Determining the Estate

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Terekenin Tespiti ve Mirasçıların Bilgi Edinme Hakkı.

The first thing heirs should do is have the contents of the estate formally established. An application to determine the estate is made to the civil court of peace, which records what the estate contains. That record founds any decision to disclaim and the division among the heirs; where the debt position is unclear, requesting an official inventory is the protective step.

The deceased has died and you do not know what they owned. Which bank held accounts, how many properties there were, whether there were debts. The legal route to that information is the determination of the estate. TMK means the Turkish Civil Code No. 4721.

Why Determination Comes First

Before dividing an estate, its contents must be known. Otherwise:

• It may emerge later that the debts exceed the assets, once the period for disclaimer has passed;
• Assets are overlooked and the division is incomplete;
• An heir removing assets from the estate goes unnoticed.

Since the period for disclaimer is three months, the determination has to be made quickly. If that period is about to expire, time can be bought by requesting an official inventory before it does.

How the Application Is Made

TMK art. 589: the civil judge of peace at the deceased's place of residence takes, on application or of the court's own motion, all necessary measures to preserve the estate and ensure it passes to those entitled.

Those measures include recording the property and rights in the estate, sealing the estate, having it officially administered, and opening wills.

The determination is sought from the civil court of peace and is a matter of non-contentious jurisdiction. Any one of the heirs may apply.

On the application the court writes to the relevant institutions:

• Land registries — immovable property records
• Traffic registration — vehicle records
• Banks and the banking regulator — accounts, deposits, loans and safe deposit boxes
• The central securities depository — shares and investment accounts
• Tax offices — liabilities and debts
• Trade registries — company holdings
• Social security — receivables and debts

This gives access to information an heir could not obtain alone.

What an Official Inventory Achieves

A more far-reaching mechanism is the official inventory of the estate (TMK arts. 619 ff.).

Any heir may, before accepting or disclaiming, request that an official inventory be taken.

The period: the request is made to the civil judge of peace within one month of learning that the succession has opened.

Once an inventory is requested, the period for disclaimer does not run; when the inventory is complete, a fresh period is given to the heir to make their declaration.

During the process, creditors are invited by public notice to declare their claims. In respect of claims not declared within the notice period, the heir's liability is limited.

Acceptance subject to the inventory: after the inventory the heir may accept the estate subject to it, and is then liable only for the debts entered in the inventory (TMK art. 628).

This is a valuable protection where the debt position is uncertain, and it is not widely known.

Protective Measures

Where one heir is using the estate alone, removing assets or damaging them, further measures can be sought:

• Sealing of the property in the estate.
• Official administration of the estate (TMK art. 592). Where the heirs' interests require it, the judge appoints an administrator, who then administers the estate in place of the heirs.
• Interim injunction — an annotation on the land register, blocking of bank accounts.
• Appointment of a representative of the estate (TMK art. 640/3). The heirs may ask for a representative to administer all or part of the estate.

Where there is serious conflict among the heirs, these should be sought early; otherwise the estate can be consumed in fact.

If assets are thought to have been removed, the routes of title deed cancellation and simulated disposition should also be considered.

What Information an Heir Can Obtain

TMK art. 630: the heirs are obliged to give one another the information needed for the division of the estate.

Heirs may also request information from third parties. Banks must give the deceased's account information on production of the certificate of inheritance.

Where a bank declines:

1. Apply in writing with the certificate of inheritance and put the request on record.
2. If there is no response, complain to the banking regulator.
3. Ask the court, in the determination proceedings, to write to the bank.

Heirs can also reach some records — land and vehicle registrations — through the e-government portal, a practical starting point.

Finally: where an heir conceals transfers made by the deceased during life, claims for collation and abatement arise. For that reason the land registry records should be requested not only in their current state but as historical extracts.

Frequently Asked Questions

How do I find out what the deceased owned?

Ask the civil court of peace to determine the estate; the court obtains land, vehicle, bank, securities, tax and trade registry records.

Must banks give information?

They must, on production of the certificate of inheritance. If they refuse, complain to the banking regulator and ask the court to write to them.

What is an official inventory?

A formal recording of the estate. It must be requested within one month; the disclaimer period does not run while it is taken, and acceptance subject to it limits liability to the debts entered.

My sibling is using the estate alone. What can I do?

Ask for official administration, the appointment of a representative, sealing, and an interim injunction.

Can I obtain historical land registry records?

Yes, and you should. Transfers made by the deceased during life found any claim for collation, abatement or simulation.