Inheritance Law Issues After an Earthquake: Presumption of Death, Estate Distribution, and Legal Procedures

Earthquakes not only cause tragic loss of life but also bring about complex legal processes.
The assets left behind by deceased individuals pass to their heirs under the provisions of the Turkish Civil Code (TCC).
However, after an earthquake, issues such as the presumption of death, certificate of inheritance, and probate and transfer procedures may create legal complications.

1. Presumption of Death and Declaration of Absence

a) Presumption of Death (TCC Art. 31)

In major disasters such as earthquakes, even if a person’s body is not recovered, they may be deemed legally dead based on the circumstances of the event.
This presumption allows the death to be registered in the civil registry and enables the initiation of inheritance proceedings.

b) Declaration of Absence (TCC Arts. 32–33)

If a person has been missing for a long time or has disappeared under circumstances of mortal danger, a court declaration of absence can be requested.
For individuals missing after an earthquake, this declaration allows the estate to be distributed.

2. Certificate of Inheritance

Heirs must obtain a certificate of inheritance (also called a probate certificate) from the civil court of peace or from a notary in order to take control of the estate.

• The document lists all legal heirs and their respective shares.
• After major earthquakes, delays may occur in courts and notaries due to increased case volumes.

3. Distribution of the Estate

a) Legal Heirs (TCC Art. 495 et seq.)

1. Descendants: Children and grandchildren
2. Parents and their descendants: Mother, father, siblings, nephews/nieces
3. Grandparents and their descendants
4. Spouse: Legal heir in all categories

b) Special Situations in Distribution

• If two individuals die in the same event, TCC Art. 29 applies: they cannot inherit from each other; the inheritance passes to their respective heirs.
• If one spouse survives, the matrimonial property regime is liquidated first, and then the estate is distributed.

4. Inheritance and Transfer Tax

• Assets inherited after an earthquake are subject to inheritance and transfer tax.
• In disaster zones, tax deferrals or exemptions may be granted.
• Normally, the tax return must be filed within 4 months from learning of the inheritance, but this may be extended in disaster situations.

5. Common Issues in Practice

• Inability to initiate inheritance proceedings due to the absence of a recovered body
• Multiple heirs dying simultaneously (double succession)
• Destruction of property records in the earthquake
• Inability to access bank accounts without a certificate of inheritance

6. Recommended Solutions

• Apply promptly to the court for a presumption of death or declaration of absence
• Obtain the certificate of inheritance without delay for property and bank transactions
• Conduct an inventory of assets before distribution
• File a partition lawsuit if heirs cannot agree on the distribution

Inheritance law proceedings after an earthquake are both emotionally and legally challenging.
The Turkish Civil Code provisions on presumption of death, declaration of absence, and estate distribution guide these processes.
To avoid loss of rights, heirs should work with an experienced lawyer and comply with all legal deadlines.