Determination of Assets in Turkey for Heirs Living Abroad The Lawsuit for Determination of the Estate under Turkish Law

Following the death of a relative in Turkey, the inheritance process may often involve significant uncertainty. This is particularly the case for heirs residing abroad, who may not have clear information regarding the scope and composition of the deceased’s assets located in Turkey.

In practice, heirs frequently seek answers to questions such as:

• How can it be determined whether the deceased owned real estate in Turkey?
• Did the deceased hold bank accounts or other financial assets in Turkey?
• Is it possible to handle inheritance matters in Turkey without traveling to the country?

In such circumstances, Turkish law provides an important legal mechanism: the lawsuit for the determination of the estate.

This article outlines the legal concept of estate determination under Turkish law, explains in which situations such a lawsuit may be filed, and describes how heirs living abroad may initiate and manage this legal process.

What Is an Estate (Tereke)?

Under Turkish law, the term “estate” (tereke) refers to the entirety of the assets and liabilities belonging to the deceased at the time of death.

The estate may include, among others:

• Real estate (houses, apartments, land, or agricultural property)
• Bank accounts and financial assets
• Vehicles
• Company shares or partnership interests
• Receivables
• Valuable personal property
• Outstanding debts and liabilities

In other words, the estate comprises both the assets and liabilities of the deceased person.

Before any distribution of inheritance can take place, the full scope of the estate must first be accurately identified and determined.

What Is a Lawsuit for the Determination of the Estate?

A lawsuit for the determination of the estate is a legal action initiated before the competent court in order to identify and officially establish the assets belonging to the deceased.

Within the framework of this procedure, the court conducts an official investigation into the assets of the deceased by requesting information from various public authorities and institutions.

Typically, inquiries are made to:

• Land Registry Offices
• Banks and financial institutions
• Vehicle registration authorities
• Tax offices
• Trade registry offices

Based on the information obtained from these official records, the assets forming part of the estate are formally identified and documented.

In Which Situations Is Such a Lawsuit Filed?

In practice, a lawsuit for the determination of the estate is commonly initiated in the following circumstances:

When the assets of the deceased are unknown

Heirs residing abroad often do not have complete knowledge of the assets owned by the deceased in Turkey.

When there is a lack of transparency among heirs

In some cases, one or more heirs may not disclose information regarding the assets of the deceased.

When there is suspicion of asset transfers

Property transfers or financial transactions carried out shortly before the death of the deceased may raise concerns regarding potential concealment of assets.

When the estate must be identified prior to the distribution of inheritance

A fair and lawful distribution of the inheritance requires that the entire estate first be clearly established.

Can Heirs Living Abroad File This Lawsuit in Turkey?

Yes.

Heirs residing outside Turkey may also initiate a lawsuit for the determination of the estate before Turkish courts.

In most cases, the personal presence of the heirs in Turkey is not required.

The process generally proceeds as follows:

1. Granting a power of attorney to a lawyer in Turkey
2. Filing the lawsuit before the competent Civil Court of Peace
3. The court requesting information from relevant public institutions
4. The official determination of the assets belonging to the deceased

The power of attorney can typically be issued through a Turkish Consulate in the country of residence.

Competent Court

In estate determination proceedings, the competent court is generally the Civil Court of Peace (Sulh Hukuk Mahkemesi) located at the last place of residence of the deceased.

The court will request information from the relevant authorities and conduct the necessary inquiries to establish the assets forming part of the estate.

What Happens After the Estate Has Been Determined?

Once the estate has been formally determined, heirs may proceed with additional legal actions, including:

• Distribution of the inheritance
• Dissolution of co-ownership among heirs
• Lawsuits concerning fraudulent transfers of assets
• Renunciation of inheritance

For this reason, the determination of the estate often constitutes the first and most important step in inheritance proceedings under Turkish law.

Legal Assistance in Turkish Inheritance Matters

Inheritance procedures in Turkey may present particular challenges, especially for heirs residing abroad.

The investigation of real estate assets, identification of bank accounts, and management of court proceedings often require professional legal assistance.

Vural & Demir Law Firm represents clients both in Turkey and internationally in inheritance matters concerning assets located in Turkey and provides legal support in estate determination proceedings and related inheritance disputes.