Inheritance in Turkish Law
The heirs must be alive at the time of death in order for the inheritance in Turkish law. The exception of this is the inheritance of the fetus.
The passage of the inheritance to the heirs takes place as a whole. This means that the transition of the inheritance takes place in the way that all rights and obligations are transferred to the heirs. Inheritors can not only demand the passage of rights without debts.
All heirs become owners of the rights and debts by participating together with the passage of the inheritance. This is called co-ownership in law. None of the heirs can act alone on the inherited property as a result of this rule, they have to act together. The inheritance should be shared among the heirs in order to eliminate the condition of acting together.
Heirs must be eligible to be heirs for the passage of inheritance. They cannot be entitled to be inheritors if they are unworthy to inherit. Only natural entities can be inheritors, not legal entities nor animals. The exception is the inheritance in Turkey as a legal entity.
There is an opening of the succession with the death of the inheritor in Turkish Law. Inheritance-related acquisitions and distributions are made according to the status of the inheritor’s assets at the time of death. The important thing is who were alive at the time of the death of the inheritor and the state of the inheritance’s assets.
Those who claim rights on the inheritance in Turkish law have to prove the death of the inheritor. They can do this by showing the population registry records or by showing the declaration of absence which is being made by applying to the court and taking a declaration of absence in cases where the death of the person is possible when the body cannot be reached. The transition of inheritance in Turkish law in case of death shows different characteristics from the transition of inheritance in Turkish law in case of there is a declaration of absence. In fact the person that a declaration of absence is given for is likely to return. That is why heirs are being expected to show a guarantee in order to not behave unjustly towards the superior rightful person if they return in the future. This warrant can be shown as an indemnity or as a pledge.