Unknown Heirs and the Transfer of the Estate to the State: Public Notice, Estate Administration and a Later-Appearing Heir

Short answer: That the heirs of a person are unknown is not the same as proving that no heirs exist. The civil judge (sulh hâkimi) carries out the necessary inquiry and, under TMK Article 594, calls upon persons with rights to notify their heirship status by two public notices published one month apart, within one year at the latest counted from the last notice. If no one applies and the judge cannot identify any heir, the estate passes to the State, without prejudice to the right of an heir who appears later to bring an action for recovery based on inheritance rights. Meanwhile the estate must be protected and, where necessary, officially administered. 1

Old land registry entries that show only a name and a father's name, a long absence of contact with the family, or years without any transfer in the land registry, do not show that the property is ownerless. Similarly, a person who lives in a house and describes himself or herself as an heir is not, by that fact alone, proof of heirship. This article explains how the inquiry should be carried out, when the State becomes an heir, and the ways in which a late-discovered inheritance right can be protected.

How are absence of heirs, unknown heirs and an untraceable address distinguished?

Absence of heirs means that there is no superior statutory or appointed heir for the relevant part of the estate. Unknown heirs means that it has not yet been clarified whether there is a rights holder, or who that person is. Where the identity of a specific heir is known and only his or her address cannot be found, the matter is essentially one of service, representation and, where necessary, protective measures. An untraceable address does not, by itself, allow that person's share to be left to the Treasury. 1

There is also the situation in which it is not known whether the person is alive. Here it is not possible to proceed directly to a search for heirs by assuming that the death has occurred. Proof of death, the presumption of death or the provisions on declaration of absence (gaiplik) are assessed according to the concrete case. The death of the testator and whether the heir was alive when the inheritance opened are different questions of proof. TMK Articles 29–30 are the starting point of this distinction. 1

A case brought without a correct distinction may lead to the wrong court being seised or the wrong legal result being sought. The first question is not "How is it transferred to the Treasury?" but what fact about the person's death and the possible rights holders is not yet known.

In what circumstances does the State become a statutory heir?

TMK Article 501 regulates the transfer of the estate of a person who dies without leaving any heir to the State. In this case the State is the statutory heir that comes into play where there is no other heir. The matter is not the appropriation of apparently empty property by anyone. The order of the statutory classes of heirs, namely the descendants, the parents' class, the grandparents' class and the surviving spouse, and their joint heirship, are examined under the rules set out in the law. 1

The fact that a person has no children does not mean that the person is necessarily without heirs. A spouse, parents, siblings, nephews or nieces, or other persons with rights within the statutory classes may exist. The heirship of an adopted person, a declaration or a determination of descent, the legal capacity of an unborn child in relation to inheritance and the requirement of being alive when the inheritance opens are also assessed where relevant. Since not every distant relationship gives rise to heirship, the family tree must be matched against the statutory class system. 1

A statutory heir appointed by a valid will or inheritance contract must also be sought. Where a valid appointment of an heir has been made for the whole estate, the estate cannot be left to the State merely because there are no blood relatives. Where only specific property is left, the bequest is not always an appointment of an heir; the State's statutory heirship and the performance of a bequest debt may arise in the same estate. The State is not a forced heir. 1

If all heirs disclaim the inheritance, does it necessarily pass to the State?

No. Where all of the nearest statutory heirs disclaim, under TMK Article 612 the inheritance is liquidated by the civil court of peace in accordance with the provisions on bankruptcy; at the end of the liquidation, any remaining value is given to the persons with rights, as if the heirs had not disclaimed. In other cases of disclaimer, the transfer of the share and the position of any subsequent heirs are determined under the relevant provisions of the law. The general result "if there is a disclaimer, the State becomes heir" is incorrect. 1 Where the estate is subject to official liquidation because all the heirs have disclaimed, see the article on official liquidation of an estate.

Disinheritance, removal or waiver that prevents a person from receiving a share does not show that the entire family's heirship has ended. The position of descendants or other heirs must be examined under the rules of the institution concerned. For this reason, a conclusion that the State is heir cannot be drawn from the exclusion of only one person from the file. 1

How are heirs investigated, and which records are requested?

The inquiry begins with the correct identification of the testator. Full civil registry records, previous names and surnames, birth and death information, marriages, adoptions and decisions concerning descent are assessed. In historical records, a nickname, a father's name and place of residence may be important. Two persons with the same name must not be confused. 1 4 5

For real estate, the current land registry entry alone may not be sufficient. Historical registers in circulation, the cadastral survey record, the basis of acquisition, earlier parcel information, the title deed on which the entry rests and tax records must be examined. An entry in the form "heirs of ..." may show that their names could not immediately be found; it does not automatically establish that there were no heirs at all. Earlier certificates of inheritance, the files for opening wills and related civil registry correction actions must also be linked to the inquiry. 4 5

Where an heir died after the testator, two separate deaths and transfers of the inheritance arise. The fact that the first heir is no longer alive does not remove the share he or she acquired on the date of the first death. The passing of that share to his or her heirs must also be documented. In some files more than one certificate of inheritance, linked to one another, is required instead of a single certificate of inheritance; this is the reason. 1 The manner of obtaining a certificate of inheritance is discussed in the article on the certificate of inheritance.

What does the court's ex officio investigation mean?

Issuing a certificate of inheritance is a non-contentious matter, and as a rule the principle of ex officio investigation applies. The judge is not obliged to limit the evidence to what the applicant submits. However, the person claiming a right must describe the family relationships he or she knows of and the records he or she can access. The court's duty of investigation does not mean that every claim is accepted where the identity or chain of heirship is not explained. 1 2

In its decision of February 9, 2021, E. 2017/2681, K. 2021/703, the 14th Civil Chamber of the Court of Cassation found that a decision in favour of the Treasury, which recognized heirship, was based on an incomplete examination. Current and historical land registry entries, the cadastral basis, a population inquiry and, where necessary, local witnesses, and the relationship of the person using the property to the testator must be investigated. The Chamber also treated as a deficiency the fact that the file did not show where and when the public notices had been made, and quashed the judgment. 4

In its decision of December 14, 2023, E. 2023/4766, K. 2023/6256, the 7th Civil Chamber of the Court of Cassation quashed the rejection of the Treasury's claim. The fact that someone uses the property did not prove that user's heirship relationship with the registered owner. The decision states that a conclusion of "there is an heir" cannot be reached before the records and witness inquiries requested by the earlier quashing have been completed. Read together, the two decisions show that the inquiry cannot be concluded by assumption either in favour of the Treasury or in favour of persons claiming to be heirs. 5

How is the public notice made under TMK Article 594, and when does the one-year period start?

Where it is not known whether there are heirs, or where the identity of all of the heirs is not known, the civil judge makes two public notices, one month apart, by appropriate means. Persons with rights are called to notify their heirship status within one year at the latest, counted from the last notice. This one-year arrangement should not be calculated as one year after the first notice or the date of death. The date of the start must be traceable in the notice text and in the file. 1

A notice that has merely been prepared is not sufficient. It must be documented where it was published, on what date it was made, and how the one-month interval and the period for applications were applied. A notice that gives the distinguishing information about the testator, together with the court and file information to which applications should be made, serves the purpose of reaching the persons with rights. Incomplete population and land registry research cannot be treated as completed merely because a notice has been given. 1 4

By way of example, assume the first notice was made on January 10, 2026 and the second on February 10, 2026. For the one-year call, the date that counts is the date of the second notice. However, in the concrete file, the court's summons, the procedural rules on the calculation of periods and the effect of holidays must be checked separately. This example is not a promise that the case will certainly end within one year.

When the notice period expires, is the transfer automatic and final?

TMK Article 594(2) requires two facts together: that no application was made within the notice period, and that the judge was unable to identify any heir. If, in the file, a rights holder has been identified, it is not correct to disregard that person merely because he or she did not respond to the notice. The judge assesses the outcome of the inquiry and the notice process. 1

The provision also expressly preserves the right to bring an action for recovery based on inheritance rights. Consequently, missing the notice period is not a general loss of rights that removes all later claims. On the other hand, the idea that "I can always apply later" is also not safe: the return of the property, the correction of the land registry entry and claims for other receivables are subject to the rules specific to the type of action. 1 6 For a claim concerning the property itself, the article on the action for recovery based on inheritance rights may also be read.

How is the estate protected and managed while the inquiry and notice are in progress?

Under TMK Article 589, the civil judge of the testator's place of residence takes the necessary measures for the protection of estate assets and for their passing to the rights holders. The listing of movable and immovable property and rights, sealing, appropriate protective measures and official administration are among these measures. The absence of heirs does not mean that a house, money, a business or rental income must be left without supervision. 1

Under TMK Article 592, official administration is ordered where there is doubt as to the existence of heirs, where persons claiming heirship status cannot sufficiently prove it, or where not all heirs are known. Where a known heir has been unreachable for a long time and has left no representative, it is assessed whether the management of his or her interests requires administration. Where a person authorized to carry out a will holds authority over the whole estate, and there is no significant obstacle, the administration is given to that person. 1

What can an estate administrator do?

The administrator must act with the care of a good administrator until the reason for official administration ends or the estate is divided. TMK Article 593 regulates duties such as listing the estate, protective measures, the collection of receivables, the payment of debts, the sale of assets on appropriate terms and the assessment of the position of any business. The administrator's task is not to take assets for personal use or to distribute, according to his or her own preference, the shares of heirs who have not yet been identified. 1 Disputes between co-heirs over partnership and division are addressed in the article on estate partnership and estate disputes.

For example, the rental income from an apartment should be recorded, maintenance and necessary expenses should be documented, and bank movements should be kept traceable. If there is a business, the benefit of continuing the activity and the need for liquidation are assessed. The power of the administrator to conduct the actions and proceedings within the scope of the office rests on the law and the appointment decision. The provisions on guardianship apply to the extent they are appropriate to the nature of the matter. 1

Official administration of this kind is not the same institution as the appointment of a representative for the joint estate, the establishment of the estate for protective purposes, or the official liquidation that aims to release the estate from debts. Because the purpose and the legal effect differ, the request must clearly state which step is sought. For a detailed protective file, the articles on establishment of the estate and estate representative may be read together. 1

What are the official estate inventory and the debt liability in the State's inheritance?

Under TMK Article 631, where the estate passes to the State, the civil court of peace prepares the official estate inventory (terekenin resmî defteri) of its own motion. The State is not expected to make a request as an heir would. The inventory is not limited to a list of the items in the house; within the relevant procedure it also establishes the receivables and debts of the estate. 1

The State is liable for the debts entered in the inventory only to the extent of the values it has acquired by inheritance. The fact that the deceased's debts have passed to the Treasury does not create an unlimited right to collect from public resources. Likewise, the State's heirship does not mean that estate debts have disappeared. A creditor must document the basis, amount and any security of the claim, and must follow the calls made in the inventory file. 1

As for debts not entered in the inventory, the provisions of TMK Article 629, the reason for not having made a notification, and the nature of the security right are considered. A categorical statement such as "no claim not entered in the inventory can be pursued in any circumstances" should not be made. The existence of an official inventory and official liquidation are different transactions; the presence of Article 631 does not mean that, in every file, the same liquidation procedure will automatically apply. 1 For the preparation of an official inventory, see the article on preparation of the official estate inventory.

Can the State disclaim the inheritance?

Opinions in legal scholarship differ on this question. İpek Sağlam, relying on the absence of any exception for the State in the general disclaimer provision for statutory heirs, defends the possibility of disclaimer. Counter-views emphasize the State's function as last heir and its limited liability. The study also discusses separately the practical consequence of disclaimer with its limited debt liability. This disagreement cannot be converted into a practice rule that "the State always disclaims when it sees a debt." 7 For the general time limits and the procedure for application, the article on disclaimer of inheritance may also be read.

In a concrete file, the priority of the creditor or of the person claiming to be heir is to identify the scope of the official inventory, the debt entry, the decision on administration or liquidation, and the assets the State has acquired. The debate in scholarship cannot replace the clear rule of limited liability in the law. 1 7 A creditor who wishes to challenge a disclaimer in court may consult the article on annulment of a disclaimer of inheritance.

When does the ten-year official administration and the hundred-year condition apply?

Under TMK Article 588, where the property or the share of an inheritance belonging to a person whose survival is unknown has been officially administered for ten years, or the period in which that person would reach the age of one hundred has passed, a declaration of absence is issued at the request of the Treasury. If no rights holder appears during the notice process required for the declaration of absence, the estate passes to the State unless a contrary provision exists. The State's obligation to return the property to the absentee or to a superior rights holder is reserved. 1

This provision does not impose on every estate whose death date is known but whose heirs cannot be determined a requirement to wait first for ten years. The public notice process under TMK Article 594 is different from the declaration of absence process under Article 588. The ten-year period starts not from the date the person disappeared or the property was left empty, but from the fact of official administration referred to in the provision. 1

Where the share of a person whose heirship status is known but who cannot be shown to be alive at the time the inheritance opened is concerned, TMK Article 586 is also taken into account. The return of the absentee or of his or her superior rights holders, and the procedure of return, is described in the article on the declaration of absence and the presumption of death and their effect on inheritance. 1

What should an heir who appears later do?

The first step is to present the claim to heirship not only as a description of kinship, but as an unbroken chain of documents. Then the civil court of peace file, the notices, the certificate of inheritance in favour of the Treasury if any, the records of declaration of absence and administration, and the current and historical land registry entries should be obtained. It must be established whether the property is now with the Treasury or with a third party. 1 4 6

If the notice file is still in progress, the competent court is approached and the status and documents are notified. Where a Treasury certificate or entry has been completed, the appropriate action is chosen for the nature of the current transaction. The correction of an incorrect certificate of inheritance and the physical delivery of the property or a change in the land registry entry are not the same request. Obtaining one does not automatically guarantee that the other will be carried out. 1 6

Time limits in an action for recovery based on inheritance rights

Under TMK Article 639, against a good-faith defendant the period is one year from the date the claimant learned that he or she is an heir and that the defendant holds the estate or the relevant asset; in any event, it is ten years from the death of the testator or the opening of the will. For a bad-faith defendant the period is twenty years. Whether the claim rests on statutory or appointed heirship is determined on the facts of the file, and the evidence proving the date of learning must be specified. 1

These periods are statutes of limitation. Their nature is not the same as the notice period; good faith or bad faith is also not determined automatically merely because the defendant is the Treasury. The register file, the date on which the true heirs' information came to light, and the attitude of the relevant persons are important. The fact that the validity of a certificate of inheritance may always be raised does not make the return claim under TMK Article 639 unlimited in time. 1

The distinction shown by the 2025 decision on wrongful registration in the Treasury's name

In its decision of November 26, 2025, E. 2025/149, K. 2025/5365, the 1st Civil Chamber of the Court of Cassation, the certificate of inheritance on which the registration in the Treasury's name was based was annulled in another action; the true heirs were identified, and that decision became final. In a later land registry action, the Treasury raised defences of limitation and preclusive period. The regional court of appeal treated the claim as an in rem action based on wrongful registration and concluded that this action was not subject to limitation or a preclusive period; the Court of Cassation upheld the judgment. 6

The result of the decision is not that "every heir's claim against the Treasury is unlimited." In the concrete case, the final determination of heirship, the disappearance of the basis of the registration and the property right relied on were decisive. The same assessment cannot be applied without examination to a claim for money, a claim for income or a claim for recovery based on inheritance rights, or to property that has passed to a third party. Changing the name of the petition also does not change the real legal relationship.

What happens if the property has been transferred to a third party?

The good faith of a third party who has acquired a right in rem by relying on the land register is assessed separately under TMK Articles 1023–1024. A claim that can be raised against the Treasury may not be directed in the same way against all subsequent purchasers. For this reason, obtaining the records and seeking an appropriate protective measure in good time are important. The return of the property, the proceeds, and the liability claims must be distinguished according to the concrete legal basis. 1

Does long use of a property confer heirship or ownership?

Farming or cultivating a property, paying its tax or living in it does not by itself prove that the user is an heir. Heirship and the conditions of acquisition by possession are different. Likewise, the presence of the former owner's name in the land registry and the absence of a transfer do not create an "ownerless property" that anyone may use. 1 5

In its decision of March 26, 2026, E. 2025/3787, K. 2026/1597, the 7th Civil Chamber of the Court of Cassation, a claim based on TMK Article 713(2) was examined. Where the cadastral determination was in substance made in the names of the heirs, and the plea that the owner had died could not be applied because the heirs' names were not written in the record for lack of a certificate of inheritance, the dismissal of the action was upheld. This is not a general rule resolving all possession disputes, but it shows that the outcome cannot be based on long use without examining the actual content of the records. 8

What changes where the testator is a foreigner or the heir lives abroad?

Under MÖHUK (Law No. 5718) Article 20, the inheritance is in principle governed by the national law of the deceased; Turkish law applies to real estate in Türkiye. The third paragraph of that article provides for the passing to the State of an estate in Türkiye that has no heirs. The inability to find a civil registry record in Türkiye does not show that the foreign person had no heirs in another country. Heirs and documents must be investigated according to the law that applies. 3

Foreign death and civil registry records, foreign certificates of inheritance, translations and certifications are assessed according to the type of document and the relevant international instruments. Specific restrictions on the acquisition of real estate and the rules applicable in time to deaths that occurred long ago may also be significant. For this reason, neither of the two extreme approaches is correct: that "the Treasury takes it because the person was a foreigner," or that "a foreign document alone changes the registration in Türkiye." 3 6

A person living abroad must document his or her heirship claim even if he or she has not actually come across the public notice, and must investigate promptly the date of learning and the present registration. Where the file contains a foreign element, an examination of international jurisdiction and the applicable law is added to the general statement regarding the notice. 3

How are the competent court, application costs and preparation of the action determined?

In the protection of the estate, official administration, the inquiry into heirs and the procedures under TMK Article 594, the civil court of peace plays the central role. Subsequently contested actions for cancellation and registration of title, or for recovery based on inheritance rights, are as a rule heard by the civil court of first instance. Jurisdiction must be determined by reference to TMK Article 576 and HMK Articles 11–12, taking account of whether the claim concerns the opening of the inheritance, estate property or the substance of the property. 1 2

Costs may vary according to the number of records to be investigated, the notice, service, translation, on-site examination, expert review and the value of the action. As regards the costs of protective measures, TMK Article 589 separately provides who initially bears them, to be recovered from the estate in future. Application costs must be separated from estate debts and from the costs that the losing party must bear at the end of the action. 1 2

For file preparation, all death and family records, all earlier certificates of inheritance, copies of notices, decisions in the file, the current and historical land registry records and documents showing the present state of the property should be gathered together. In particular, the later-appearing heir should preserve documents showing his or her claim and the date on which he or she learned where the property is. While awaiting completion of the records, where there is a risk to the time limit or to transfer, appropriate legal protection should be considered separately.

Conclusion

The fact that heirs have not yet been found does not mean that the State's heirship can be assumed to be ready. First the death and identity information must be clarified; family and will records must be investigated; the notice procedures must be documented; and the estate must be protected. If the estate does pass to the State, the rules on the official inventory and limited debt liability apply.

For a later-appearing heir, the central issue is not merely to obtain a new certificate of inheritance. The basis of the existing registration, where the property is, the correct type of action and the time limit applicable to that claim must all be determined together. In this way, a concrete course of action can be set up without assuming either that the right has been completely lost because of the missed notice, or that every claim is unlimited in time.

Frequently Asked Questions

Does the estate of a person without children pass to the State?

No. The existence of a spouse, other statutory heirs and an appointed heir is investigated. Having no children does not, by itself, mean that there are no heirs. 1 Details: In what circumstances does the State become a statutory heir?.

If an heir's address cannot be found, does his or her share pass to the Treasury?

Not merely because the address cannot be found. The need for service, representation and protection of a known heir is assessed; if it is also not known whether he or she is alive, the relevant declaration of absence provisions are considered separately. 1 Details: Absence of heirs, unknown heirs and an untraceable address.

How many public notices are made to search for heirs?

Under TMK Article 594, two public notices are made by appropriate means, one month apart. Persons with rights are called to notify their heirship status within one year at the latest, counted from the last notice. 1 Details: How is the public notice made under TMK Article 594?.

Does an heir who misses the one-year notice period lose all rights?

No. The law expressly preserves the right to bring an action for recovery based on inheritance rights. However, the action used has its own time limits, so a later application should not be delayed. 1 Details: What should an heir who appears later do?.

Must ten years always pass before the estate passes to the State?

No. The ten-year official administration condition concerns the special declaration of absence under TMK Article 588. For persons whose death is known but whose heirs are unknown, Article 594 provides a different process. 1 Details: When does the ten-year official administration and the hundred-year condition apply?.

If all close relatives disclaim the inheritance, does the Treasury take it?

If all of the nearest statutory heirs disclaim, under TMK Article 612 the estate is liquidated under the bankruptcy provisions by the civil court of peace, and any remaining value passes to the persons with rights. Disclaimer alone is not a rule that transfers the estate to the State. 1 Details: Under what circumstances does the State become a statutory heir?.

Does the State pay all of the testator's debts?

The State's liability is limited. Under TMK Article 631, it is liable for debts entered in the official inventory to the extent of the values acquired through inheritance; the rules on the inventory and notice apply. 1 Details: What are the official estate inventory and the debt liability in the State's inheritance?.

If the land registry entry is in the Treasury's name, can the true heir recover the property?

In suitable circumstances, yes. The heirship and the basis of the registration are examined, and a claim regarding the document is assessed as an action for correction and registration of title or an action for recovery. The same action and time limit do not apply in every file. 1 6 Details: What should an heir who appears later do?.

Are all inheritance actions against the State free from limitation?

No. The action based on wrongful registration in rem and the action for recovery based on inheritance rights under TMK Article 639, together with other money claims, must be distinguished. The 2025 decision did not make all claims unlimited in time. 1 6 Details: What should an heir who appears later do?.

While heirs are still being sought, who collects the rent?

If there is an official administration decision, the administrator appointed collects the receivables within the authority set out in the law and the appointment decision, and keeps accounts. The person who physically occupies the house does not automatically become entitled to all income. 1 Details: What can an estate administrator do?.

Sources and legal bases

1. Turkish Civil Code No. 4721 (Türk Medenî Kanunu), in particular Articles 7, 29–35, 495–501, 505–506, 510–513, 516–519, 528–530, 575–594, 598, 605–618, 619–639, 640, 705, 713 and 1023–1025. Official text, current law. Access and verification of the relevant provisions: October 13, 2026.
2. Civil Procedure Code No. 6100 (Hukuk Muhakemeleri Kanunu), in particular Articles 2, 4, 11–12, 33, 382–385 and 389–399. Official text, current law. Access: October 13, 2026.
3. Law No. 5718 on Private International Law and Procedure (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Articles 20 and 43. Official text, current law. Access: October 13, 2026.
4. 14th Civil Chamber of the Court of Cassation (Yargıtay 14. Hukuk Dairesi), February 9, 2021, E. 2017/2681, K. 2021/703. Population and land registry research, proof of the place and date of public notices; quashed. Official full text of the decision. Access: October 13, 2026.
5. 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), December 14, 2023, E. 2023/4766, K. 2023/6256. Investigation of the heirship relationship between the de facto user and the registered owner; quashed. Official full text of the decision. Access: October 13, 2026.
6. 1st Civil Chamber of the Court of Cassation (Yargıtay 1. Hukuk Dairesi), November 26, 2025, E. 2025/149, K. 2025/5365. Treasury registration based on an annulled certificate of inheritance, wrongful registration and distinction of periods; upheld. Official full text of the decision. Access: October 13, 2026.
7. Sağlam, İpek. “The Legal Heirship of the State” (“Devletin Yasal Mirasçılığı”), Marmara University Faculty of Law Law Research Journal (Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi), 22(3), 2016, pp. 2473–2495; in particular the views on the right to disclaim at pp. 2488–2491. Academic study, full text. Access: October 13, 2026.
8. 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi), March 26, 2026, E. 2025/3787, K. 2026/1597. Cadastral record without heirs' names and claim based on TMK Article 713(2); dismissal upheld. Official full text of the decision. Access: October 13, 2026.