The Case For The Determination Of The Inheritance And The Inheritance
The estate is what people leave behind after they die;
Money,
Vehicle,
Right to claim,
Business,
Tangible assets such as property, plant and equipment
It is the name given to the whole of the debts.
In other words, the estate includes all private law relations that can be transferred and inherited by the inheritor during his/her lifetime. The rights strictly connected to the person end with the death of the heir. In this respect, the estate may not be equal to the property acquired by the heir during his/her lifetime.
In such cases, it is difficult to determine the existence of the estate and what it includes. Therefore, the heirs may request the court to determine the probate by filing a suit for the determination of the probate.
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The lawsuit for the determination of the inheritance is a type of lawsuit that is filed by the heirs after the death of the heir to determine the assets and liabilities of the inheritance and is a procedurally determinative lawsuit. Lawsuit for the determination of the inheritance is filed for two reasons:
The first reason is that the heirs do not know exactly how much assets the deceased has. Since the heirs do not have comprehensive information about the assets and debts of the heir, they cannot know whether they will suffer losses if they accept the inheritance. For such cases, the Turkish Civil Code (TCC) has granted the heirs the right to request the keeping of the inheritance book in order to protect the interests of the heirs.
The second reason is that the protection of the inheritance is requested. For example, if there is a situation where some heirs are missing property from the inheritance until the inheritance is divided among the heirs, the other heirs may apply to the Court and request that the inheritance be sealed and the inheritance book be kept.
With the case for the determination of the inheritance, upon the request of one or all of the heirs, the court or the judge of the Civil Court of Peace shall take all necessary measures for the protection of the property and rights subject to the inheritance by the state ex officio.
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These measures
Writing down the goods and rights in the inheritance,
Sealing the inheritance,
To the formal administration of the estate,
It is related to the opening of the will.
The expenses related to the measures shall be borne by the applicant, to be taken from the estate in the future, or by the State in cases where the judge decides on the measures ex officio. (Art. 589 TCC)
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