Enforcement & bankruptcy · Legal information

What Is Read If a Payment Order Comes to an Heir for the Deceased's Debt?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a payment order comes to an heir for the deceased's debt, the place that is read is the capacity line in the service. The heir is not written, by themselves, with their whole estate in the place of the deceased. The line may carry the capacity of heir, it may show the estate, or it may stand empty. The gap is not filled as a personal debt. A share is not calculated from this order. How the enforcement continued when the person died is not rebuilt in this text.

The order having arrived does not prove heirship by itself either. Heirship is read from the document standing in the file. If there is no document, family information does not complete the list.

The capacity line in the service

The debtor box of the payment order and the addressee on the service return are placed side by side. If the two are not the same sentence, which one carries the capacity is read from the paper. The name alone being written does not mean the deceased's debt passed to all of the person's personal property. The name is not the short form of the capacity. If the capacity does not stand on a separate line, the line that does not stand is not derived from beside the name.

The annotation of service does not change the debtor box by itself. If the annotation went to the deceased's old address and came back, this return is not read as service made on the heir. The ground of the return envelope is not the subject of this text. What is looked at here is to whom, and in which capacity, the order went out. If the name on the envelope and the debtor box in the order conflict, both are kept. The conflict is not closed by being forced onto a single name.

If there is more than one heir, the order may carry only one of their names. The names of the others are not added to the list by being known from the family. A name that is not added does not mean the order wrote them as debtors too. Who was written is read from the box on the paper. If the box is empty, the gap is not filled as the nearest relative.

The words of the estate and the capacity of heir

The words of the estate show the deceased's property. The capacity of heir is the writing that ties the person to the deceased's debt in that capacity. Being written as a person is a third appearance. These three writings are not pasted in each other's place. A writing that is pasted is not treated as having changed the box in the file.

If the words of the estate are standing, the enforcement is read as directed at the deceased's property. While the words are standing, the heir's own salary or their own account is not added, from the last line of the order, as property of the estate. If the capacity of heir is standing, the capacity is placed side by side with the record of heirship in the document. If there is no record, the capacity does not by itself make all the personal property the debtor. If the writing as a person is standing, this writing is not an announcement that the deceased's debt became a personal debt. If there is no sentence of that separately in the file, the sentence is not completed.

If there is a record of a representative of the estate or of a trustee, the capacity is in that record. When there is no record, a representative is not assumed. A representative who is not assumed is not written beside the heir's name. A representative who is not written is not the person who received the order either. The person who received it cannot change the capacity box.

The deceased's item stands separately

If the item of the claim is an instrument, a contract or a judgment belonging to the deceased, the owner of the item is the person who died. A debt that carries the heir's own signature does not enter this order as the deceased's debt. Their own signature is the subject of a separate enforcement. The separate subject is not pasted onto the capacity line of this order. If the cover says the deceased's debt, whom the basis document belongs to is read from the file. When there is no basis, the sentence of the cover does not produce a debt.

If the judgment was built in the deceased's name, the operative part shows the deceased's item. If the operative part is not in the file, the operative part is not completed as the heir's debt. If the contract carries the deceased's signature, the signature line is kept. If the heir's signature is not on that contract, the absence is not treated as added later. A signature that is not added does not arise from the debtor box of the order either.

The amount may have been written as the whole of the deceased's debt, like the heir's personal debt. This writing does not stand in for the capacity line. The writing may stand as if it spread the principal amount in the document onto all of the heir's property. If the spread has no counterpart in the capacity box, it is not read from the box. A spread that is not read does not mean the single figure on the cover is correct.

Personal property does not enter the estate by itself

The heir's salary, their own account and a title registered in their own name do not become property of the estate by the payment order arriving. The list of the estate is a separate document. When there is no list, personal property is not treated as written on the list. If the attachment minute showed the property as the estate, the property in the minute and the capacity in the service are compared. The comparison is not an account of a share. Even if the address in the minute is the heir's house, the house does not stand in for the list of the estate.

If a salary writing went to the employer in the heir's name, the identity line in the writing is read. If the identity carries an old number belonging to the deceased, the writing is not treated as having aimed at the heir's own wage. If the number belongs to the heir, this belonging does not change the capacity line as a personal debt. A capacity that does not change does not produce a result that the whole of the salary will be deducted either. The frame of the deduction is read from the attachment writing in the file. If there is no writing, a deduction is not assumed.

The person who received the service does not change the capacity box either. The annotation of delivery may show whom the paper was given to. The annotation is not a sentence that all of the heir's personal property is the debtor. If it is written in the annotation that they are a relative, the kinship does not stand in for the list of the estate. The list is still a separate document.

Property registered in the spouse's name is not written as the debtor by the order that came to the heir. That separation is in an attachment on a spouse's property. This text does not build a sentence of a joint debt from the marriage. A sentence that is not built is not built from the last line of the order either. The spouse also being an heir does not join the two capacities in a single box. Each capacity stands on its own paper.

A share document does not come out of the order

An inheritance share and a reserved share are not taken out of this paper. The account is looked for in those documents if a certificate of heirship and a record of the estate are in the file. The document is not carried into this text. A document that is not carried does not become a share by a petition either. If the document counts more than one person, the persons who are counted are not announced as debtors in this text even if they are not written in the order. The announcement does not leave off looking at the box of the order.

If the heir is a minor, a parent or a guardian is not written into the order from family information. If a record of a trustee or a guardian is in the file, the record is read by its own name. If there is no record, the addressee of the order is the name written on the paper. A parent is not added beside the name that was written. A parent who is not added does not join personal property to the estate.

If there is a record in the document of a renunciation, or of the estate being kept separate, the record is kept. The record does not change the capacity line of the order by itself. The change is read from the annotation if there is an annotation of this in the file. When there is no annotation, the record does not make the order invalid either. The two papers stand side by side. Standing side by side is not tied to a result sentence in this text.

If the item is maintenance, the procedure of collection is in enforcement of a maintenance debt. A guide to maintenance is not pasted onto the capacity line. A sentence of maintenance does not make the other items of the deceased's debt into maintenance too. The other item stays in its own name.

If separate orders went to more than one heir, the capacity box of each order is read on its own paper. A writing as a person in one order does not change the words of the estate in the other order. Words that do not change are not forced into a single debt. Even if the amount looks the same in orders that are not forced, the same appearance does not make the whole estate of each heir the debtor. Each paper stays with its own capacity. The capacity that remains is not completed from the document if a certificate of heirship is not in the file.

A guide to death does not stand inside this order

The enforcement stopping after the debtor died, and continuing against the estate, is in enforcement when the debtor dies. This text does not summarise that guide. The payment order is not read in the place of that guide. A time is not written into this text. Which office the order came out of does not stand in for the capacity either.

If the name in the order is not the person in the certificate of heirship, the subject goes to enforcement opened against the wrong person. Similarity of names is not solved here. A similar name is not completed as the capacity of heir. If a name that is not completed stands on the service return, its standing is read with the identity line. If the identity line is empty, the gap is not closed by saying the surname is one.

The frame is on the enforcement and bankruptcy page. A copy of the service and the file number stand together in an application of contact. When there is no copy, a capacity is not added.

Conclusion

The capacity is read in the order that arrived. The heir does not pass, by themselves, with their whole estate into the place of the deceased. A share is not written. If the capacity line is not in the file, the line is not completed from this text. Personal property does not enter the list of the estate by the order arriving. The basis is the text of Enforcement and Bankruptcy Law No. 2004.

Legislation

Frequently asked questions

If the payment order came in my name, does the deceased's debt become my personal debt?

The order arriving does not write you, with your whole estate, in the place of the deceased. The capacity in the debtor box is read. If there is no capacity, the gap is not filled as a personal debt.

What is read if the capacity line is empty?

An empty line is not completed as the estate or as the capacity of heir. The line is read from the service return and from the request for enforcement. If it is not on the paper, it is left as absent.

Do I calculate the inheritance share that falls to me from this order?

No. A share, a reserved share and a percentage are not in this text. If a certificate of heirship and a record of the estate are in the file, the rate is read from there. When there is no document, a rate is not produced.

Does the order belong to me because I am the spouse of the person who died?

Being a spouse does not stand in for the capacity in the service. An attachment that goes to the spouse's property is in an attachment on a spouse's property. This order is not a summary of that article.

If the person in the order is not an heir, which article is read?

If the name is not the person in the certificate of heirship, enforcement opened against the wrong person separates the identity. The procedure of the enforcement after the death is in enforcement when the debtor dies.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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