What Happens to Execution Proceeding if Debtor Dies? Heirs'...
Summary: The saying 'Everything ends with death' is not valid in Enforcement Law. As a rule, all debts of the deceased (Muris), along with all their assets, pass...
The saying “Everything ends with death” is not valid in Enforcement Law. As a rule, all debts of the deceased (Muris), along with all their assets, pass to their heirs (Spouse and children). This is called “Universal Succession”.
1. Proceeding Stops (3 Days + 3 Months)
- 3 Day Rule: No execution transaction can be made on the day the debtor dies and the following 3 days.
- 3 Months (Rejection of Inheritance Period): Heirs have the right to reject inheritance within 3 months. The creditor can pursue proceeding during this time but cannot sell assets.
2. Notification to Heirs
The creditor obtains the Certificate of Inheritance of the deceased debtor and sends a Renewal Order to all heirs saying “The debt passed to you, pay it”.
- Now the debtors are the heirs. Attachment can be placed on the heirs’ own personal homes/salaries (Not only on estate assets, attachment can come to everything of the heir).
3. If There is Rejection of Inheritance
If the heir rejected the inheritance within 3 months with a court decision, they are not responsible for the debt.
- When the rejection of inheritance decision is submitted to the execution file, the proceeding against the heir STOPS and IS CANCELLED.
Frequently Asked Questions
Q: What if there is life insurance in bank loan? A: The insurance company pays the loan to the bank within the policy limit. Heirs are freed from debt. However, if insurance refuses payment saying “They hid the illness”, the debt remains with the heirs.
Legal Support: It is possible to get rid of heavy debts left from father by filing rejection of inheritance lawsuit. You can contact us not to miss deadlines.
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Att. Fevzi Yaşkır
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Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.