DETERMINATION OF INHERITANCE AND ESTATE PROCESS IN TURKEY

WHAT IS AN ESTATE IN TURKISH LAW?

An estate is a legal concept encompassing the entire wealth left behind by an individual after their death. This term includes both the active and passive assets transferred to the heirs after the death of the deceased. Active assets represent the wealth and receivables of the deceased at the time of death, while passive assets represent their debts. Generally, all the rights and obligations of the deceased are included in the estate, except for some special circumstances. Therefore, the estate constitutes the total inheritance of an individual along with the determination of the estate.

The estate is the most significant concept in the fair distribution and sharing of inheritance. Legal heirs can initiate an estate determination lawsuit in Turkey to assess and distribute the estate. During this legal process, the deceased’s assets and debts are identified and recorded in an official register. However, this lawsuit is solely concerned with the determination of heritage; it does not involve a ruling on the distribution of the inheritance.

The estate encompasses various elements such as tangible assets, businesses, real estate, and receivable rights. It covers all private legal relationships acquired by the deceased during their lifetime and terminates upon their death. Therefore, the content and scope of the estate can sometimes be uncertain, and heirs may file an inheritance determination lawsuit to request the accurate determination of the estate from the court.

WHAT ITEMS ARE INCLUDED IN AN ESTATE?

Items included in an estate represent the wealth left behind by an individual after their death. The items typically included in an estate are as follows:

• Real Estate: Immovable properties such as land, houses, apartments, and commercial properties owned by the deceased are part of the estate.
• Personal Property: Moveable assets owned by the deceased, including items such as automobiles, cash, jewelry, furniture, electronic devices, artwork, antiques, and other personal valuables, are included in the estate.
• Bank Accounts and Financial Assets: Bank accounts, deposit accounts, investment accounts, and other financial assets registered in the name of the deceased are included in the estate.
• Securities: Stocks, bonds, debentures, and other securities held by the deceased are considered part of the estate.
• Debts and Credits: Debts owed to and by the deceased are evaluated within the estate. For example, the deceased’s credits and debts can be transferred to the heirs as part of the estate.
• Intellectual Property Rights: Intellectual property rights such as copyrights, patents, trademarks, and registered designs owned by the deceased are also included in the estate.

The aforementioned assets are typical examples of estate assets, but estate assets are not limited to these examples alone. The content of an estate can vary depending on the assets and rights owned by the deceased. The determination of estate assets is the most crucial aspect in the fair and lawful distribution of inheritance and should be managed carefully to protect the rights of the heirs.

WHAT IS AN ESTATE DETERMINATION LAWSUIT IN TURKEY?

An estate determination lawsuit in Turkey is a legal process initiated to accurately and comprehensively determine the assets left behind by an individual after their death. This lawsuit is typically pursued when there is disagreement among heirs or when there is insufficient information about the deceased’s estate. Regulated in detail in the relevant articles of the Turkish Civil Code, this lawsuit aims to protect the rights of the heirs according to inheritance determination in Turkey.

However, a succession determination lawsuit is solely a process of inheritance determination in Turkey and does not include a ruling on how the estate will be distributed. This lawsuit is opened for the purpose of identifying the inheritance assets and protecting the rights of the heirs. The stage of distributing the inheritance is a separate process, and various methods can be pursued to resolve disputes among the heirs.

HOW IS THE DETERMINATION OF HERITAGE ASSETS CONDUCTED?

In an succession determination lawsuit, the court takes various steps to accurately determine the deceased’s assets, rights, and liabilities. These steps can be outlined as follows:

1. Statements and Evidence of the Parties: Initially, the court relies on the statements and evidence provided by the parties to determine the assets and liabilities of the deceased. Heirs present information to the court regarding the assets and liabilities owned by the deceased.
2. Court Inquiries: The court sends inquiries to relevant institutions and organizations to obtain information and documents concerning the rights and liabilities of the deceased from the date of their death onwards. These institutions may include the Land Registry Office, Revenue Administration Presidency, Social Security Institution, and Turkish Banking Association, among others.
3. Discovery Process: When deemed necessary, the court may conduct a discovery process to physically examine the deceased’s assets and other elements. The discovery process allows the court to obtain more detailed information and examine evidence.
4. Evaluation of Information and Documents: Based on the statements of the parties, evidence presented, and responses received from relevant institutions and organizations, the court attempts to determine the inheritance assets. The assets and liabilities of the deceased are identified in accordance with the information and documents obtained.

In inheritance determination in Turkey, it cannot be expected for heirs to be aware of all the rights and liabilities of the deceased. Therefore, the process conducted by the court is crucial to accurately determine the deceased’s assets and to ensure lawful distribution to the heirs. Heirs initiate a lawsuit for the determination of the estate to ensure the collection of necessary information and documents by the court.

Identification of Active Estate Assets in an Inheritance Determination in Turkey

The identification of active estate assets is a critical step in the estate determination lawsuit in Turkey and is typically conducted through specific processes. The steps followed for the identification of active estate assets include:

• Gathering Information: Initially, all documents related to the deceased’s assets must be collected. These documents may include title deeds, vehicle registrations, bank account statements, stock certificates or bond certificates, borrowing documents, insurance policies, wills, promissory notes, tax returns, and other financial documents.
• Evaluation and Appraisal: To determine the value of inheritance assets, the value of each asset item must be determined. Real estate properties may undergo real estate appraisal, second-hand market values may be determined for vehicles, and the current market values of financial assets may be calculated. If deemed necessary, valuation reports can be prepared through expert appraisers.
• Court Proceedings: After the evaluation process, the determined values of active estate assets are presented to the court. The court determines and records the deceased’s estate based on these values.
• Exempted Assets: In some cases, certain types of assets may be excluded from the estate. For example, small items below a certain amount are generally not considered within the scope of the estate.
• Protection of the Estate: While valuable items such as jewelry are recorded in the court safe, other items are usually entrusted during the lawsuit process.

The process of identifying active estate assets is crucial for the fair distribution of inheritance and the protection of the heirs’ rights.

Identification of Passive Estate Assets in an Inheritance Determination in Turkey

The identification of passive estate assets is an important stage that ensures the accurate determination of the deceased’s liabilities. The steps followed for the identification of passive estate assets include:

• Identification of Debts: Firstly, all debts owed by the deceased must be identified. These debts typically include bank loans, mortgages, credit card debts, tax debts, borrowing documents, legal obligations, and other financial commitments. Information and documents regarding the deceased’s debts are collected through heirs, financial institutions, and other relevant parties.
• Classification of Debts: The collected debts may be classified as priority and secondary debts. Priority debts are considered debts that arose before the death of the deceased and are required to be paid off first. For example, tax debts, mortgages, or legal obligations may be considered priority debts. Secondary debts are the other debts paid after priority debts have been settled.
• Court Proceedings: After the collection and classification of debts, the court evaluates this information and determines the passive estate assets. Considering the payment feasibility and priority of debts, the court accurately determines the passive estate assets.
• Identification of Creditors: The court also attempts to identify the creditors of the deceased. This includes identifying individuals and institutions that were creditors of the deceased prior to their death.

The identification of passive estate assets ensures the determination of the deceased’s debts and helps protect the rights of the heirs. This process is important for accurately determining the estate.

WHICH VALUES ARE CONSIDERED IN SUCCESSION DETERMINATION PROCESS?

In the determination of heritage, the assets and rights of the deceased at the time of their death are considered. According to the relevant articles of the Turkish Civil Code, any acquisitions or distributions made by the deceased before their death are evaluated based on the situation at the time of death. Therefore, it is necessary to determine the values of the deceased’s assets based on the market values at the time of their death.

KEEPING RECORDS IN THE ESTATE DETERMINATION LAWSUIT IN TURKEY

The process of keeping records in the inheritance determination in Turkey is regulated by Article 590 of the Turkish Civil Code. This regulation states that if requested within 1 month from the date of death, the Peace Judge may decide to keep records of the estate.

Article 589 of the Turkish Civil Code considers record-keeping as a protective measure. This measure aims to determine the components of the estate at the time of death and provide a reference in case of disputes. It allows obtaining information about the status of the estate at the time of death and documents the formation of the estate.

After determining the values of the deceased’s active and passive assets in the process of succession determination, the court proceeds to the record-keeping stage. The court identifies the components of the estate and records them individually in the estate record book. If there are components that cannot be preserved, the court may sell them to convert them into cash.

A heir who disputes that the recorded assets belong to the estate has the right to file a claim by indicating this situation. In the claim, the heir may request the removal of an asset from the estate and its delivery to them if they prove that it belongs to them.

Keeping records of the estate is an important step to protect the rights of heirs and ensure the accurate determination of the estate. This process supports the fair distribution of the inheritance and resolution of potential disputes.

WHO CAN FILE AN INHERITANCE DETERMINATION LAWSUIT?

An estate determination lawsuit in Turkey can be filed by any one or all of the heirs of the deceased, or by a representative appointed for the estate on behalf of all the heirs. If only one of the heirs files a lawsuit for the determination of heritage, the other heirs are not required to file separate lawsuits, as the outcome of the lawsuit will apply to all heirs. Additionally, an estate determination lawsuit in Turkey is a non-contentious legal matter and is filed without adversaries. This means that any one of the heirs can file the lawsuit for the determination of the estate.

Each heir has the authority to file the lawsuit individually, and all heirs together can also file the lawsuit. However, even while other inheritance lawsuits are ongoing, a succession determination lawsuit can be requested and pursued. This is an important step for heirs to gain clarity on the distribution and sharing of the inheritance.

JURISDICTION AND COMPETENT COURT IN ESTATE DETERMINATION LAWSUITS

The competent court for an estate determination lawsuit in Turkey is determined as the Peace Civil Court according to Article 590 of the Turkish Civil Code. The Peace Civil Court evaluates requests for keeping records of the estate and manages this process.

The competent court is determined based on the deceased’s last place of residence. However, if the deceased’s last place of residence is abroad, the competent court is the place of residence court where assets are located in Turkey. In this way, the inheritance determination in Turkey is conducted and concluded by the relevant local court.

IS THERE A STATUTE OF LIMITATIONS IN ESTATE DETERMINATION LAWSUITS?

An estate determination lawsuit can be filed after the death of the deceased. There is no statute of limitations or time limit for filing an estate determination lawsuit. Therefore, the right to file the lawsuit is always available and not subject to any specific time limit.

As a result, heirs can file an estate determination lawsuit in Turkey at any time after the death of the deceased. The aim of this process is to accurately determine the estate and protect the rights of the heirs.

HOW LONG DOES AN ESTATE DETERMINATION LAWSUIT IN TURKEY TAKE?

The completion time of an inheritance determination in Turkey can vary depending on several factors and is typically case-specific. Some important factors influencing the duration of the lawsuit include:

1. Complexity of the Case: The succession determination lawsuit may take longer depending on the complexity of the estate. Detailed examination and determination of the estate’s assets can be time-consuming.
2. Collection of Evidence: Gathering and examining evidence presented by the parties may be necessary. The process of collecting and examining evidence can be time-consuming.
3. Expert Opinions and Expert Reports: The court may request expert opinions and expert reports for the resolution of the case. The preparation and examination of these reports can take time.
4. Disputes Among Parties: If there are disputes among the parties, the resolution of the lawsuit may take longer. In cases where no agreement can be reached, the court process may be further prolonged.
5. Adherence to Court Schedule: The court’s schedule affects the processing speed of lawsuits. The workload of the courts and the time taken to obtain appointments can affect the duration of the lawsuit.

Therefore, the completion time of the lawsuit is an unpredictable process. Depending on the complexity of the case, disputes among the parties, examination of evidence, and adherence to the court schedule, the duration may vary.

WHAT ARE THE FEES AND COURT COSTS IN AN ESTATE DETERMINATION LAWSUIT IN TURKEY?

The expenses incurred in an estate determination lawsuit typically include court costs and attorney fees. Court costs include covering formal procedures, presentation of evidence, expert examinations, and similar requirements during the lawsuit. Attorney fees refer to the fees paid to the attorney for handling the case and advocating for the rights of the heirs.

Attorney fees may vary depending on the complexity and duration of the lawsuit, the experience of the inheritance lawyer, and local fee schedules. In some cases, attorneys may charge their fees based on a certain percentage of the estate or on an hourly rate during the lawsuit process. However, some attorneys may prefer to charge their fees based on a portion of the inheritance obtained after the lawsuit.

An inheritance determination in Turkey is subject to a fixed fee. This means that a fixed court fee must be paid regardless of the value of the lawsuit. However, as the trial progresses, expenses such as notifications, discovery, expert reports may arise. An advance may be requested from the heir who filed the lawsuit to cover these expenses.

The expenses incurred after the conclusion of the lawsuit are typically covered by the estate assets. Therefore, the heir who initiated the determination lawsuit is free to claim the expenses incurred during the lawsuit process from the estate assets before the distribution of assets obtained as a result of the lawsuit. This process becomes clear with the court decision at the end of the lawsuit.

WHAT ARE THE RESULTS OF AN SUCCESSION DETERMINATION LAWSUIT?

An estate determination lawsuit in Turkey ensures the accurate determination of the deceased’s estate and protects the rights of the heirs. However, the outcomes obtained from this lawsuit focus solely on the determination of the estate and do not provide an automatic mechanism for the distribution of the inheritance.

• Determination of the Estate: The primary objective of the lawsuit is to accurately determine the deceased’s estate. During this process, the values of both active and passive assets of the deceased are determined, and the inheritance assets are identified.
• Identification of Heirs: After the estate is determined, the court identifies the heirs. Heirs are either statutory heirs or individuals designated in the will, if any. Additionally, any heirs who have renounced their inheritance rights are also identified by the court.
• Protection of Heirs’ Rights: This lawsuit aims to protect the rights of the heirs. As a result of the lawsuit, the heirs gain clear information about the deceased’s estate and can use this information to defend their rights.
• Distribution of the Inheritance: The court determines the rights and shares of the heirs. The information obtained as a result of the lawsuit forms the basis for how the inheritance will be distributed among the heirs. This information is used to determine the value of the inheritance and the rights of the heirs.
• Assertion Lawsuits: If the estate recorded in the estate ledger leads to disputes among the heirs, they can file assertion lawsuits. In these lawsuits, an heir can prove that certain assets recorded in the ledger belong to them and request their transfer.
• Evaluation of the Will: If the deceased left a will, the court evaluates and applies its provisions.
• Formalization of the Inheritance: The information obtained as a result of the lawsuit facilitates the formalization of the inheritance into official records. The heirs can take the necessary steps to formalize the inheritance based on the determined estate.

The inheritance determination in Turkey provides for the determination of the deceased’s assets and liabilities. As a result of the lawsuit, the estate is determined, heirs are identified, and the inheritance is distributed or debts are collected.

WHAT SHOULD BE DONE AFTER THE INHERITANCE DETERMINATION IN TURKEY?

After the determination of heritage, the following steps should be taken:

• Obtaining a Certificate of Inheritance: After the estate determination lawsuit in Turkey, heirs need to obtain a certificate of inheritance to officially transfer the inheritance to them. The certificate of inheritance is the official document required for the transfer of the inheritance and is used in the distribution of the estate.
• Distribution of the Inheritance: After obtaining the certificate of inheritance, heirs can proceed with the distribution of the inheritance. If there is an agreement among the heirs, the distribution of the inheritance can be done through mutual agreement. Thus, they acquire the inheritance through the process of inheritance transfer.
• Partition Lawsuit: If disputes arise among the heirs regarding the distribution of the inheritance, a partition lawsuit can be filed. As a result of the lawsuit, immovable property is put up for sale according to execution and bankruptcy law.
• Distribution of the Inheritance: After the partition of the inheritance or court decision, the distribution of the inheritance takes place. The heirs receive their respective shares, and the transfer of the inheritance is completed.

The estate determination lawsuit in Turkey and the process of inheritance distribution are important to protect the rights of the heirs and ensure the fair distribution of the inheritance. These processes should be carried out in compliance with legal procedures, and the rights of the heirs should be upheld.

WHAT IS AN INHERITANCE DIVISION AGREEMENT?

An inheritance division agreement is a contract that facilitates the distribution of the deceased’s estate among the heirs according to a specific arrangement. This agreement is made among the legal heirs after the death of the deceased when an agreement is reached.

• Based on Consent: The inheritance division agreement is based on reaching a consensus among the heirs. The parties agree on how the deceased’s estate will be divided, and this agreement is documented in the contract.
• Distribution of the Inheritance: The contract specifies how movable and immovable properties, cash, real estate, vehicles, bank accounts, and other assets in the deceased’s estate will be distributed. The division of the inheritance is detailed in the contract.
• Notarization: It is not mandatory for the inheritance division agreement to be made before a notary. However, it is recommended to do so in the presence of a notary to prevent potential disputes, and it is generally drawn up as notarized. Notarization serves as evidence in case of any future disputes.
• Prevention of Future Issues: The inheritance division agreement is made to prevent future disputes among the heirs. A clearly defined distribution plan helps minimize potential issues related to inheritance law in the future.
• Compliance with Legal Procedures: When making an inheritance division agreement, the inheritance law in Turkey and legal procedures of the relevant country should be considered. An inheritance division agreement that does not comply with the laws may be deemed invalid. The inheritance division agreement fosters clear communication and understanding among the heirs and facilitates the voluntary distribution of the inheritance. Therefore, it is recommended to draft an inheritance division agreement if an agreement is reached among the parties.

HOW IS ASSET HIDING FROM INHERITANCE DETECTED?

Detecting fraudulent actions aimed at depriving the heirs of their inheritance rights by the deceased is crucial, and filing a “collusive simulation lawsuit” against it is essential. Collusive simulation is a legal concept that refers to situations where the deceased intentionally conceals their true intentions by transferring or changing assets or rights.

Some points to consider regarding collusive simulation are as follows:

• Detection of Fraudulent Transactions: To file a collusive simulation lawsuit, it is first necessary to detect the fraudulent transactions where the deceased concealed their true intentions. These transactions can typically be uncovered by examining property records, contracts, or other ownership documents.
• Proving the True Intent: In a collusive simulation lawsuit, proving the deceased’s true intentions is essential. It is the responsibility of the plaintiff to prove this intent. Property records, written contracts, witnesses, and other evidence can be used to reveal the deceased’s true intentions.
• Filing the Lawsuit: A collusive simulation lawsuit is filed to prove the deceased’s true intentions and fraudulent transactions before the court. Generally, it is necessary to take action after the death of the deceased.
• Court Process: The collusive simulation lawsuit proceeds through the court process. The court evaluates the parties’ evidence and decides on the existence of collusive simulation. If collusive simulation is found, fraudulent transactions are deemed invalid, and the distribution of the deceased’s assets or rights is carried out according to their true intentions.

Some factors that may be considered in proving collusive simulation and calculating the true value of the inheritance are as follows:

• Intention to Evade Assets from the Estate: In a collusive simulation lawsuit, situations where the deceased transferred their assets to a third party while concealing their true intention are examined. It is crucial to prove that the true owner of the property was the deceased and that this transaction was indeed fraudulent.
• Difference between Asset Value and Sale Value: If the deceased transferred their assets at a price lower than their true value and had fraudulent intentions, this situation can be used as evidence in proving collusive simulation.
• Social Relationships between the Deceased and the Third Party: In a collusive simulation lawsuit, the social relationships and level of connection between the deceased and the third party who received the assets are examined. If there is a special relationship between them or if the transaction did not occur under normal market conditions, this may indicate fraudulent intent.
• Other Assets of the Deceased: In a collusive simulation lawsuit, the deceased’s other assets are also examined. If there is a tendency to evade assets from the estate when considering the deceased’s other assets, this can support the claim of collusive simulation.

These factors play a significant role in determining the deceased’s true intentions and the value of the assets in a collusive simulation lawsuit. The court evaluates this evidence to determine the existence of collusive simulation and the deceased’s true intentions.