In short
The question of what happens to enforcement proceedings when the debtor dies separates the point that the proceedings do not pass of themselves to the heir personally. Enforcement and Bankruptcy Code Article 53 stops the proceedings for three days, including the day of death. If the heirs have not yet accepted or disclaimed the inheritance, this period extends until the end of the periods written in the statute for disclaimer. If the death occurred while the proceedings were running and the estate has not been divided, the steps can continue in respect of the estate.
Proceedings against an heir are limited to realisation of a pledge or to attachment. Another inheritance period that is not written in the file is not added. A period that is not added does not make the estate the heir's personal property.
Three days and the period for disclaimer
The day of death is included in the period. The three days are not a day for immediate attachment against the heir. If the heirs have not given a declaration of acceptance or disclaimer, the proceedings stay back until the disclaimer periods in the Turkish Civil Code run out. The ordinary period for disclaimer is three months from the date the heir learned of the death. Drawing up an inventory of the estate, or an official liquidation, changes this calendar. The changed calendar is read from the decision in the file. An extra month is not written when there is no decision.
Disclaimer is not a finding, as against the creditor, that there is no debt. An heir who disclaims is, as a rule, released from the debts of the estate. The creditor protects their right against the estate during the disclaimer period. Protection is not writing an attachment on the heir's personal account. An attachment that is not written is not built by a petition as a personal debt either.
Continuation against the estate, attachment against the heir
If the debtor dies while the proceedings continue, and the estate has not yet been partitioned, has not been taken into official liquidation and no community of heirs has been formed, the steps that would have been taken if the debtor were alive are taken in respect of the estate. Turning the same file as it stands onto the heirs personally is not part of this rule. Proceedings against them continue by realisation of a pledge or by attachment. The route that continues does not mean the estate is treated as divided.
If fresh proceedings are to be opened, the parties are the persons on the certificate of inheritance. When there is no certificate, a guessed list of defendants made of the spouse and the children is not built. The elements of the request text sit under a request for proceedings without a judgment. How a request for attachment is built sits under attachment in a file that has become final. A name without a document does not fill the asset box of the request for attachment.
Service and jurisdiction
Service issued after the death is read from the endorsement as to whom it was made on. If the endorsement went to the deceased person's old address and came back, that return is not treated as service on the heir. The return record is a neighbour of service of the payment order. The return does not wipe the debt of the estate. A debt that is not wiped is not written as the heir's personal property either.
The debtor's last place of residence, or the place where the estate was opened, is read in the choice of office. If the heirs are resident in Ankara, or if the place of performance is Ankara, an Ankara enforcement office can come onto the agenda. The detail sits under the competent office. A list of districts is not built.
An Ankara lawyer reads from the document that the office being in Çankaya is not said to carry the death to the Ankara office. The competent authority is read from the last residence and the estate record. The heir's property is not treated as attached so that the proceedings will pass of themselves. The district of the office does not change the competent enforcement office. The office address does not take the place of the service address.
The death certificate, the population record and the certificate of inheritance are not the same paper. When one is missing, the other does not complete the list of defendants. A list that is not completed does not mean the estate has been divided either. If there is a decision or a contract, the division is read from that document. If there is no document, division is not assumed. A division that is not assumed does not open a route of attachment against the heir's personal property. A route that is not opened is not built from the last line of the petition either. A route that is not built does not take the place of the three days and the disclaimer period either.
An inheritance period is not added
This article does not add, beside the Article 53 record, an inheritance period that is not written in the file. This article does not announce a new period outside the three days and the three-month disclaimer period.
Conclusion
When the debtor dies, the proceedings stay back for three days and, if there is no declaration of disclaimer, through the period for disclaiming the inheritance. Continuation against an undivided estate and attachment against the heir are separate. The framework is on the enforcement and bankruptcy law page. The official basis is Article 53 of the Enforcement and Bankruptcy Code and the disclaimer provisions of the Civil Code. The defendant is not changed before the death certificate and the certificate of inheritance are seen.