Joint Disposition and Representation in the Community of Heirs

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

Where there is more than one heir, a community of heirs covering the rights and debts of the estate arises upon death and continues until partition. Under TMK m. 640, the heirs own the estate jointly in undivided ownership. This structure does not mean that each heir holds a separate co-ownership share in every asset that can be freely transferred.

Powers of Administration and Preservation

Subject to powers of representation and administration arising from an agreement or the law, rights belonging to the estate must be disposed of jointly. However, every heir may request protection of estate rights; the protection obtained benefits all heirs. A protective measure does not confer the same authority as transferring an asset or using its income personally.

At the request of an heir, the civil court of peace may appoint a representative for the community until partition. Appointment of a representative neither changes inheritance shares nor makes a single heir the owner of the entire estate. Its purpose is to meet the community’s need for administration and representation.

The heirs’ joint and several liability for estate debts must also be considered. An internal partition arrangement made by an heir with the others does not automatically extinguish creditors’ rights in every case. Transferring an inheritance share also differs from disposing of a particular estate asset; TMK m. 677 separately regulates the form and effects of agreements between heirs or with third parties.

Source

Turkish Civil Code No. 4721, m. 599, 640–641, 677.

This article has been prepared for general legal information purposes.