State Succession

Succession law is the branch of LINK[0da400c9e0944d5] that regulates how a person’s estate (terekke) is transferred upon death, to whom and under what conditions. In this process, “legal heirs” are individuals who, by law and regardless of the deceased’s will, are entitled to inherit under the law system. Under Turkish Law, legal heirs determined by the group system are examined in two main groups: kinship and the surviving spouse. However, in special circumstances, even those outside these two groups may become legal heirs.

Turkish Civil Code Article 501- The estate of a person who dies without leaving any heir passes to the state.

State succession differs from other forms of legal succession and arises only as a last resort. According to the Turkish Civil Code, when the deceased has no legal heir—neither by blood relation nor by surviving spouse—and has not designated any heir through a valid will, the estate passes to the state. This is a consequence of the principle that “there can be no ownerless estate”.

The following conditions must be met for the state to become an heir:

• The deceased must have no legal heir at all, including both blood relatives (descendants, parents, siblings, grandparents, etc.) and the surviving spouse.
• The deceased must not have designated any heir through a valid will.
• The deceased must be a citizen of Türkiye.

The process of estate transfer to the state is carried out by the peace court. Court investigates whether the deceased had any heirs. If necessary, it publishes notices to invite potential heirs to claim the estate. If, after this process process, no heir is found, the estate passes to the state.

Turkish Civil Code Article 594- If it is unknown whether the deceased had any heirs or if all heirs are unidentified, the peace judge shall publish two notices at one-month intervals using appropriate means, calling upon potential claimants to declare their status as heirs within one year from the date of the last notice. If no one applies during the notice period and the peace judge finds no heir, the estate passes to the state, preserving the right to bring an action for ownership based on succession.

As heir, the state acquires all rights and obligations pertaining to the estate. However, unlike other heirs, the state is liable for the estate’s debts only up to the value of the assets it inherits through succession. This is a requirement of the principle of “limited liability”. The state is also obligated to formally compile the estate’s official register ex officio.

Turkish Civil Code Article 631- When the estate passes to the state, the peace court shall, ex officio and in accordance with the above procedures, compile the official register of the estate. The state is liable only for debts recorded in the register, up to the value of the assets inherited.