conversion into cash. Historically, in the Ottoman period estate registers were kept by kadis within the court records; today this task belongs to the Civil Courts of Peace.

Under Turkish law, a person who claims that an item recorded in the estate inventory belongs to him or her and not to the estate may file a replevin lawsuit and request that the item be removed from the estate and delivered to him or her. Recording in the estate inventory does not finally resolve an ownership dispute over an item; ownership claims are therefore raised separately before the general courts.

Statute of Limitations and Duration of the Estate Determination Lawsuit in Turkey

In Turkey, the estate determination lawsuit is not subject to any statute of limitations or forfeiture period, and once filed, its duration varies with the size of the estate and the speed of replies from institutions.

The question of time covers two separate issues: until when the lawsuit may be filed, and how long it lasts once filed. The period for renouncing the inheritance is a separate matter; however, where the estate has been inventoried as a protective measure, it begins when the civil judge of peace in Turkey notifies the heirs that the inventory has been completed (TCC Art. 607).

1. 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, which allows heirs to file a lawsuit for the determination of inheritance in Turkey at any time after the decedent’s passing.

In its decision Court of Cassation 14th Civil Chamber, Docket No. 2015/7037, Decision No. 2016/6569, dated 07.06.2016, the court reversed a first-instance judgment that had rejected a request for determination and inventory made more than a year after the death on the ground that the one-month period had expired. The chamber held that the one-month period in TCC Art. 590 is regulatory, not a forfeiture period, and that protective measures concerning the estate may be requested at any time until division. An heir in Turkey who has missed the one-month period may therefore still request the protective determination of the estate under TCC Art. 589.

However, the absence of a time bar does not mean that delay has no consequences. Over time, the risk of movable assets being lost and records becoming inaccessible increases; it is therefore in the heirs’ interest that legal proceedings related to inheritance determination in Turkey are initiated without undue delay.

2. Does an Estate Determination Lawsuit Stop the Period for Renouncing the Inheritance in Turkey?

Under Turkish law, where the estate has been inventoried as a protective measure, the three-month period for renouncing the inheritance begins for legal and appointed heirs when the civil judge of peace notifies them that the inventory has been completed (TCC Art. 607). Where no inventory has been made, the period for legal heirs runs, as a rule, from the date on which they learned of the death (TCC Art. 606). The heir should therefore follow the notification of completion in the estate file and calculate the period from that date.

Under Turkish inheritance law, if waiting for the inventory is not possible or the period is insufficient for another reason, the heir may ask the civil judge of peace, where there are important reasons, to extend the renunciation period or grant a new one (TCC Art. 615). An heir who wishes to limit liability for the debts may request an official inventory within one month, following the procedure for renunciation (TCC Art. 619).

3. 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 the specific characteristics of each case and varies according to numerous factors. In practice, late replies from institutions and expert examinations are the main reasons for longer proceedings. The main factors affecting the length of the process include:

• Scope of the Estate: The size and variety 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 prolongs the investigation.
• Collection of Evidence and Replies from Institutions: The time required for the heirs to submit documents and for institutions to reply to official requests can significantly affect the timeline; correspondence with many institutions or abroad prolongs the process.
• Expert Reports: Seeking expert reports to determine the value of the assets and examining objections to these reports is a substantial factor in prolonging the case.
• Disputes Between Heirs: Disagreements among the heirs regarding the scope of the estate or the nature of the assets, especially where ownership claims are raised separately, can slow down the process.
• Court Workload: The workload of the court, the completion of notifications 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 an inheritance determination lawsuit in Turkey. Nevertheless, listing the institutions completely in the petition and submitting known documents from the outset contributes significantly to shortening the process.

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

In Turkey, the cost of an estate determination lawsuit consists of the fixed fee for non-contentious proceedings, expenses for notifications, official requests, on-site inspections and expert examinations, and attorney fees if the case is handled by a lawyer. The fee is not calculated on the value of the estate, but is a fixed amount set each year by the tariff of the Law on Fees. The item that mainly determines the total cost is whether an on-site inspection and expert examination are needed.

1. Court Costs: These include notifications, official requests, on-site inspections, expert examinations and similar procedural expenses. An 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; as the case progresses, additional costs may arise for on-site inspections or expert reports, and the court may request the applicant heir to deposit an advance to cover these.
2. Attorney Fees: These are the amounts paid to lawyers for handling the declaratory lawsuit to identify estate in Turkey. Attorney fees vary depending on the scope and duration of the case and the fee schedule set by the Bar Association; the fee is agreed by contract between the lawyer and the client, and a fee below the Minimum Attorney Fee Tariff cannot be agreed (Attorneyship Law Art. 164).

Under TCC Art. 589, the expenses of protective measures are paid by the applicant, to be recovered later from the estate; where the judge orders the measure of his or her own motion, the State bears them. Accordingly, in Turkey, court fees and expenses paid by the applicant heir can be recovered from the estate before the estate is distributed, and the court states in its decision that these expenses are to be covered from the estate.

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

In Turkey, the main result of the estate determination lawsuit is that the deceased’s assets and liabilities at the time of death are recorded in an official inventory and that the estate assets are protected. While it is vital for protecting the rights of heirs in Turkey, it is distinct in that it does not 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. Bank and land registry records that heirs cannot access on their own are obtained through the court’s official requests; since data protection laws provide an exception for personal data processed by judicial authorities in the course of proceedings (KVKK Art. 28/1-d), the court can collect this information. Thus real estate, movable property, bank accounts, securities, receivables, and debts are officially established.

2. Informing the Heirs in Turkey

As a result of the determination under Turkish law, all heirs have the same official information about the content of the estate. Who the heirs are and their shares are determined not in the estate determination lawsuit but by the certificate of inheritance. Heirs who see that the estate is insolvent can assess, on the basis of this information, whether to renounce the inheritance.

3. Protection of Heirs’ Rights in Turkey

The lawsuit provides heirs with concrete information about the deceased’s estate based on official records in Turkey. This information forms the basis for protecting their rights in Turkey and for confidently undertaking subsequent legal procedures.

4. Foundation for the Distribution of the Estate in Turkey

Under Turkish law, the determination of the content of the estate creates a foundation for the inheritance distribution process. The information obtained is the starting point for an inheritance division agreement between the heirs or a partition action.

5. Possibility to Initiate Replevin Lawsuits

Under Turkish law, an heir or a third party who claims that an item recorded in the estate inventory belongs to him or her may file a replevin lawsuit. Through this lawsuit, the claimant proves ownership and requests removal of the item from the estate; the estate determination decision does not constitute res judicata on this matter.

6. Discovery and Opening of the Will

If a will exists in Turkey, it is delivered to the civil judge of peace, opened and read to the interested parties (TCC Arts. 595–596). During the estate determination, notary records may reveal that a will exists; however, the validity of the will is examined not in the estate determination lawsuit but in a separate annulment lawsuit.

7. Official Registration of the Estate in Turkey

The estate inventory kept at the end of the lawsuit serves as an official document under Turkish law showing the content of the estate. Together with the certificate of inheritance and, where necessary, the division, heirs can complete ownership and rights transfers on the basis of this determination.

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.

Can a Foreigner Claim Inheritance in Turkey?

If a foreign deceased person had assets in Turkey, estate determination for those assets can be requested before Turkish courts. 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, is generating income from abroad or receives salary payments from abroad.

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; however, Turkish law applies to immovable property located in Turkey. Accordingly, the passing of a foreign deceased’s real estate in Turkey to the heirs is determined under Turkish law, while movable assets are, as a rule, governed by the law of the deceased’s nationality. In addition, the rules on the opening, acquisition and division of the inheritance are subject to the law of the country where the estate is located (MÖHUK Art. 20/2).

From a jurisdictional standpoint, under Article 43 of MÖHUK, in inheritance matters the court at the deceased’s last place of residence in Turkey, or, if there is none, the court where the estate assets are located in Turkey, has jurisdiction. Accordingly, even if the decedent is foreign, if there are estate assets (movable or immovable) in Turkey, estate determination may be requested 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.

In its decision Court of Cassation 5th Civil Chamber, Docket No. 2023/6152, Decision No. 2023/10278, dated 06.11.2023, concerning a British national with no place of residence in Turkey, the court applied MÖHUK Art. 43 and held that the Civil Court of Peace in Alanya, where the estate assets were located, had jurisdiction. Although the decision concerned a request for a certificate of inheritance, it shows that MÖHUK Art. 43 determines jurisdiction in inheritance matters concerning a foreign deceased’s assets in Turkey.

Since ownership, tax, and inheritance transfer procedures are handled together in such files, 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, and 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, the heirs should obtain the certificate of inheritance, complete the division of the inheritance by agreement or through a lawsuit, and file other inheritance lawsuits if necessary. These steps are important for the lawful transfer and distribution of the estate in compliance with local legal and administrative procedures. If the estate has turned out to be insolvent, renunciation or official liquidation within the statutory periods should be considered first.

1. Obtaining the Certificate of Inheritance: In Turkey, the certificate of inheritance is the official document showing the heirs and their shares, and it is issued by the Civil Court of Peace or a notary public (TCC Art. 598). It is independent of estate determination and can often be obtained before the lawsuit; it is needed to prove the status of heir before official authorities 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: Heirs may divide the inheritance among themselves; if they 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 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. Before this lawsuit is filed, applying to a mediator is a mandatory precondition (Law No. 6325 Art. 18/B). The court, as a rule, terminates co-ownership by dividing the assets in kind; where division in kind is not possible or would significantly reduce the value, it orders sale and conversion into cash, and the proceeds are distributed among the heirs according to their shares. If the property sold is leased, the sale of a tenanted property does not end the lease, and the buyer becomes a party to it.
4. Transfer of Shares and Registration: After the division is completed and/or court decisions become final, 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, transactions may contradict the decedent’s true intent or harm the heirs’ rights; based on the information obtained, heirs may file these lawsuits to reassess the scope of the estate and their shares.

In conclusion, after the completion of the court case for estate identification in Turkey, it is of utmost importance to follow the above steps in order and with due regard to time limits. 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 contract entered into by heirs after the death of the decedent, in which they divide the estate assets among themselves by mutual consent, and which must be made in writing (TCC Art. 676). This agreement is designed to prevent disputes related to inheritance law and to ensure a swift and harmonious distribution of the inheritance in Turkey. The list of assets produced by estate determination helps prepare the division agreement completely.

1. Based on the Parties’ Will: The inheritance division agreement in Turkey is concluded with the participation and free will of all heirs. Heirs mutually decide which estate assets will be transferred to whom and in what proportions, making this arrangement legally binding.
2. Scope of the Agreement: The agreement covers the estate assets included in the inheritance in Turkey, such as immovable properties, movable assets, bank accounts, securities and shares in commercial enterprises. Each asset item’s allocation to a particular heir is specified in detail.
3. Form and Notarization: Written form is sufficient for the validity of an inheritance division agreement in Turkey; notarization is not mandatory. Nevertheless, notarization makes proof easier, and for real estate the agreement serves as the basis for registration at the land registry for ownership to pass.
4. Protection of Heirs’ Rights and Obligations: The agreement aims to ensure a fair and balanced distribution among heirs. Heirs may also agree on a division that differs from their legal shares, and in this respect the inheritance partition agreement in Turkey contributes to the peaceful resolution of inheritance matters.
5. 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.
6. Compliance with Legal Procedures: When drafting an inheritance division agreement in Turkey, compliance with the inheritance provisions of the Turkish Civil Code is required. Agreements made without one of the heirs, without the required form or under a defect of consent may face invalidity or annulment; the prior determination of the estate (inheritance determination in Turkey) reduces these risks.
7. 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, helps prevent disputes and enables the process to be managed efficiently. Preparing it in line with the certificate of inheritance and current land registry records prevents problems at the transfer stage of inheritance proceedings in Turkey.

The essential requirements for a valid and enforceable inheritance division agreement under Turkish law must be met together. The table below summarises these requirements.

How Is Fraudulent Asset Concealment from Inheritance Detected in Turkey?

In Turkey, fraudulent asset concealment from inheritance is detected by examining together the land registry records of transfers made by the deceased during his or her lifetime, the difference between the real value and the stated price, the relationship between the parties and the deceased’s other transactions. Records obtained during the inheritance determination lawsuit in Turkey may help uncover transactions made by the deceased to divert assets from the heirs. The main remedy against such situations is filing a fraudulent concealment lawsuit in Turkey.

Under Turkish law, fraudulent concealment means that the deceased, in order to divert assets from the heirs, presents a transfer of real estate that is in reality a gift as a sale or a life-care contract at the land registry. Fraudulent concealment cannot be raised against transfers openly made as gifts; such transfers may, if the conditions are met, be subject to a reduction lawsuit. In its decision Court of Cassation 1st Civil Chamber, Docket No. 2023/5832, Decision No. 2024/471, dated 18.01.2024, the court stressed that the Unification of Case Law Decision No. 1/2 of 01.04.1974 applies in Turkey only where the deceased transferred real estate on record by sale or life-care contract and the transaction is found to be a sham.

The chamber reversed the judgment, holding that the transfers made by sale should lead to cancellation of the title deed and registration in proportion to the plaintiffs’ inheritance shares, while the transfers made by gift should be decided on the basis of a reduction calculation. The apparent sale is invalid because it does not reflect the parties’ true intent, and the concealed gift is invalid because it was not made in the required official form. Key points to consider regarding fraudulent concealment in Turkey include:

1. Detection of Sham Transactions: To file a fraudulent concealment lawsuit in Turkey, it is first necessary to detect transactions in which the decedent concealed his or her true intent. These transactions are often revealed through examination of property registry records, contracts, or other ownership documents.
2. Proof of True Intent: In a fraudulent concealment case in Turkey, the decedent’s intent to divert assets must be proven, and the burden of proof lies with the plaintiff heir. Land registry entries, written documents, witness testimonies, and all other evidence may be used for this purpose.
3. Filing the Lawsuit: The fraudulent concealment lawsuit in Turkey is filed by the heirs after the decedent’s death; it cannot be filed during the decedent’s lifetime. The case is heard, with a request for cancellation of the title deed and registration, before the Civil Court of First Instance where the property is located.
4. Court Process: The court evaluates the submitted evidence and decides whether the transaction was a sham. If fraudulent concealment is established, the transfer is declared invalid, and the court orders the cancellation of the title deed and registration in the plaintiff heir’s name in proportion to his or her inheritance share.

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

1. Intent to Divert Assets from the Estate: The court examines whether the decedent transferred assets to a third party while hiding the true intent. Demonstrating that the transaction was in reality a gift intended to divert assets from the heirs is crucial.
2. Difference Between Asset Value and Sale Price: If the decedent appears to have transferred assets at the land registry far below their true market value and the transferee had no means to pay, this is a significant indicator in proving fraudulent concealment.
3. Social Relations Between the Decedent and the Transferee: 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 a sham transaction.
4. Other Assets and Transactions of the Decedent: The decedent’s other assets and transfers are also reviewed. If, viewed together, they suggest a pattern of asset diversion, this strengthens the allegation of fraudulent concealment.

The Turkish courts assess these facts together rather than one by one. The table below summarises the indicators most frequently taken into account in practice.

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 in cases of fraudulent concealment from inheritance, obtaining legal counsel in Turkey is highly important to prevent potential loss of rights.