Heirship of The State of Turkish Republic Under Turkish Inheritance Law
If the inheritor dies without leaving an inheritor, such as the upper lineage or a spouse, their inheritance remains entirely with the state. It is necessary that no one should be appointed as an heir by doing a testimony disposition such as wills or inheritance contracts in the health of the inheritor.
The state is entitled to the inheritance as a whole, just like other legal heirs. if an heir appears, after the inheritance of the inheritor passes to the state these people can file an action for the recovery of the title against the state.
The inheritor must be a Turkish citizen in order for the state to be inherited under Turkish Inheritance Law.
The inheritance of the state can be in question through a testimony disposition made by the inheritor by appointing the state as an heir.
In fact, the inheritor that left the legacy can even appoint the state as a partial heir in this way. It is also possible for the state to be the creditor of the will, so the state can request a share from the inheritance in proportion to its share. This depends on the state’s right from the inheritor’s assignment.
There is a peculiar situation regarding the responsibility of the state for the debts of the inheritor under Turkish Inheritance Law.
More rights the state has in the inheritance, the more it will be responsible for the debts of the inheritor. The state is not responsible for all the debts of the inheritor under Turkish Inheritance Law.
The state’s heir has the status of legal heir. The national law of the deceased must be applied If there is an inheritance problem with a foreign element. For the immovable properties in Turkey, the Turkish law must be applied. It will be necessary to evaluate according to the national law of the inheritor if these immovable are in a foreign country, not the law of the country where the immovable is located.
In order to determine whether the inheritor has any heirs or not, an announcement will be opened by the Magistrate Judge and it will be repeated twice. If there are people claiming to have the title of inheritance, they should report the situation to the competent authorities after the announcements.
The state does not have the status of reserved portion of inheritance so it does not have the rights which reserved portioned heirs have.