A deceased person's claims may pass to the heirs depending on whether they are strictly personal and on any special regulations. A pending lawsuit or enforcement proceeding, in turn, does not end with death in every case. First the legal nature of the claim, the heirs' acceptance or disclaimer status and who will continue in the file as a party must be determined. [1, 2]
Can a single heir bring a lawsuit for his or her own share?
For a claim of the estate, the joint entitlement of the co-heirship is the starting point. An heir's request for protective measures and a request to collect the estate's claim in proportion to his or her personal share are not the same thing. Whether the participation or consent of all the heirs, or an estate representative, is required is examined. [1]
In the decision of the 11th Civil Chamber of the Court of Cassation dated 20.12.2013, E.2013/9709, K.2013/23385, concerning the allegation that money had been withdrawn without authority from the decedent's bank account, the request to collect the money in proportion to the inheritance shares raised a procedural problem and the judgment was reversed. The decision shows that the correct party and the structure of the claim must be established before the merits of the claim. [4]
How is an enforcement proceeding continued?
İİK Article 53 regulates the effect of the debtor's death on proceedings concerning the estate's debts. The death of the creditor or of the debtor leads to different results. The heir's time limits against the payment order, the position of disclaimer and the proceeding against the estate are assessed separately. It should not be assumed that all enforcement time limits are suspended indefinitely because a notice of death has been given. [5]
If the claim has passed to the heirs, the party and payment details in the file are updated. The authority to collect, the co-heirship and the tax conditions are checked. The presence of money in the file does not mean that each heir can withdraw his or her own share at once.
Evidence and time-limit chart
| Item | Information to record |
|---|---|
| Source of the claim | Contract, promissory note, judgment or record |
| Due date | The date on which payment can be demanded |
| Time limit | Limitation period and special preclusive period |
| File | Court/enforcement number and latest step |
| Security | Pledge, surety or attachment |
| Party | Heir, representative and debtor |
| Collection | Gross amount, interest, expenses and net payment |
The limitation period of a claim does not restart upon death in every case. The period is examined according to whether the claim arises from a contract, a tort or a special statute. The effect of a notice of default, mediation, a lawsuit and enforcement steps on the period is assessed under their own provisions. Merely sending a message to the debtor may not provide sufficient protection of the period. [3]
Foreign heir and foreign judgment
The identity and inheritance documents of a foreign heir are made usable. The security and exemptions under MÖHUK Article 48 are assessed with respect to the foreigner's position in the lawsuit or proceeding. If an exemption exists because of reciprocity or a treaty, it is documented; it cannot be said that the same security automatically applies to every foreigner. [6]
If a foreign court judgment needs to be collected in Türkiye, the conditions for recognition and enforcement (tenfiz) are examined separately. The enforcement in another country of a judgment obtained in Türkiye is likewise governed by the law of that country. A certificate of inheritance does not by itself give a judgment on a claim the capacity to be enforced abroad.
How is a claims inventory prepared?
Unpaid rent, sale price, loans, wages, claims against a company and amounts awarded by judgment are investigated separately. Holding the promissory note is not, by itself, a guarantee of collectability.
For each claim, the debtor, legal basis, principal amount, due date, interest and evidence should be written down separately. The fact that there are both a rent claim and a loan claim against the same debtor does not make them a single contractual relationship. The limitation period, the competent court and the mediation requirements may vary depending on the basis of the claim. A certificate of inheritance shows to whom the claim has passed; it does not by itself prove that the debtor is in fact indebted. [1, 3]
A notebook entry, a bank transfer, correspondence and a promissory note are evaluated together. If the debtor asserts that he or she paid, the date and account of the payment are investigated. The existence of a transfer does not always prove that it was a loan; the description and the relationship matter. Evidence must be preserved lawfully, and missing records must be completed through an institution or the court. The apparent value of a claim and the amount actually collectable may differ.
The difference between a personal right and an estate claim
A claim that arose during the decedent's lifetime belongs to the estate if the conditions for its passing are met. A relative's claim for loss of support or non-pecuniary damages arising in his or her own person because of the death is different. This distinction changes the claimant's standing, the calculation of shares and the effect of a disclaimer of inheritance. Not every compensation connected with a death is distributed in the proportions in the certificate of inheritance. [1, 3]
For the passing of a claim for non-pecuniary damages to the heirs, the requirement in TMK Article 25 that it was asserted by the decedent is examined. The heirs' own claims concerning their personality rights may rest on another cause. The petition should make clear which amount is claimed on behalf of the estate and which for the person himself or herself. Whether different claims can be asserted in the same file is assessed according to the procedural conditions.
First steps in a pending file
Under HMK Article 55, if a party dies and the heirs have not decided on acceptance or disclaimer, the lawsuit is postponed until the statutory periods have passed. Where delay would be harmful, a curator (kayyım) may be appointed upon request to pursue the lawsuit. The death is notified to the court or enforcement file with documents. The current status, the notified decisions, and the hearing and appeal time limits are examined. The postponement under HMK Article 55 does not mean that every file stops indefinitely. Where there is an urgent need to proceed, the curator route provided by law may be considered. [2]
Because the decedent's lawyer knows the file, he or she is not automatically considered the attorney of all the heirs. Within the framework of TBK Article 513 and the procedural provisions, the termination of the power of attorney, the exceptions and the duty of interim protection are examined. New representation and joint entitlement are completed. Acts requiring special authority, such as settlement, waiver and release, are checked separately. [3, 2]
Evidence plan according to the defense
In a defense of “the debt was paid,” the payment record is sought; in a defense of “the claim was assigned,” the assignment document; and in a limitation defense, the due date and the acts affecting the period. The heirs do not in every case obtain a new period because they learned of the claim late. Whether there is a special provision is examined. [3]
In an allegation of asset dissipation, concrete data on a transfer, attachment or inability to pay is submitted instead of abstract concern. The conditions for a precautionary attachment and an interim injunction are different. Appropriate protection is requested after the nature of the claim and the need for security are assessed. Winning the lawsuit does not guarantee that the debtor has collectable assets. [5, 2]
Distributing the collected amount
The principal claim, interest, litigation costs and deductions must be seen separately. The total collection in the file is not always entirely distributable estate money. The basis of the attorney's fee and to whom it belongs are assessed under the contract and statutory provisions. Payment is made according to valid representation and the arrangement for dividing the money.
Hypothetically, if a principal claim of TL 500,000 and interest of TL 100,000 have been collected, it may not be appropriate to send TL 600,000 to a single heir as a personal share. The position of the co-heirship, the expenses and the authority are checked. In the final account there should be a document for every deduction and the amount distributed to each heir. The process that begins with obtaining the decision is completed with actual collection and correct distribution.
Court of Cassation decisions show how the claim should be structured
An estate claim cannot be reduced to a personal share claim
In the decision of the 3rd Civil Chamber of the Court of Cassation dated 11.12.2013, E.2013/19024, K.2013/17752, the collection of a claim asserted on account of a payment made by the decedent was discussed. In addition to the spouse who brought the lawsuit, the position of the other heirs and the character of the claim as belonging to the estate were important. The Chamber did not find it appropriate for a claim belonging to the estate to be adjudged in the form of a personal payment to the claimant; because the requirement of the earlier reversal had not been fulfilled in this respect, it reversed the judgment again. Link to the full text of the decision
The decision does not support the conclusion that “if the other heirs consented, all the money is now the claimant's personal claim.” The authority to pursue the lawsuit and the legal ownership of the money claimed are separate issues. What consequence a consent, a representation or a division document produces should be clarified. On whose behalf the judgment is sought must be shown correctly in the conclusion section of the petition.
The absence of one heir may affect the constitution of the parties
In the decision of the 14th Civil Chamber of the Court of Cassation dated 27.03.2017, E.2015/9820, K.2017/2345, death and the participation of the heirs were addressed in a proceeding to terminate co-ownership based on a creditor's authority under İİK Article 121. The Chamber stated that the parties must be constituted by obtaining the consent of the other heirs or by appointing a representative for the estate, and reversed the judgment because of this deficiency. Link to the full text of the decision
This decision does not directly settle the merits of every money claim. Its practical importance is making the heirs and the representation relationship visible in the file. A step begun with one person's power of attorney may not be concluded without establishing the procedural arrangement required for the other rightholders. The result of a reversal in decisions should not be confused with the definitive rejection of the claim or with the claimant being finally found right.
A point not examined in the bank account decision
In the decision E.2013/9709, K.2013/23385 of the 11th Civil Chamber of the Court of Cassation mentioned above, the reversal rests on the problem of requesting an undivided estate claim in proportion to the inheritance shares. The other objections on appeal concerning the bank's liability were not examined at this stage. It is therefore not correct to present this decision as “the bank pays the withdrawn money to the heirs in every case.” Link to the official decision
How is a limitation chart prepared?
TBK Article 146 generally provides for a ten-year limitation period; Article 147 provides a five-year period for certain claims such as rent. Claims based on a tort, an employment claim, a negotiable instrument or a special statute may be subject to different provisions. A single rule such as “the period for an inheritance claim is ten years” therefore cannot be stated. As to the start of the period, the principle of maturity in TBK Article 149 and the relevant special provision are examined. TBK
The heir's late discovery of a claim does not create a new starting date for all claims. For example, a loan claim that fell due years ago and another claim that fell due after the death cannot be entered in the same chart with the same date. If a lawsuit was filed earlier, an enforcement proceeding was started, the debt was acknowledged or a partial payment was made, the effect of these on the period is assessed with their documents.
The grounds of interruption in TBK Article 154 and the effect of a mediation application on the period must be distinguished from one another. Not every notice of default or e-mail interrupts the limitation period. The calculation of the period cannot be left to the thought “we informed the debtor.” The suspending effect or non-running effect under the applicable mediation provision should also be recorded with documents showing its start and end. Law No. 6325
| Question | Answer to look for in the file |
|---|---|
| From which relationship did the debt arise? | Contract, tort, promissory note, judgment or special statute |
| When could it be demanded? | Due date and, if any, the notice condition |
| Which period applies? | General or special provision |
| Is there an act affecting the period? | Acknowledgment, partial payment, lawsuit, enforcement, mediation record |
| What is the last safe date to act? | The date calculated for the specific file and the step to be taken |
How are the competent court and mediation determined?
That a claim belongs to the estate does not mean that every dispute will be heard in the civil court of peace. A certificate of inheritance or estate representative matter is different from a claim lawsuit against the debtor. A claim arising from a lease, an employment claim, a consumer transaction, a commercial claim or a general contract dispute is assessed under its own jurisdiction rules. The court must not be chosen before the legal cause of the lawsuit is determined.
For the same reason, it cannot be said that mandatory mediation exists or does not exist in every file. The area of law to which the claim belongs, whether it is a money claim and any special regulation are examined. A death in a pending file is not the same act as the filing of a new lawsuit. The steps that may be needed for joining the file and for a lawsuit to be filed anew should be planned separately. The competent court and enforcement office are also determined by the debtor, the contract and the nature of the claim. HMK
The creditor's death and the debtor's death in an enforcement file
The three-day postponement due to death in İİK Article 53 and the waiting arrangement concerning acceptance or disclaimer of the inheritance relate, as regards the estate's debts, to the death of the debtor. It should not be said that, upon the creditor's death, all proceedings automatically stop in the same way under this provision. On the creditor's side, heirship, representation and authority to collect are completed, and the step appropriate to the nature of the file is taken. İİK
A notice to the debtor reduces uncertainty about the person and account to which payment is to be made. However, a notice does not by itself resolve a disputed representation issue. If there is money at the enforcement office's cashier, the entitlement in the file, attachments, deductions and tax conditions are examined. Where there is an attachment or ranking dispute, the receipt of money from the debtor does not mean that the whole amount can be distributed immediately.
How is the result documented in a proceeding pursued from abroad?
For an heir abroad, the numbers, stage and latest notifications of the existing lawsuit and enforcement files are determined first. The usability of the identity, death and inheritance documents, and the scope of the power of attorney for lawsuits, enforcement and collection, are checked. The special authorities required for acts such as settlement, waiver and release are assessed separately. Legalization and translation steps are planned according to the country where the documents were issued.
At the end of the collection, the principal claim, interest, litigation costs, enforcement deductions and fees are shown on separate lines. Hypothetically, if TL 600,000 has been collected and documented, and the expenses that can be covered from the distribution are TL 30,000, the net amount may be TL 570,000. That this will be shared equally between two heirs can be said only if the shares and the valid arrangement for dividing the money so provide. The numerical example is not a deduction or share rate applicable to every file.
The final report should include payment receipts, closed and continuing files, items not yet collected and matters in which the time limit must be protected. A standard closing document should not be signed without the entitlement and authority checks required for the complete release of the debtor. In this way, the outcome of the lawsuit, the actual collection and the distribution among the heirs are separated so that each can be traced.
Conclusion
With an inherited claim, the right goal is more than adding names to the file. The passing of the claim, the constitution of the parties, the time limit and the authority to collect must be established together; and after the decision or the proceeding, the actual payment and distribution must be monitored.
Related articles: Co-Heirship and Estate Disputes: Management, Division of the Inheritance and Court Remedies; How Is a Debt Collected in Türkiye? A Guide to Enforcement Proceedings and Debt Claims; How Foreign Court Money Judgments Are Enforced in Türkiye: A Guide to Tenfiz and Collection; Transfer of an Inheritance Share: Transfers Between Siblings, Sale to a Third Party and Validity of the Contract
Frequently Asked Questions
Does death end all lawsuits?
No. Depending on the nature of the right, the lawsuit continues with the heirs or another result follows.
Is the limitation period reset by death?
Not in every case; the source of the claim and the special provisions are examined.
Can an heir claim every receivable for his or her own share?
The co-heirship and whether the claim is personal or belongs to the estate are decisive.
Does a relative's compensation for a death belong to the estate?
The right arising in the relative's own person and the inheritance of the decedent's claim must be distinguished.
Must a claim lawsuit always be filed in the civil court of peace?
No. An estate representative or certificate of inheritance matter is different from a claim lawsuit against the debtor. Jurisdiction is determined by the nature of the lease, employment, consumer, commercial or other legal relationship.
Does sending a notice of default to the debtor always interrupt the limitation period?
No. The effect of a notice is separate from the grounds of interruption in TBK Article 154. The due date, acknowledgment, lawsuit, enforcement and other applicable acts must be assessed together.
Does the former lawyer become the attorney of all the heirs?
The earlier power of attorney does not automatically produce this result. The effect of death on the mandate, the exceptions, the duties of interim protection and the heirs' new arrangement of representation are examined.
Can the money in an enforcement file be divided immediately?
The authority to collect, the co-heirship, attachments, deductions and tax conditions are checked. The amount at the cashier does not by itself show that each heir can immediately be paid in proportion to his or her personal share.
Sources
[1] Turkish Civil Code No. 4721 (Türk Medeni Kanunu)
[2] Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu)
[3] Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu)
[5] Law No. 2004 on Enforcement and Bankruptcy (İcra ve İflas Kanunu)
[7] Link to the full text of the decision