AGREEMENT FOR DISTRIBUTION OF INHERITANCE IN TURKEY
Agreement for distribution of inheritance is a special type of contract including the method of sharing the inheritance among heirs. The aim of the contract is determining proportion of shares by the heirs.
In case the distribution is not conducted manually, the contract will be valid and bounding for the heirs if it is in written form. In addition, this written contract should be signed by all heirs.
Distribution agreement can be prepared from the opening of the succession until the distribution is completed by another means of sharing. The agreement that is performed before death of the legator, should be regarded as invalid because it’s an immoral contract.
Prior to the distribution agreement, the case filed by one of the heirs for inheritance distribution doesn’t constitute an obstacle for preparation of that contract. In this case, the lawsuit will be settled amicably.
After the distribution agreement, there will be a handover for movable properties in the heritage. For real estate, transfer of transactions will be implemented at the land registry office.
Distribution agreement is an exception of the rule that the transfer contract will be arranged by the Notary. According to that, if the distribution contract is organized by notary approval, it provides an opportunity of submitting this contract directly to the land registry office and enrolling it officially.
DISTRIBUTION OF INHERITANCE CASE AND ITS EFFECTS
If it is not possible for heirs to reach an agreement due to the method of inheritance distribution, each heir has the authority to file a distribution suit in order for the distribution to be conducted through court.
This case should be filed in the nearest Civil Court of Peace to the legator’s dwelling. The heir filing the suit should state all other heirs as defendants. In addition, the case should be filed in the purpose of whole inheritance to be shared.
The judge in distribution case, allocates the benefits and assets belong to all heirs according to the groupings of inheritance share in the form it enables each heir to become a holder of right individually. However, if the conditions are not available for that allocation, the shares are distributed through sale of the assets.
There is no time limit on filing a distribution of inheritance case. Thus, this case can be filed from the opening of the succession until the distribution of inheritance by another means.