It is a common problem how to open the execution follow-up or how to continue the follow-up operations when the debtor dies before the execution. It may be a waste of time and put a great burden on creditors financially in these kinds of situations.
The Regulation About The Time Periods
Due to the depths of inheritance, the follow-up must be withdrawn within three days along with the day of death according to article 53 of the Enforcement And Bankruptcy Act. There can be no follow-up on heirs for a period of three days and three months at the time of the deceased’s death.
Why There is A Regulation About Time Periods?
The three days period is about adjournment and the three months period is about the time for heirs to disclaim the inheritance. After the period of refusal of the inheritance, the creditor or his proxy may follow up against the heirs of the debtor with the declaration of succession belonging to the debtor (certificate of inheritance). After the 3-month period, which is the period of refusal of the inheritance, the creditor requests authorization from the relevant executive office to obtain a certificate of inheritance. With the authorization certificate obtained, the creditor can obtain the inheritance certificate belonging to the debtor from an authorized magistrate court or notary. The creditor requests that the prosecution be directed to the heirs with the certificate of inheritance they have received.
Since the heirs have a joint responsibility, the creditor can direct the follow-up against the single heir as well as continue the follow-up against all heirs also.
The Point To Note
If execution follow-up has been completed about the deceased person, there is no longer a need to send an execution/payment order to the heirs. The heirs have no right to object to the debt in this case. It is enough to send a memorandum to the heirs.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of DEATH OF DEBTOR BEFORE EXECUTION including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of DEATH OF DEBTOR.
Whether you need legal advice, representation, or assistance with a legal matter, our law firm in antalya is here to achieve the best possible results with a strong commitment to our clients.
