A failure to hear from a person does not, on its own, mean that their property can be distributed to the heirs at once. Where death can be regarded as certain, a presumption of death applies. Where death is highly probable but not certain, the court assesses a declaration of absence. In a declaration of absence, the application periods, the public notice, the protection of the estate and the delivery of assets against security are separate stages. If the missing person later reappears, the assets that were delivered may have to be returned.
Two different situations must be separated from the outset: the missing person being the testator and the missing person being an heir in someone else's estate are not the same procedure. In the first, the missing person's estate is opened. In the second, the protection of the share that falls to the missing person and who will receive it are discussed. [Turkish Civil Code (TMK), Arts. 31–35, 584–588; Source 1]
Presumption of death and declaration of absence: the difference
A presumption of death applies where a person has disappeared in circumstances in which death must be regarded as certain. The absence of a body is not an obstacle on its own, but the nature of the event must require that death be treated as certain. In a declaration of absence, by contrast, the person disappeared in a situation of mortal danger or has not been heard from for a long time, and there is a strong probability that they are dead. Not every missing-person file automatically becomes a presumption of death or a declaration of absence.
| Situation | Basic fact required | Consequence for inheritance |
|---|---|---|
| Documented death | Proof of the death by legal documents or, where necessary, by evidence | Inheritance opens on the date of death |
| Presumption of death | Disappearance in an event in which death must be regarded as certain | The person is treated as dead; civil registry and related records are completed |
| Declaration of absence | Mortal danger, or no news for a long time, and a strong probability of death | Court decision, retroactive effect and a special security-and-return regime |
| Only the whereabouts unknown | Information that the person is alive, but their address is not known | Does not by itself lead to the opening of the inheritance; representation and protection routes are assessed |
In events such as disasters, shipwrecks or dangerous journeys, the same result cannot be reached for everyone. Whether the person was actually at the place in question, information from survivors, search records and the technical features of the event are examined. Saying on social media that “they must no longer be alive” is not a legal proof. A disputed date of death, or a discrepancy in the civil registry record, which is entered administratively, is also distinguished from a question that must be resolved in court. [Turkish Civil Code (TMK), Arts. 29–31, 44; Source 1]
When can an application for a declaration of absence be made?
At least one year must have passed since the mortal danger, or at least five years since the last news. Expiry of these periods only satisfies the time requirement for the application. The strong probability of death, the right of the applicant to apply and the notice procedure are still examined. Having no contact for five years is not the same thing if it is known that the person lived somewhere else.
The court calls on those who have information about the person by public notice. The notice period is at least six months from the first notice. These six months do not replace the one- or five-year application period; they are a separate investigation period within the proceedings. If the person reappears, is heard from, or their date of death is established, the declaration of absence application ends accordingly. [Turkish Civil Code (TMK), Arts. 33–34; Source 1]
Hypothetical example: If a person disappeared in a concrete situation of mortal danger on January 10, 2025, the earliest date for an application based on that cause would be January 10, 2026. Filing the application on that day does not mean a decision and the delivery of assets on the same day. The investigation, the notice, the decision, appeals and the security stages all proceed separately. The example shows only the logic of the dates; that the event counts as a mortal danger must still be proven.
Who may apply, and which court is competent and has jurisdiction?
Those whose rights depend on the death of the missing person may apply. Heirs and, depending on the circumstances, other persons with rights must explain their legal interest. Being a family friend or wishing to buy the person's property is not enough. A declaration of absence is, as a rule, handled as non-contentious jurisdiction by the civil court of peace (sulh hukuk mahkemesi). [Code of Civil Procedure (HMK), Arts. 382–383; Source 2]
Territorial jurisdiction is graduated under TMK Art. 32: the person's last residence in Türkiye; if they never settled in Türkiye, the place where they were registered as a resident; and if no such registration exists, the place where their mother or father was registered. The information that the person “was last seen here” does not in every case determine the court's jurisdiction.
The application petition must show the date of the disappearance or of the last news, the circumstances, the searches and investigations carried out, the applicant's rights and the known assets. Population records, police and search-and-rescue documents, travel or border records, hospital information, lawful communication records and witness statements are assessed according to the concrete case. The source of the information must be distinguished from testimony based only on hearsay.
If the person disappeared abroad, or there is a foreign declaration of absence, the nationality, the applicable law and the effect of the decision in Türkiye are examined separately. A foreign decision being translated does not mean that it automatically produces effects in Türkiye for every asset and transaction. This article mainly explains the internal Turkish process.
How are assets protected until a decision is made?
The missing person's property may be a real estate, a company share, a bank account or a business leased out. While a declaration of absence decision is awaited, leaving these assets without management can cause loss. For the management of the property, a management trustee (kayyım), concrete protective measures or the relevant routes of legal representation are assessed. Where the inheritance has been opened, TMK Art. 589 and the following provisions on the protection of the estate also come into question. [Turkish Civil Code (TMK), Arts. 427, 589; Source 1]
Rental income should be tracked in a separate account; collections, maintenance costs, taxes and payments should be documented. Being a close relative does not give the right to withdraw money freely from a bank or to sell a property. The scope and continuation of any power of attorney the missing person gave in advance are also examined. The expectation of a declaration of absence does not remove all representation problems.
Protecting an asset and dividing it are not the same thing. For example, a sale or urgent maintenance may be needed to preserve goods that would spoil. This must be done within the decision of the competent authority and within an order of accounting. The actual use of an income-generating property by the family does not show that the missing person's share has passed to the user.
From which date does a declaration of absence take effect?
The decision takes effect from the day on which the mortal danger occurred or the last news was received. This retroactive effect can change who is an heir and can alter the chain of inheritance where persons who died later are concerned. The date taken as the basis is not always the date on which the decision was made. [Turkish Civil Code (TMK), Art. 35; Source 1]
Hypothetical example: Suppose the last news was received in 2020 and the declaration of absence decision was made in 2026. If a relative of the missing person died in 2023, the date taken as the basis in the declaration of absence is compared with the relative's date of death. It may not be correct to allocate a share directly on the assumption that the missing person was alive in 2023. Because each inheritance is opened separately, the population records and certificates of heirship are assessed as a chain.
Where it cannot be proven which of several persons who died in the same event died first, a common presumption of death may also affect the inheritance relationship. The condition of being alive in order to inherit from one another must not be confused with the effect of a later declaration of absence. The estate account and the shares must be reconstructed according to the date taken as the legal basis.
A declaration of absence does not automatically end a marriage. A spouse may request dissolution of the marriage under TMK Art. 131, either together with the application for a declaration of absence or by a separate action. This procedure and the safeguards for delivering the absent person's estate are separate. [Source 1]
Against what security is an estate delivered?
Before taking the assets, the heirs of the absent person, or those with a share in the inheritance, must make the return conditional on security, in case the absent person or a superior right holder appears. The type and adequacy of the security are assessed in the file. An abstract family promise that does not cover the value of the property and the possibility of return cannot be regarded as sufficient in every case.
| Cause of declaration of absence | Security period | Start of the period |
|---|---|---|
| Disappearance in mortal danger | Five years | Delivery of the estate assets |
| Long period without news | Fifteen years | Date of the last news |
| Upper limit in both cases | Until the time when the absent person would reach one hundred years of age | Calculated on the basis of the person's date of birth |
These periods differ from the one- and five-year periods required for the application for a declaration of absence. In particular, the idea that the fifteen-year period starts from delivery in the case of a long period without news is wrong. Keeping accurate records determines when and under what conditions the guarantee may be released. [Turkish Civil Code (TMK), Art. 584; Source 1]
Academic commentary on declarations of absence also treats the effects on inheritance law and the provisions on security and return together. The end of the security and the scope of the duty to return are not identical; this distinction prevents the mistaken expectation that a delivered asset is acquired definitively and without any contingency. [Source 4]
When the missing person is an heir and not the testator
If it cannot be proven whether one of the heirs of another person who has died is alive, that heir's share is formally administered. The other heirs may not divide this share among themselves merely because they cannot reach the missing heir. If the missing heir was not alive at the moment the inheritance opened, the persons who would receive the share may apply for and request a decision and delivery by following the declaration-of-absence period and procedure. The security regime applies to delivery. [Turkish Civil Code (TMK), Art. 586; Source 1]
If it is known that the missing person is alive but their address cannot be found, different representation and notification routes are required. On the other hand, if the death and the date of death have been documented, the process proceeds not through a declaration of absence but through the actual death and the chain of heirship. These three possibilities should not be combined under the heading of an “unreachable heir”.
Where a declaration of absence has already been made, the mutual-benefit rule of TMK Art. 587 is assessed for the absent person's own estate and for the inheritance share that later falls to them. Within the conditions set by law, a new declaration of absence for each asset of the same person may not be required. Nevertheless, the date of opening of the new inheritance and the entitlement to it are documented separately.
When can the Treasury request a declaration of absence and the transfer of the property itself?
If the assets or inheritance share of a person whose survival is not known have been officially administered for ten years, or the period in which the owner of the officially administered property would reach one hundred years of age has passed, the Treasury may request a declaration of absence under a special provision. The absence of a claimant during the notice period and the statutory conditions are important. Ten years without any transaction on the title deed, or a property standing empty, is not the same as official administration. [Turkish Civil Code (TMK), Art. 588; Source 1]
In a decision of the Court of Cassation 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi) dated February 2, 2026, E.2025/2879, K.2026/471, a claim made by the Treasury was examined. The file did not contain the conditions for official administration, and the outcome of rejection was upheld, taking into account the death records in the registers. The decision shows that, in the Treasury's claim, the statutory administration and declaration-of-absence conditions must be investigated concretely; an old land-registry record alone is not enough for the transfer to the State. [Source 3]
The State, too, is under the duty to return provided by law if the absent person or a superior right holder appears. A transfer to the Treasury does not mean that rights which later come to light end in every case. For estates with unknown heirs, see also the article on heirs unknown and the inheritance passing to the State for the State's status as heir.
What happens if the absent person or a superior right holder appears?
Those who have taken estate assets are under a duty to return them under the rules on possession to the absent person or to the persons who prove their superior right. Whether the asset is still in hand, has been sold, the collection of its income, the expenses incurred, and whether the person who took delivery acted in good or bad faith all matter in determining the outcome. Correction of the land-registry record, return of the asset or monetary claims are established according to the concrete situation. [Turkish Civil Code (TMK), Arts. 585, 993–995; Source 1]
For return by good-faith persons to superior right holders, the limitation period for vindication claims arising from inheritance applies. TMK Art. 639 provides for one year counted from learning of the claim and ten years counted from the statutory starting points; for persons acting in bad faith, twenty years applies. However, it is not correct to add the return of the absent person in person and the claim of another superior heir to the same period calculation; the distinction in TMK Art. 585 and the legal nature of the claim must be taken into account.
Expiry of the security period does not mean that “the person may come back but cannot claim anything”. It is therefore important that those who took delivery keep their records and document sales and income in a traceable way. In transfers to third parties, reliance on the register, good faith and the possibility of return are also examined; it cannot be guaranteed that every asset will in every case be recovered in kind.
Expenses and follow-up in the application file
Application fees, notices, service, investigations and, where applicable, expert costs and the cost of security vary according to the file. The expense of the declaration-of-absence application is different from the expense of a land-registry or return action that is brought later. The date of the notice, the date of the last news, the learning of the decision and its finality, the delivery of the asset and the maturity of the security should be kept in a separate chronology.
For appeals against non-contentious decisions by persons with a legal interest, the remedy is assessed, unless a special provision applies, on the basis of the two-week period for appeal under HMK Art. 387 running from learning of the decision. Service, learning and finality are not the same concept. Where there is an administrative act concerning the death record or other contentious proceedings, the procedure for those is examined separately. [Source 2]
Conclusion
In the property of a missing person, the first question is which evidence separates the certainty of death from a strong probability. In a declaration of absence, the one- and five-year application periods, the notice of at least six months and the five-to-fifteen-year security regime must be kept apart. Assets must be protected, and delivery and income must be recorded; the possibility that the person returns or that a superior heir appears must be taken into account in the distribution plan.
For the relevant aspects of the subject, you may also consult our articles on certificate of inheritance (veraset ilamı), effect of kinship actions on inheritance and appointment of an estate representative, as well as our inheritance law and inheritance actions page.
Frequently Asked Questions
Can the property of a person not heard from for five years be shared directly?
No. Declaration-of-absence conditions, a court investigation and a public notice are required. The security conditions for delivery are assessed separately.
If no body is found, is a declaration of absence always required?
No. Where there are conditions under which death must be regarded as certain, a presumption of death may come into question. The event and the way the death record is created are determined by concrete evidence.
If one year has passed since mortal danger, is the decision issued immediately?
One year is the minimum period for an application. The notice of at least six months and the other stages of the proceedings take place separately.
Which court is competent for a declaration of absence?
As a rule, the civil court of peace is competent. Territorial jurisdiction is determined by the order of the last residence and the population record in TMK Art. 32.
On which date does a declaration of absence affect the inheritance?
It takes effect from the day on which the mortal danger occurred or the last news was received. This date is important for determining the heirs and the shares.
When does the fifteen-year security period begin?
In the case of a long period without news, it begins from the date of the last news. The five-year period based on mortal danger is calculated from the delivery of the estate assets.
Can the other heirs take the share of a missing heir?
They cannot do so merely because the heir cannot be reached. Where it cannot be proven whether the heir is alive, the share is formally administered; for delivery, the statutory declaration-of-absence and security conditions are examined.
Does a property left unused for ten years pass to the Treasury?
Non-use alone is not sufficient. TMK Art. 588 sets out the conditions of official administration, the period, the declaration of absence and the notice.
If the absent person returns after the security has ended, can they claim the property?
The end of the security does not by itself remove the right to return. The claim is assessed under the rules on possession, good faith and the relevant time limits.
Does a declaration of absence also end the marriage automatically?
No. The dissolution route under TMK Art. 131 is assessed separately for the end of the marriage. A declaration of absence and the dissolution of a marriage are not the same procedure.
Sources and legal bases
- Law No. 4721 Turkish Civil Code, Arts. 29–35, 44, 131, 427, 584–589, 639, 993–995. Accessed October 13, 2026.
- Law No. 6100 Code of Civil Procedure, Arts. 382–383, 387. Accessed October 13, 2026.
- Court of Cassation 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), February 2, 2026, E.2025/2879, K.2026/471; full text of the decision. Examined with regard to TMK Art. 588 and the conditions of official administration.
- Kemale Leyla Aslan Bingöl, “Gaipliğin Miras Hukuku Bakımından Değerlendirilmesi” (Assessment of Declaration of Absence in Inheritance Law), Türkiye Adalet Akademisi Dergisi (Journal of the Turkish Justice Academy), 2021, no. 48, 313–334, DOI: 10.54049/taad.1009244.