Death Record, Presumption of Death and Declaration of Absence

Death Record, Presumption of Death and Removal of a Death Record

Legal personality ends with death; entering a death in the civil registry is the recording of that fact in the official register. A death not being registered, or an incorrect death record existing for a living person, can affect inheritance, marriage, social security and asset transactions.

In this context:

• Registration of a death that took place in Türkiye
• Registration of a death abroad through a diplomatic mission or the population directorate
• Correction of the identity information in the death certificate
• Correction of the date of death or the place of death
• Removal of a death record contrary to the facts by court decision
• Presumption of death procedures where the person’s death must be regarded as certain
• The record of a person whose body has not been found
• The effect of the death record on certificates of inheritance, succession and asset transactions

are assessed. The presumption of death and the declaration of absence are not the same legal institution; the right route is determined according to the conditions in which the disappearance occurred and the time that has passed.

The Declaration of Absence Decision and Its Entry in the Civil Registry Record

A declaration of absence may be requested, if the statutory conditions exist, for a person who disappeared in danger of death or from whom no news has been received for a long time. A declaration of absence has particular consequences for marriage, the passing of the estate, the management of assets and the civil registry record.

In the declaration of absence process:

• The disappearance event and the date of the last news
• The nature of the danger of death
• Search, law enforcement, travel and communication records
• The announcement and waiting process
• The interested persons who may make the request
• Protection and management of the assets
• Inheritance and security obligations
• The legal status of the marriage
• Entry of the decision in the civil registry record

are assessed together. A declaration of absence does not mean that the missing person is deemed divorced automatically; a separate request and decision may be required to end the marriage.

Waiting and announcement periods in a declaration of absence

Under Art. 33 of the Turkish Civil Code (TMK), at least one year must have passed since the danger of death, or at least five years since the last news. The period granted from the court’s first announcement to those who have information is at least six months. These periods are not the definitive end date of the lawsuit. A declaration of absence does not end a marriage automatically; the dissolution of the marriage is assessed separately.