Determination of Estate Lawsuit: Identifying Assets and Debts

When a relative passes away, if you do not know exactly what they left behind (which banks hold money, where acts are located, how much debt exists), the legal remedy is the “Determination of Estate Lawsuit” (Terekenin Tespiti Davası).

1. What Does This Lawsuit Do?

The court writes to all relevant state institutions (Land Registry, Banks, Traffic Registry, Tax Office) to query all Assets and Liabilities registered under the deceased’s name.

• This answers the question: “Are there any hidden assets or debts?”
• This is not a “distribution” lawsuit, but a discovery process.

2. Protection of the Estate (Official Inventory)

If there is a risk of assets being smuggled or lost, you can ask the court to “Protect the Estate”.

• The court can block bank accounts.
• It can order rental income to be deposited into a court account.
• It can appoint an Estate Administrator to manage the assets.

3. Gaining Time for Refusal

If heirs suspect debt, filing this lawsuit clarifies the financial situation. Importantly, the 3-month clock for “Refusal of Inheritance” stops while this official inventory process is ongoing. This allows heirs to make an informed decision.

FAQ

Can I withdraw money with this lawsuit? No. This lawsuit only finds the money. To withdraw it, you need a Certificate of Inheritance and agreement among heirs (or a separate dissolution lawsuit).

Legal Support: We manage the process of official estate inventory and asset protection.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.