How to File a Partition Action for an Estate in Turkey

Upon the deceased's death, the heirs become co-owners by law of the assets in the estate; where this co-ownership cannot be ended by agreement, a partition action may be filed.

Precondition for the Action: Certificate of Inheritance and Determining the Estate

Before filing suit, a certificate of inheritance evidencing heir status must be obtained, and the assets forming the estate (real property, movables, receivables, debts) must be fully identified; if the scope of the estate is unclear, an action to determine the estate's assets may be filed first.

The Option of Division by Agreement

Before filing suit, the heirs may divide the estate's assets by consent through an estate partition agreement concluded among themselves. However, where real property is involved, this agreement must be executed in official form before a notary.

Filing the Action and the Competent Court

Where agreement cannot be reached, any one co-owner may file a partition action alone, without needing the other heirs' consent. Under Article 642 of the Turkish Civil Code and the Code's provisions on co-ownership, the action is filed with the civil court of first instance where the immovable property is located.

Division Methods: In-Kind Partition and Sale

The court first examines whether the property can be physically divided in kind among the heirs; if in-kind division is possible, the assets are split and distributed among the shares. If in-kind division is not possible, or if a significant portion of the co-owners request sale, the property is sold through public auction and the proceeds are distributed according to each share.

Points to Note During the Proceedings

Disclosing all assets forming the estate and any third-party rights over them (such as a tenant's rights) during the proceedings is important for the case to progress smoothly; an expert examination plays a decisive role in determining the current value of the assets.

Practical Recommendations

Before filing suit, consider the possibility of division by agreement with the other heirs, as this method is both faster and less costly. If agreement cannot be reached, gather documents showing the scope of the estate and the current value of the assets in preparation for the proceedings.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.