Establishing the Estate and Protecting Inheritance Assets: Bank Accounts, Land Registry Records and Investigating Concealed Property

Legislation and source review: October 12, 2026

Establishing the estate (terekenin tespiti) serves to identify, and where necessary protect, the property, rights and debts that the decedent left behind at the date of death. The application is, as a rule, made to the civil court of peace at the decedent's last place of residence. Any one heir may request protection on his or her own. However, this procedure does not by itself secure the automatic return of money already withdrawn, the cancellation of a title deed registered in the name of a third party, or the distribution of the inheritance.

For heirs, the real difficulty is often not learning the share ratio but finding the assets to be divided. The banks where accounts are held, whether real estate was transferred before death, the fate of the contents of a safe deposit box, or the debts of a business may be unknown. A correct application therefore includes, alongside the collection of existing records, a concrete request for protection of assets and documents that are at risk of being lost. This guide considers, together, establishment, protection and the subsequent ways of pursuing rights under Turkish law.

What Is the Estate, and What Does Establishing It Achieve?

The estate is the whole formed by the property values and debts of the decedent that may pass to the heirs upon death. Titled real estate, vehicles, bank receivables, company shares, rental receivables and other transferable rights are investigated within this scope. Rights strictly bound to the person and extinguished by death do not all pass to the heirs. A benefit that a person enjoyed during life therefore cannot be assumed to have estate value. This subject is also addressed in the article transfer of a vehicle left by inheritance.

Article 589 of the Turkish Civil Code (TMK) gives the civil judge of the peace the duty to take the measures necessary to protect the estate and to ensure its passage to the persons entitled to it. Establishment and inventory are the tools of this protection. For the purposes of Articles 382–388 of the Code of Civil Procedure (HMK), the matter falls within non-contentious proceedings; the name "action for establishing the estate" used in practice does not turn the procedure into an action for performance that resolves a property dispute.

An Establishment Decision Is Not a Judgment on Title or Repayment of Money

The question of to whom a property or receivable listed in an inventory belongs may be disputed later. A right in respect of property not shown in the register may also be asserted with the necessary evidence. Establishment, by itself, is neither a final ruling of ownership nor a payment order based on a share of the inheritance. Under Article 388 HMK, unless the law provides otherwise, decisions in non-contentious proceedings do not create res judicata in the substantive sense.

For example, if money held in an account at the date of death was later transferred to an heir's account, dated bank records may establish that. However, whether the money was taken without legal cause, whether it is payable to the estate or to a specific heir, and against whom a claim should be directed are assessed separately. The view that "it has been entered into the estate, so it can now be collected directly" may lead to an incorrect claim being framed.

The Property at the Date of Death Must Be Distinguished from the Present Position

The essential reference point for establishment is the date of death. Nevertheless, where the asset is now and whether it has been protected are also important. The account balance at the date of death and the current balance; the land registry record at the date of death and subsequent transfers; and an accrued rental receivable and rental income accruing after death should be tracked in separate columns.

Property validly disposed of during life cannot be counted as current estate property merely because it once belonged to the decedent. A claim that the transfer was simulated, or that the gift is subject to abatement or equalization, however, requires a separate legal analysis. During establishment, the documents of those transactions may be investigated; but the result of the investigation and the invalidity of the transaction are not the same thing.

Who May Request Establishment of the Estate?

Is an Application by One Heir Sufficient?

Article 640 TMK gives each heir the possibility to request protection of the rights in the estate and states that the protection will benefit all heirs. It is therefore not necessary for all the other heirs to sign the application. The applicant must explain his or her status by means of a certificate of inheritance or the relevant records, and must describe the unknown assets and the interest requiring protection. For estates with no identified heirs, the article unknown heirs and the passing of the inheritance to the State may also be read.

This power does not mean that each heir may collect all the estate's receivables in his or her own name. The power to request protection and the power to act and litigate on behalf of the estate are separate. For subsequent receivable or ownership claims, joint ownership, acting jointly and, where necessary, the appointment of an estate representative are examined separately.

Other Interested Persons and Non-Adversarial Applications

Article 590 TMK also allows applications by interested persons alongside heirs. A legatee or a person claiming to be a creditor must show a concrete legal interest in the protection of the estate and the scope of the request. It cannot be said that every third party has an unlimited right to request an investigation of the decedent's property. The judge may also take measures on his or her own motion where necessary.

A protection application is usually conducted without an opposing party, since it is not an action seeking performance from a specific person. Nevertheless, information about known heirs, persons holding the property and persons who will be affected by the decision must not be withheld. The absence of an opposing party does not prevent interested persons from being heard or a third party's ownership claim from being recorded. Where the substance of a contested question of ownership needs to be resolved, the appropriate form of action is used.

Which Court Has Subject-Matter and Territorial Jurisdiction?

General Rule: The Civil Court of Peace at the Last Place of Residence

Under Article 589 TMK and Article 383 HMK, the application is directed to the civil court of peace. The general basis of jurisdiction is the decedent's last place of residence. The hospital where death occurred, the district where the person is registered and the place where the person actually lived continuously are not always the same. Alongside address records, police inquiries where necessary and documents showing the way of life are assessed.

The decision of the 5th Civil Chamber of the Court of Cassation (Yargıtay 5. Hukuk Dairesi) dated December 11, 2023, E. 2023/7825, K. 2023/12097, illustrates this distinction in a dispute over jurisdiction concerning delivery of the estate. The uncertainty between the population and address records was investigated; the last place of residence before death was accepted as Akyurt, and the Akyurt Civil Court of Peace was designated as the competent court. The decision shows that reliance merely on the place of population registration may not be sufficient. Full text of the decision.

Urgent Protection for Property Located Elsewhere

Where the decedent died in another place, Article 589 TMK provides that the civil judge of the peace at the place of death takes the necessary measures for property located there and sends the file to the court of the place of residence. The examination of jurisdiction must not result in an urgent need for protection being overlooked.

In the decision of the 14th Civil Chamber of the Court of Cassation (Yargıtay 14. Hukuk Dairesi) dated January 11, 2016, E. 2015/5643, K. 2016/100, the rejection of the request for establishment and protection of the estate for lack of jurisdiction was reversed. The decision emphasizes that the civil judge of the peace where the property is located should take the necessary measures and notify the court of the place of residence of the steps taken. This approach should be read not as freedom to conduct the whole file wherever one chooses, but as a need to prevent the loss of property that cannot wait to be protected. Full text of the decision.

Where the Decedent Lived Abroad

In files with a foreign element, Article 43 of the Law on Private International Law and Procedure (MÖHUK) is also considered. The provision establishes a jurisdictional connection through the last place of residence in Türkiye, or, where there is none, through the place of the property included in the estate. The substantive law to be applied is a separate question under Article 20 of the same Law; the determination of the competent Turkish court does not mean that Turkish law governs all inheritance matters. The sequence of steps in files with a foreign element is summarized in the article inheritance transfer for foreigners and persons living abroad.

In the decision of the 5th Civil Chamber of the Court of Cassation dated November 25, 2024, E. 2024/5225, K. 2024/9010, the Burdur assets of a decedent whose last place of residence was in Germany, and whose last place of residence in Türkiye could not be established, were taken into account. The Burdur Civil Court of Peace was designated for the delivery of the estate. The outcome rests on the connection of the assets to Türkiye; it does not establish that any city may be chosen. Full text of the decision.

How Are Bank Accounts and Money Movements Investigated?

Finding the Bank Is Different from Establishing the Money

The e-Devlet bank inquiry service for deposit and participation fund accounts held by the deceased, which an heir can access with his or her own identity, may provide a starting point for the investigation. The existence of this service does not mean that all account movements or all financial assets can be seen on one screen. For detailed information, the documentary and representation requirements of the relevant bank, and where necessary correspondence with the court, are important.

Rather than asking the court only to "ask the banks", it is possible to request a specific investigation of accounts and balances as at the date of death, foreign currency and gold accounts, investment products, term deposits, the relevant period records of closed accounts, and whether a safe deposit box relationship existed. The scope of the request should be linked to the information at hand and to the dispute. Where the bank is not yet known, the request for investigation should explain the existing leads.

Money Withdrawn Before or After Death

A withdrawal before death may be the decedent's own expenditure, a genuine payment of a debt, a gift, or an unauthorized transaction. For a transaction after death, the status of the person who carried it out, the scope of authority, the time at which the bank was informed and the purpose for which the money was used are investigated. A single transfer receipt does not answer all these questions.

The documents to be examined include account movements, the recipient of the transfer, the transaction instruction, any power of attorney, the description field and the basis for any alleged expenses. An heir may argue that the money was used for funeral or compulsory estate expenses. Such a defense should be assessed against documents whose dates and amounts agree. A large withdrawal cannot by itself be treated as "conclusive proof of removal of property", but nor is it proper to leave it unexplained.

A protective order may preserve the existing balance; for money already withdrawn, a separate claim for return or for a receivable may be required. Instead of a broad request for indefinite blocking of all personal accounts, the account, amount and danger connected with the estate should be made concrete. In joint accounts, the contract, the power of disposal and the ownership of the money are examined together; the fact that an account is in two names does not in every case mean equal economic ownership.

How Are Land Registry Property, Vehicles, Company Shares and Other Assets Identified?

Current and Historical Records of Immovable Property

In a land registry investigation, the parcel and block of the property, the decedent's share, the dates of acquisition and transfer, the basis of the transaction and any encumbrances are each important. Requesting only the current record may miss a transfer made shortly before death. Where there is concrete suspicion, the request should include examination of the historical chain-of-title records and the underlying official deeds for the relevant period.

The fact that property now appears in the register in the name of a third party does not remove that third party's entry if the inventory records the property as belonging to the decedent. An assertion that an apparent sale was in reality a gift may be treated as simulation by the deceased (muris muvazaası); an assertion that a valid gift impairs the reserved portion may be treated as abatement. Which route is appropriate depends on the nature of the transaction and on the concrete evidence.

Vehicles, Movable Property and Digital Assets

Alongside the registration of a vehicle, it must be investigated who actually has it and what pledges and attachments are recorded against it. For jewelry, works of art, collections or movable property in a business, invoices, photographs, insurance lists, serial numbers and witness statements may help. It must not be assumed that every item found in the home belonged to the decedent; any ownership claim by a spouse or third party should be recorded.

For digital assets, the existence of an economic right and the possibility of access to an account are separate matters. Platform records, wallet addresses and documents obtained lawfully may contribute to the investigation. Rather than logging into the decedent's account by impersonating him or her, official routes should be used with certificates of inheritance and representation documents. It is incorrect to treat a platform account, or all personal correspondence, as economic estate value. For details, the article inheritance of crypto assets may be consulted.

Company Assets and the Decedent's Share

The fact that the decedent was a company partner does not mean that all property registered in the company's name belongs directly to his or her estate. First, the partnership interest, the company's receivables from the partner, unpaid profit shares and personal debt relationships are investigated. The examination must preserve both the separate legal personality of the company and the decedent's personal assets.

The trade registry, share register, company articles of association and financial records are important for this distinction. The value of the share may require an expert examination where necessary. Not all company debts are automatically the heir's personal debt; the type of partnership, personal guarantees and special liability provisions are assessed separately. Where the business needs to continue operating, not only the inventory but also the problems of management and representation must be resolved.

How Are Concealed Assets and Missing Information Assessed?

Suspicion Must Be Turned into Investigable Facts

Instead of a statement that "the other heir is hiding all the property", the request should identify a known account, property, date of transaction, document or a witness with direct knowledge. For example, a message showing that a house has been sold may provide the starting point for investigating the account into which the sale price was paid; the message itself does not establish that the sale was simulated.

Under Article 385 HMK, the principle of investigation on the court's own motion does not mean that the applicant need not present the information at hand. A specific request prevents records being obtained for the wrong person or the wrong period. Requests concerning the private life and financial data of third parties must also be related to the right to be protected and proportionate.

The Duty of Heirs to Provide Information

Article 646 TMK requires heirs who hold estate property or owe a debt to the decedent to provide complete information when the estate is divided. Article 649 TMK also regulates the provision of the information needed so that division can take place with equality and fairness. Where statements are obtained from heirs in a protection investigation, they carry weight together with official records.

The decision of the 14th Civil Chamber of the Court of Cassation, E. 2016/5311, K. 2017/2635, emphasizes that, alongside requests for records from official institutions, the duty to provide information of heirs who hold estate property or owe a debt to the decedent may also be reminded. Where incomplete information emerges, supplementary investigation may be requested. The silence of an earlier inventory does not by itself remove a receivable that is later found.

Hypothetical Example: Tracking a Reduction in an Account

Assume, with all amounts in Turkish lira (TL), that the account balance on the day of death was TL 900,000, that two days later TL 300,000 was transferred to an heir, and that the current balance is TL 600,000. In the inventory, the balance at the date of death and the subsequent movement should be shown together; the TL 300,000 should not be recorded separately as a "receivable whose recovery has been finally established".

If the person making the transfer argues that the money was set off against a debt of the decedent, the existence of the debt and the link to the payment are examined. The legal basis, parties and amount of the claim in any later action are then framed on the basis of that examination. Protection of the remaining TL 600,000 may not need to wait for the examination of the disputed TL 300,000 to be completed; however, a concrete risk must be stated for the measure. This example is not a real case file.

What Protective Measures Can Be Taken for Estate Property?

Inventory, Sealing and Secure Custody

Within the scope of Article 590 TMK, the inventory serves to record which property is where and in what condition. Under Article 591 TMK, necessary property may be sealed; for others, appropriate protection is applied. It is not mandatory for all property to be sealed in every file.

The essential needs of persons who lived with the decedent are also taken into account. Items needed may be left to them by record; the parts of the immovable property needed for their residence are excluded from sealing. In sealing made at a creditor's request, the amount to be secured and the adequacy of the security are important. Protection is thereby not turned into an automatic process that would needlessly leave the persons entitled without a home or vehicles.

Measures Over Bank Accounts and Title Deeds

Preservation of a bank balance, supervised collection of rental income, or prevention of disposal of a specific property may be requested according to concrete need. The application must state the identity of the property, the source of the danger and why a less intrusive measure would not be sufficient. A mere family dispute is not, by itself, a sufficient ground for unlimited measures over all property.

Where an action for annulment of a title deed concerning property registered in a third party's name is pending, interim injunction under Article 389 et seq. HMK is considered separately in that action. Protective measures over the estate must not be applied without examining all the time limits and procedural consequences of an interim injunction sought before a separate action. Legal writing also distinguishes between the special provisions of the TMK, the rules on non-contentious proceedings and the measure rules applied by analogy where necessary. Aydemir, 2025, pp. 221–233.

Is Official Administration the Same as an Estate Representative?

In the cases listed in Article 592 TMK, for example where not all heirs are known or where heirship status cannot be sufficiently established, official administration of the estate may arise. Article 593 TMK regulates the administrator's duties, such as protection, collection, payment and necessary business operations. The administrative decision, the limits of the administrator's authority and the system of accounting to the court must be clear in the file.

The appointment of a representative for the heirs' joint ownership under Article 640 TMK, on the other hand, aims to secure representation of the joint ownership until division. Not every appointment of a representative is an official administration decision, and not every family dispute is a ground for official administration. The existence of an executor of the will may also affect the assessment of authority. If the purpose and basis are not stated clearly, it remains uncertain who may give instructions to banks, tenants or company management.

Time Limits: What Do One Month, Three Months and Two Weeks Mean?

The One-Month Period for Protective Establishment

Article 590 TMK provides for an application within one month from the death. However, for establishment for protective purposes, this period is not interpreted in every case as an obstacle that extinguishes the right.

In the decision of the 14th Civil Chamber of the Court of Cassation dated April 3, 2017, E. 2016/5311, K. 2017/2635, an application made on February 25, 2016 after a death on November 11, 2015 was rejected on grounds of time; the Court of Cassation reversed that decision. The Court separated the application from the official register on which acceptance or disclaimer depends under Article 619 TMK; and explained that protective establishment and inventory may be requested until division, unless they have become useless or impossible. Full text of the decision.

The decision of October 1, 2020, E. 2016/15190, K. 2020/5706, also reversed a rejection based on the absence of conditions, stating that the request should be assessed under Article 589 TMK. These decisions do not directly lead to the property being given to the plaintiff; they review the rejection of an establishment and protection request for having been wrongly characterized. Full text of the decision.

Does an Establishment Application Suspend the Disclaimer Period?

Under Article 606 TMK, the general period for disclaimer of inheritance is three months; its starting point is determined by the type of heir and the heir's state of knowledge. It should not be assumed that all periods are suspended merely because a petition for establishment has been filed. By contrast, Article 607 TMK contains a special provision: where the estate is inventoried as a protective measure, the disclaimer period begins when the civil judge of the peace notifies the heirs that the inventory has been completed.

Accordingly, both extreme generalizations are misleading: it cannot be said that "every establishment application suspends the disclaimer period", nor that "the inventory of the estate has no effect on the disclaimer period". The file must be examined for what was requested, the inventory decision and procedures, the status of any earlier period and the date of notification. Where there are important reasons, extension of the period or the granting of a new period may also be considered under Article 615 TMK.

The Difference Between the Protective Register and the Official Register

The official register under Article 619 TMK and the following provisions attaches special consequences to acceptance and disclaimer of the inheritance, and to liability for debts. The one-month period for a heir entitled to disclaim must not be confused with the period for a protective inventory under Article 590 TMK. The official register has distinct stages, such as calling creditors, recording assets and liabilities, and inviting examination and declarations.

According to the official register, acceptance does not only mean liability with the estate property. Article 628 TMK provides that the heir is also liable with his or her own property for the debts recorded in the register. The consequences of unrecorded claims and their exceptions are set out in Article 629. For this reason, the legal consequence sought is as important as the title of the petition.

Does a Protection Request Count as Acceptance of the Inheritance?

An act aimed at preventing the loss of property is different from taking possession of the inheritance and engaging in conduct that goes beyond ordinary management. Article 610 TMK regulates the effect on the right to disclaim of concealing estate property, appropriating it for oneself and conduct exceeding necessary management. A request for protection alone cannot be subjected to the same legal assessment as using the money for personal expenditure.

If disclaimer is being considered, withdrawals from accounts, sales of property and payments of debts must each be examined separately. Debts learned of during the investigation of the estate should also be assessed without delay. Establishment for protection is not a decision to release oneself from debts, nor a procedure that stops all enforcement proceedings; it must not be confused with the special consequences of the official register under Article 625 TMK.

Petition, Evidence and Litigation Costs

What Information Must an Application Contain?

The petition should state the identity of the decedent, the date of death and the last place of residence; the applicant's status; the known heirs; the existing records; and the areas where information is missing. Where protection is needed, it is not enough to say "it is urgent"; the facts showing a risk of loss or transfer must be stated. If other inheritance files have been opened, the court and file number should be reported.

The heir is not expected to have obtained all the documents by his or her own means. Documents at hand are attached, and for those that cannot be accessed, the institution from which they should be requested and the purpose are explained. If a will has been found, it must not be concealed; the duty to deliver it under Article 595 TMK must be observed. Opening a will and examining its validity or abatement are separate procedures.

How Can the Requested Outcome Be Divided?

The requests that may need to be adapted to the concrete file can be grouped as follows:

• Establishment and inventory of the assets and liabilities known as at the date of death, to be determined by investigation.
• Letters to the named institutions, stating the date range and type of record.
• A protective measure over a specific asset or account, proportionate to the danger.
• Where necessary, an on-site examination, expert review, custody or sealing.
• Transmission of the decisions to the relevant institutions, placement of the result of enforcement in the file, and completion of the investigation in light of the new records.

These are not a ready-made lawsuit petition. Where an official register is requested under Article 619 TMK, that purpose and its consequence must be expressly set out separately. Writing a contested claim for annulment of title or for payment under the heading of a mere establishment does not remove the problem of jurisdiction and procedure.

A Realistic Expectation as to Costs and Time

Under Article 589 TMK, the costs of measures are paid by the applicant, to be recovered later from the estate; for measures taken on the judge's own motion, they are paid by the State. Fees, service costs, expert fees, on-site examination, custody and management costs vary according to the scope of the request. It is not correct to say that a particular sum applies to all files. Attorney fees are assessed separately from court costs.

The time to complete the work also depends on institutional responses, the scope of the records, property located elsewhere and additional examinations. No outcome can be guaranteed within a given number of months. An urgent protection request and the completion of the whole inventory may be considered separately. It is not enough that a decision has been made; it must be monitored that the decision has actually reached and been applied by the bank or the land registry.

Is an Appeal or Cassation Possible Against an Establishment of the Estate Decision?

Earlier Cassation Decisions Must Not Be Confused with Today's Appeal Procedure

In the decision of the 14th Civil Chamber of the Court of Cassation dated September 11, 2017, E. 2015/4378, K. 2017/6016, it was stated that a decision on establishment of the estate and inventory of protective character was not subject to cassation, and the cassation request was rejected. That result does not show that an assessment that no property exists became a final ruling of ownership for all heirs. Full text of the decision.

By contrast, the decision of the 7th Civil Chamber of the Court of Cassation dated November 8, 2021, E. 2021/2799, K. 2021/2802, resolved a dispute between regional courts of appeal and accepted that the route of appeal is open against decisions on protective measures under Article 589 TMK. The basis considered was the character of temporary legal protection and Article 341 HMK. This decision is a resolution of a dispute under Law No. 5235; it should not be presented as a unifying decision of the Grand General Assembly. Full text of the decision.

The Nature of the Decision and the Dates of Knowledge and Service

Article 387 HMK gives persons with a legal interest a two-week period for appeal in respect of non-contentious judgments, counted from knowledge, reserving special provisions. For a concrete protective decision, however, objection, service and appeal must be assessed according to the nature of the decision. For this reason, one should not act merely on the thought "I will wait for service"; the dates of knowledge and implementation must also be recorded.

As regards decisions of the regional court of appeal on non-contentious and temporary protective matters, the cassation restrictions in Article 362(1)(c) and (f) HMK must be observed. Requesting the revision of a decision or additional protection, and making an application to a higher court, are not the same procedure. A request that the judge reconsider the measure when circumstances change does not replace the appeal that must be used within its time limit. Legal writing also contains detailed discussion of the nature of the institution and the procedure to be applied. Aydemir, 2025, pp. 390–406.

What Legal Route Follows Establishment?

Division Among the Heirs or Return of Property

If the investigation has identified the property and the persons entitled to it, an agreed division may be considered. Where there is no agreement, the route of division or dissolution of co-ownership is considered according to the nature of the property and the scope of the claim. Before an action for dissolution of co-ownership, the condition-precedent mediation under Article 18/B of Law No. 6325 must be observed separately. This obligation does not attach automatically to every estate protection application.

Where property is in the hands of a person outside the estate, the legal basis of the return claim is determined. A claim of inheritance-based entitlement, a claim based on ownership, a contractual receivable or another route may arise depending on the facts. The capacity of the plaintiff and defendant, representation and limitation are assessed according to that legal basis. Waiting for the establishment file to conclude is not, by itself, a safe reason to delay a substantive claim whose time limit is approaching.

Simulation by the Deceased, Abatement and Equalization

Simulation by the deceased examines the disagreement between the apparent transaction and the real intention; abatement examines the effect of valid gifts on the reserved portion; and equalization examines how certain gratuitous transfers between heirs are reflected in the division. These are not three names for the same claim.

Establishment of the estate may provide a record for these routes, but it does not automatically prove the existence of a gift, intent to simulate or the violation of the reserved portion. For example, a real sale made to a child can be explained by the price and payment documents. Where a transaction is determined to be a gift, the conditions of abatement or equalization are examined on their own terms. The claim must be built on an applicable legal basis and evidence, not only on a result that appears unfair within the family.

Conclusion

Establishment of the estate can remedy the lack of information in protecting the right of inheritance and prevent the loss of assets. An effective application compares the records at the date of death with the present position; investigates unknown accounts and transfers on the basis of concrete evidence; and requests only the protective measure, limited to the property and the danger.

Establishment, protection, liability for debts and the return of property are separate legal questions. Separating these questions correctly avoids overlooking the disclaimer period under Article 607 TMK and confusing the protective inventory with the official register. While the inventory is being completed, the time limits for any necessary return, division or other inheritance claims should also be monitored at the same time.

For related aspects, the article additional division and recourse after the division of an inheritance may also be consulted.

Frequently Asked Questions

Must All Heirs Apply Together for Establishment of the Estate?

No. One heir may request protection on his or her own, and the other heirs also benefit from the protection obtained. For later procedures requiring the estate's representation or action, such as collection or disposition on behalf of the estate, the conditions of representation and acting jointly are examined separately.

What Should Be Done If It Is Not Known at Which Bank the Decedent Held an Account?

One may begin with the official inquiry services available to heirs and with the existing documents. For detailed account and transaction information, an application to the relevant banks, or an investigation through the court, may be necessary. Finding the bank is not the same as learning all balances and past movements.

Can a House Sold Before Death Be Recovered Through Establishment of the Estate?

No. The records of the transfer may be investigated; however, the establishment decision alone does not cancel the title deed. If the conditions of simulation, abatement or another legal ground are met, a claim corresponding to that ground must be framed separately.

Can Establishment of the Estate Be Requested After One Month Has Passed?

For establishment for protective purposes, a late application is possible within conditions such as the property not becoming useless or impossible to protect, and the state of division. This approach does not automatically apply the time limit for the official register request under Article 619 TMK.

Does Establishment of the Estate Affect the Disclaimer Period?

It must not be assumed that the periods are suspended merely by filing a petition. However, under Article 607 TMK, where the estate is inventoried as a protective measure, the disclaimer period is tied to notification by the judge that the inventory has been completed. The decision in the file, the inventory and the notifications must be examined together.

Is an Heir Not Liable for a Debt That Is Not Recorded in the Register?

An inventory made for protective purposes does not remove unrecorded debts. The consequences of acceptance under the official register of Article 619 TMK and following provisions are different; statutory exceptions and the scope of personal liability are assessed here too.

If Another Heir Has Withdrawn the Money from the Bank, What Can Be Requested?

The balance at the date of death, the records of withdrawals or transfers, and the basis of the transaction may be investigated. For money still held, protection may be requested; for money already withdrawn, a return or receivable claim on the appropriate legal basis may be needed. Not every withdrawal is automatically unlawful.

Will My Share of the Inheritance Be Paid to Me by an Establishment Decision?

An establishment decision alone is not a judgment ordering payment according to a share ratio or delivery of disputed property. The agreement, representation or litigation conditions required for division and collection must be separately fulfilled.

Is an Appeal Route Open Against a Decision on Protection of the Estate?

The decision of the 7th Civil Chamber of the Court of Cassation, E. 2021/2799, K. 2021/2802, accepts that the route of appeal is open. The type of the concrete decision, the possibility of objection and the dates of knowledge or service are assessed separately in calculating the time limit.

How Long Does Establishment of the Estate Take?

There is no fixed period applicable to all files. Institutional responses, the scope of the assets and the need for an expert affect the time taken. Urgent measures may be considered separately before the comprehensive investigation is complete.

Sources and legal bases

Legislation and Official Services

• Law No. 4721, Turkish Civil Code, in particular Arts. 19, 589–595, 599, 606–607, 610, 615, 619–629, 640, 646 and 649. Adopted: November 22, 2001; Official Gazette: December 8, 2001, 24607.
• Law No. 6100, Code of Civil Procedure, in particular Arts. 341, 362, 382–389. Adopted: January 12, 2011; Official Gazette: February 4, 2011, 27836.
• Law No. 5718 on Private International Law and Procedure, Arts. 20 and 43. Adopted: November 27, 2007; Official Gazette: December 12, 2007, 26728.
• Law No. 6325 on Mediation in Civil Disputes, Art. 18/B. Adopted: June 7, 2012; Official Gazette: June 22, 2012, 28331.
• BDDK / e-Devlet, Bank Inquiry for Deposit and Participation Fund Accounts Held in the Name of a Person of Whom You Are an Heir.

Court of Cassation Decisions

• 14th Civil Chamber of the Court of Cassation, January 11, 2016, E. 2015/5643, K. 2016/100: Urgent protection and the place where the property is located; reversal.
• 14th Civil Chamber of the Court of Cassation, April 3, 2017, E. 2016/5311, K. 2017/2635: Protective establishment, official register and the distinction of time limits; reversal.
• 14th Civil Chamber of the Court of Cassation, September 11, 2017, E. 2015/4378, K. 2017/6016: Rejection of the cassation request against a decision of establishment with protective character.
• 14th Civil Chamber of the Court of Cassation, October 1, 2020, E. 2016/15190, K. 2020/5706: Assessment of the request under TMK Art. 589; reversal.
• 7th Civil Chamber of the Court of Cassation, November 8, 2021, E. 2021/2799, K. 2021/2802: Resolution of a dispute between regional courts of appeal; appeal against protective measures.
• 5th Civil Chamber of the Court of Cassation, December 11, 2023, E. 2023/7825, K. 2023/12097: Designation of the court based on the last place of residence.
• 5th Civil Chamber of the Court of Cassation, November 25, 2024, E. 2024/5225, K. 2024/9010: Designation of the court based on residence abroad and assets in Türkiye.

Academic Studies

• Aydemir, Dilek. The Intersection of Temporary Legal Protection Measures and Non-Contentious Proceedings: Establishment and Protection of the Estate (Geçici Hukuki Koruma Önlemleri ile Çekişmesiz Yargının Kesişme Alanı: Terekenin Tespiti ve Koruma Altına Alınması). İnönü Üniversitesi Hukuk Fakültesi Dergisi, 16(1), 2025, pp. 221–233.
• Aydemir, Dilek. Establishment and Protection of the Estate: The Proceedings (Terekenin Tespiti ve Koruma Altına Alınması Yargılaması). İnönü Üniversitesi Hukuk Fakültesi Dergisi, 16(2), 2025, pp. 390–406. DOI: 10.21492/inuhfd.1654928.