Tereke, people left behind after death;
Money,
Vehicle,
right to claim,
Business,
Tangible property values such as real estate
It is the name given to all debts.
In other words, inheritance includes all private law relations that can be transferred and acquired in the life of the inheritor. The rights that are strictly attached to the person end with the death of the inheritor. In this respect, the estate may not be equal to the goods acquired in the health of the inheritor.
In such cases, it is difficult to determine the existence of the estate and what it covers in case of existence. Therefore, the heirs can request the determination of the estate by filing a lawsuit for the determination of the estate.
The case for the determination of the estate is a type of lawsuit filed by the heirs after the death of the heir to determine the active and passive of the estate and has the characteristics of a procedural determination lawsuit. The lawsuit for the determination of the estate is opened for two reasons:
First reason; The heirs do not know exactly how much property the deceased has. Because the heirs do not have comprehensive information about the assets and debts of the inheritor, they cannot know whether they will incur a loss if they accept the inheritance. For such cases, the Turkish Civil Code (TMK) has given the heirs the right to demand that the book of the estate be kept in order to protect the interests of the heirs.
The second reason is; due to the demand for the protection of the estate. For example, until the estate is divided among the heirs, if some heirs are abducting property from the estate, other heirs may apply to the Court and request that the estate be sealed and the estate book kept.
With the case of determination of the estate, all necessary measures are taken ex officio by the court or by the judge of the Civil Court of Peace, upon the request of one or all of the heirs, for the protection of the property and rights subject to the estate by the state. These measures are;
Writing the property and rights in the estate,
To seal the estate,
The official management of the estate,
It is about the opening of the will.
Expenses related to the measures, to be taken from the estate in the future, by the applicant; Prevention is covered by the State when the judge decides ex officio. (Turkish Civil Code. 589)
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