Powers of the Executor of a Will

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

The deceased may appoint one or more executors in a will. An executor carries out the tasks specified by law and the will in order to fulfil the deceased’s final wishes. This role does not make the executor an heir or turn the estate into personal assets that may be freely used.

Acceptance and Scope of the Office

Under TMK m. 550, the executor must have legal capacity when taking up the office. Unless the executor declines within fifteen days of notification by the judge of the civil court of peace, the office is deemed accepted. The executor may request appropriate remuneration for the work performed.

Unless the deceased prescribed a different scope, the executor identifies the estate’s assets, rights and debts, administers the estate, collects claims and pays debts. Carrying out legacies and preparing a partition plan may also fall within the powers. The rules governing joint work by multiple executors must also be considered.

However, the permission rule and its exception under TMK m. 553 are important for transactions such as transferring estate assets or encumbering them with limited rights in rem. The office is supervised by the judge of the civil court of peace; incompetence, abuse of office or gross negligence may lead to removal. The executor’s liability and the heirs’ rights over the estate are assessed separately.

Source

Turkish Civil Code No. 4721, m. 550–556.

This article has been prepared for general legal information purposes.