In short
Without a certificate of heirship, the file does not pass to the heir. When the creditor dies, the enforcement office does not choose a name from inside the estate and change the creditor box. The enforcement does not have fallen by the news of the death. The certificate shows who the heir is. Assignment of the claim is not the name of this passing.
The box does not change before the certificate enters the file
The certificate of heirship shows the capacity of heir and, if it is in the certificate, the share. How the certificate is taken out is in the writing the certificate of heirship. This text does not build the steps of that application. The enforcement office does not scan the population record by itself and update the creditor's name. Family correspondence, a funeral announcement or access to a bank does not stand in for the certificate.
When the certificate is presented, which file, which claim and which heir will be written stands in the petition. The petition does not announce as an heir a person who is not in the certificate. A share that is not written in the certificate is not added to this text. If the certificate and the petition conflict, a name outside the certificate is not written in the box. If one page of the certificate is missing, the name on the missing page is not completed from the other page. A name that is not completed is not written on the letter of attachment.
If the certificate was corrected later, the copy that stands in the file is read. A draft of the correction does not change the box before it enters the office. A foreign certificate standing in the file does not mean that every certificate was accepted by itself. Acceptance or refusal is read from the step in the file. When there is no step, this text does not announce the certificate as valid or invalid. A certificate that is not announced does not carry the creditor's name by itself either.
One name does not take the whole amount
If there is more than one heir in the certificate, the cover is not turned into a single name by erasing the others. Until a distribution or a transfer shows that the claim gathered in one heir, a single name is not counted as the owner of the whole amount. Who may make the request alone is read from the capacity in the certificate and, if there is one, from the papers of distribution. If the papers are silent, one heir's message does not turn the others' shares into an instruction of attachment.
A dispute of shares among the heirs does not write a second debt to the debtor. The debtor shows, by a receipt, the account of the payment they made to the person who appears as the creditor in the file. The receipt does not make a party of an heir whose name is not in the certificate. A full collection to both of two heirs does not give rise to the claim twice. One heir's waiver does not cover the others if it is not written in the certificate that the others waived as well. Whichever name the paper of waiver carries, that name is read.
If the certificate writes a parent, a guardian or a curator for a minor heir or a person under guardianship, that capacity is read from the certificate. If it does not write it, a person from inside the family is not chosen as representative by themselves. If the representative has a separate paper of authority, the paper must show for which file it was given. If it does not show it, the paper is not treated as having asked for an attachment in the place of all the heirs.
The old power of attorney does not stay with the heir
The power of attorney of the creditor who died does not become the heir's power of attorney. The death does not give the old attorney authority to ask for a new attachment in the name of the heirs. If the heir will continue the enforcement with an attorney, they present their own power of attorney to that file. A power of attorney that is not presented is not counted as the continuation of the old signature. Steps that were made earlier in the file do not become absent by themselves with the death. A step that does not become absent is not written in the place of the new power of attorney either.
If there is more than one heir, each one's power of attorney is read in their own name. One person's attorney does not become the holder of the request for the other's share that is not mentioned in the certificate. A joint power of attorney must show which names it counts. A name that is not counted is not covered by a joint sentence. Sample papers the old attorney left in the file do not stand in for the new power of attorney. The sample shows which file belongs to whom. A folder that does not show it does not give rise to a signature in the heir's name.
Revocation of the attorney is another paper. Revocation is the living creditor taking the representative back. Death is not put in the place of the document of revocation. If the two records mix, which one was annotated in the file is read from the papers. When there is no annotation, the news of the death is not read as if the revocation had been entered.
Collection and the remaining amount
A collection that entered the file before the death is read from the record it entered. The record is not erased while the certificate of heirship is waited for. To whom the remaining amount will appear to belong is read when the certificate enters the file. Before the certificate enters, the remaining amount is not separated as one heir's personal claim. An amount that is not separated does not have a full instruction of attachment written to a single name.
If the debtor made the payment to a relative whose name is not in the certificate, the receipt does not make that relative a party. If the receipt was entered in the creditor box in the file, it is read in the form it was entered. If it was not entered, the receipt does not change the box by itself. Payments made separately to two heirs do not turn the single claim on the cover into two claims. Which payment was written to which file is looked for from the number on the receipt. If there is no number, the payment is not completed as the collection of this file.
If the heirs wrote a distribution among themselves, the writing does not erase the names on the cover before it is put in the file. If the writing was put in, a result that goes beyond the capacity of heir in the certificate is not added if it does not stand inside the writing. A result that is not added does not build a new sentence of debt to the debtor.
Assignment, and the death of the debtor, are another question
A living creditor transferring the claim is under the heading assignment. Inheritance is not a sale by contract. A sentence of assignment is not built without the certificate. A deed of assignment does not write a list of heirs in the place of the person who died. The list is in the certificate of heirship. If the two papers mix, which one stands in the file is distinguished.
Where the enforcement will be written when the debtor dies is under the heading the death of the debtor. This text does not write the stopping on the death of the debtor, or an attachment on the estate. The period is read from the document of that file. What is read here is that the creditor box does not change without a certificate of heirship. If the creditor is a company and the company is in liquidation, the reading is different as well. Notification to the liquidator is in the writing a claim from a company in liquidation. The closing of the company does not open a box of heirs by the death of a natural person. The name of the officer is not put in the place of the certificate of heirship.
Opening a second file for the same claim does not gain a party for the heir. A duplicate file is in the writing a second enforcement. The second cover does not stand in for the certificate of heirship. The name on the second cover does not change the creditor line of the first file by itself.
The certificate and the population record
A relative who appears in the population record, if they are not in the certificate of heirship, is not written in the file as an heir. If the person who appears in the certificate stands missing on the population printout, the missing printout does not erase the name in the certificate. If the two papers conflict, the certificate of heirship presented to the file is read for the creditor box. The population printout does not correct the certificate by itself. The correction is not entered in the box before a new certificate enters the file.
If there is a representative of the estate or an appointed officer, the duty, if it stands on the line of the court or of the certificate, is read from there. If it does not stand, one of the heirs is not treated as holding the duty by themselves. The officer's request for attachment must show in the name of which heir or of the estate it was given. If it does not show it, the request is not processed as if the whole amount had a single owner. A request that is processed does not make a creditor of a person whose name is not in the certificate either.
An attachment that entered the file after the death, if it was asked for while there was not yet a certificate, is not counted as a change of party without a certificate. What became of the request is read from the annotation of the file. If the annotation operated without writing the heir's name, the attachment that operated is not renamed by itself with the name in the certificate. The renaming is read by the certificate being entered in the file. A certificate that is not entered does not erase the old creditor's name on the letter.
If the debtor made the payment to the old account of the creditor who died, whether the account is recorded in the file is looked for with the receipt. If the account was closed after the death, the closing does not mean that the debt ended. A payment that could not go to the closed account is not counted as a collection unless it is entered in the file. A payment that is entered is not distributed as to which heir it belongs to while there is no certificate either.
If the photocopy of the certificate and the original conflict, the copy that entered the file is read. If the original has not yet been presented, an extra name on the photocopy is not written in the box as if there were an original. A name that is not written is not counted as the holder of the request for attachment. The request is read from the page of the certificate in the file. If a page is skipped, the name in the place that was skipped is not completed. A share is not written for a name that is not completed either. If the writing of the share does not stand on the page of the certificate that is read, it does not stand.
Conclusion
When the creditor dies, the enforcement does not fall. The heir does not become the creditor before the certificate of heirship enters the file. The old power of attorney does not pass to the new party. Assignment, liquidation and a second enforcement do not build this box. The frame is on the page enforcement and bankruptcy. Reading the certificate with the file is done separately through contact. The basis is the provisions of Enforcement and Bankruptcy Law No. 2004 and of Turkish Civil Code No. 4721.