Determination Of Inheritance Lawsuit And Time Periods
Each of the heirs may file a lawsuit for the determination of the inheritance. Each heir is authorised to file a lawsuit, or all heirs may file a lawsuit together.
However, a lawsuit for the determination of the inheritance may also be filed during the pendency of other inheritance cases.
COMPETENT AND AUTHORISED COURT FOR THE DETERMINATION OF THE INHERITANCE
The competent court for the determination of the inheritance is the Civil Court of Peace. Court where the last place of residence of the heir is located is the competent court.
The duration of the lawsuit for the determination of the inheritance depends entirely on the workload of the courthouse and the court where the lawsuit is filed. Therefore, no time limit can be guaranteed in this regard. In addition to the intensity of the court, lawsuits filed without any legal basis and all transactions carried out regarding the inheritance cause unnecessary prolongation of the case. Therefore, the existence of legal grounds significantly shortens the duration of the lawsuit.
PRESCRIPTION PERIOD IN THE CASE OF DETERMINATION OF THE INHERITANCE
No statute of limitations or forfeiture period is stipulated in our law for the filing of a lawsuit for the determination of the inheritance. In this respect, the lawsuit for the determination of the inheritance can be filed by the relevant persons at any time, provided that the legal interest in filing the lawsuit continues.
All issues such as the process of the lawsuit for the determination of the inheritance, the workload of the court, the day of the hearing, the judicial holiday during the trial, the collection of evidence, whether the parties are excused or not, also affect how long the lawsuit will end. For all these reasons, it is not possible to say a definite date on how long the lawsuit process will end. If it is necessary to give an average time, it takes approximately 1-2 years. However, if you get attorneyship service from a lawyer who is an expert in his/her field, the lawsuit process will accelerate, follow-up of notifications, checking the outgoing documents coming to the file and making requests will accelerate the lawsuit process.
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