How Does the Court Decide in the Lawsuit for Opening a Will
The court ensures the fair distribution of the will to the heirs, regardless of the value and amount of the subject matter of the lawsuit. The Family Court (Sulh hukuk mahkemesi) hears the lawsuit for opening a will. The court that ensures the distribution of all movable and immovable property and rights also resolves the issue of dissolving co-ownership. It fully protects possession of movable and immovable property. Furthermore, it can order the eviction of leased immovable properties through execution and ensures the most accurate distribution of property by resolving all disputes that arise among heirs.
How is the Lawsuit for Opening a Will Heard
The will is opened by the Family Court within one month, regardless of its validity. The will is read to the relevant individuals, taking into account the domicile of the testator. Heirs are summoned to court, and the will is disclosed. An authenticated copy of the parts of the will that concern them individually is served by the judge to the heirs who have the right to inherit. The expenses in the lawsuit for opening a will belong to the estate. For heirs who do not appear in court, the relevant parts are published and served. After the lawsuit is resolved, the same procedure is applied to any other wills that emerge.
