Executor of a Will in Turkey: Civil Code Articles 550–556 for Foreign Testators and Heirs
1. Appointment of an executor under Civil Code Article 550
Article 550 of the Turkish Civil Code No. 4721 expressly permits a testator to appoint one or more executors by will. The appointment must therefore be contained in a testamentary disposition. It is not enough for family members to agree after death that a particular relative will act as “executor” in the statutory sense.
The person appointed must have full legal capacity when the duty starts. Article 550 also establishes a specific acceptance mechanism. The Civil Court of Peace notifies the executor of the appointment. From the date of notification, the appointee has 15 days to inform the court that the duty is not accepted. If no refusal is notified within that period, the duty is deemed accepted.
This rule is especially important where the appointed executor lives outside Turkey. A foreign-resident appointee should not ignore a Turkish court notification. The 15-day mechanism is tied to the notification of the appointment, and a decision about acceptance should be made immediately after receipt. If the person will refuse, the refusal must be communicated to the Civil Court of Peace in the required manner.
Article 550 also gives the executor the right to request appropriate remuneration for the service. The Code does not turn the role into a gratuitous family favor merely because the person was named in a will. The scale and reasonableness of remuneration depend on the work performed, the complexity of the estate and the circumstances of the mandate.
Foreign owners who are still at the estate-planning stage can review our separate guide on making a will in Turkey as a foreigner. Appointment of an executor is a separate drafting decision from the validity and form of the will itself.
2. Multiple executors: Article 551
Article 551 regulates the appointment of more than one executor. Unless the testamentary disposition or the nature of the work indicates otherwise, multiple executors perform the duty jointly. This default rule should be considered carefully when an international estate includes property, bank accounts and company interests in different places.
If one executor does not accept, cannot act or later leaves office, the remaining executors continue unless the testator provided otherwise. Even where executors are appointed to act jointly, each one may take necessary action in urgent circumstances. That urgent-action rule prevents the estate from being left unprotected merely because all executors cannot sign or attend at the same moment.
For a foreign testator, the will should be precise if duties are intended to be divided. For example, a testator may want one executor to handle Turkish real estate and another to coordinate non-Turkish assets. Whether such a division achieves the intended result depends on the wording of the testamentary disposition and the law applicable to the relevant succession assets. Generic language should not be used where the estate is structurally complex.
3. Executor powers and duties under Article 552
Article 552 provides the operational core of the institution. Unless the testator has provided otherwise or has assigned only a limited task, the executor is authorized and required to carry out all actions necessary to implement the testator’s last wishes. The Code then lists principal duties.
Inventory of the estate. After taking office, the executor must prepare without delay a list of estate assets, rights and debts. Where possible, the heirs are present when the list is prepared. This inventory function is fundamental because the executor must know what is being administered before debts, legacies and distribution can be handled correctly.
Administration and possession. The executor administers the estate and may request transfer of possession of estate assets to the extent required for administration. This does not mean the executor becomes the beneficial owner. The authority is functional and directed to estate administration.
Collection and payment. The executor collects estate receivables and pays estate debts. A bank balance owed to the deceased, rent receivable, contractual claim or other estate receivable can therefore fall within the executor’s administration. Estate debts must be distinguished from the personal liabilities of individual heirs.
Performance of legacies. The executor carries out testamentary legacies in accordance with the will and mandatory law. A legacy cannot be implemented in a manner that disregards a valid reduction claim or another statutory restriction.
Partition plan. Article 552 authorizes the executor to prepare a plan for partition of the estate. The plan is an administrative step toward distribution; it does not allow the executor to ignore the heirs’ statutory and testamentary rights.
Representation in litigation and enforcement. The executor represents the inheritance community in lawsuits and enforcement proceedings concerning the estate. The executor may also participate in proceedings brought by heirs where the matter relates to the executor’s duty and must notify the heirs of proceedings opened by or against the executor.
The official wording of Articles 550–556 can be checked in the Ministry of Justice publication of the Turkish Civil Code.
4. Selling or encumbering estate assets: Article 553
Article 553 creates an important control on the executor’s authority. Unless the testator has undertaken the relevant disposition, transfer of estate assets by the executor or creation of limited real rights over those assets requires authorization from the Civil Court of Peace. Before deciding, the judge hears the heirs where possible.
The statute contains an exception for dispositions necessary to cover ordinary expenses. The executor does not need separate judicial authorization for every routine payment or ordinary administrative expense. The boundary between ordinary administration and a substantive disposition of estate property must nevertheless be respected.
For Turkish real estate, this distinction is critical. The executor cannot treat a Turkish apartment or land parcel as personal property available for unrestricted sale. If a transfer falls within Article 553, court authorization must be obtained before the transaction. The land registry will also require proof of authority and the documents needed for the particular transaction.
When an estate includes foreign heirs, the executor should plan the court and land-registry stages together. Identity documents, tax numbers, inheritance certificates, translations and powers of attorney may all need to be coordinated before a sale can be completed.
5. When the executor’s duty ends: Article 554
Under Article 554, the duty ends automatically upon the executor’s death or when a reason exists that invalidates the appointment. The executor can also resign by making a declaration to the Civil Court of Peace. The Code expressly states that the duty cannot be abandoned at an inappropriate time.
The purpose is clear: resignation cannot be used in a way that exposes the estate to immediate loss. An executor administering a pending property sale, an expiring claim or an urgent court deadline must account for the estate’s protection when leaving office.
Where several executors were appointed, Article 551 determines whether the remaining executor or executors continue. The wording of the will should therefore be reviewed together with Articles 551 and 554 rather than reading the termination rule in isolation.
6. Court supervision and removal: Article 555
The executor operates under the supervision of the Civil Court of Peace. Article 555 authorizes the judge to take necessary measures upon complaint or ex officio. This supervisory mechanism protects heirs and beneficiaries against inactivity, misuse or serious neglect.
If the executor is found to be incapable of performing the duty, abuses the authority or commits gross negligence, the Civil Court of Peace removes the executor. The statute provides a 15-day period from notification to object to the removal decision before the Court of First Instance; the decision on that objection is final.
An heir who disagrees with a commercial judgment made by the executor should distinguish an ordinary disagreement from statutory grounds for judicial intervention. The court’s supervisory power is directed to proper performance of the legal duty. A complaint should identify the specific act or omission, the risk to the estate and the legal basis for the requested measure.
7. Executor liability: Article 556
Article 556 imposes a duty of care. The executor must act diligently and is liable to interested persons in the same manner as an agent. This is a real legal responsibility, not a symbolic duty.
Liability can arise where estate assets are lost through a breach of duty, time limits are ignored, estate receivables are not pursued, unauthorized dispositions are made, or the executor otherwise fails to exercise the required care. The existence and amount of a claim depend on breach, loss and causal connection.
Executors administering cross-border estates should maintain a clear written record of decisions, payments, notices, inventories and communications. Documentation protects the estate and also allows the executor to demonstrate proper performance if a later dispute arises.
8. Foreign testators, foreign heirs and Law No. 5718
Articles 550–556 explain the Turkish executor regime, but an international estate requires a conflicts-of-law analysis as well. Article 20 of Law No. 5718 provides that inheritance is generally governed by the deceased’s national law, while Turkish law governs immovable property located in Turkey. The official Law No. 5718 text is available from the Ministry of Justice.
The executor should therefore identify the applicable law before assuming that every clause of a foreign will can be implemented identically in Turkey. Turkish immovable property, mandatory heirship protections and Turkish procedural requirements can produce legal consequences that differ from those expected under the testator’s home law.
For the succession-law stage, see our guide on Turkish inheritance law for foreigners under MÖHUK Article 20. For the heirship-document stage, see certificate of inheritance in Turkey for foreign heirs.
If the will infringes protected portions under Turkish law, executor authority does not eliminate the heirs’ reserved-share rights. See our guide to reserved shares under Civil Code Articles 505–506.
9. Drafting and administration checklist
A foreign testator choosing an executor should use a deliberate, document-based process. The will should identify the executor clearly, state whether the authority is general or limited, specify how multiple executors are to act and address replacement or continuation where appropriate. The appointee should know about the role before death; surprising an overseas friend with a complex Turkish estate is poor administration even though the appointment may be legally effective.
After death, the executor should immediately calendar the 15-day acceptance mechanism, obtain the will and court notification, prepare the inventory, secure estate records, identify debts and receivables, determine the status of Turkish property, and review pending litigation or enforcement files. Transactions requiring Article 553 authorization should be separated from routine administration.
- Confirm the appointment and date of Civil Court of Peace notification.
- Decide immediately whether the appointment will be accepted.
- Prepare the Article 552 estate inventory without delay.
- Secure title-deed, bank, company and receivable records.
- Identify and pay valid estate debts.
- Implement legacies subject to mandatory inheritance rules.
- Prepare a partition plan where required.
- Obtain Article 553 court authorization before covered dispositions.
- Keep heirs informed of estate litigation and enforcement.
- Maintain written records demonstrating the Article 556 duty of care.
Frequently Asked Questions
1. Can a foreigner be appointed executor of a Turkish will?
Article 550 focuses on legal capacity when the duty begins. In an international file, the appointee’s ability to act in Turkish court, banking and property procedures must also be documented in the forms required by those institutions.
2. How is an executor appointed in Turkey?
The testator appoints one or more executors in a will under Civil Code Article 550.
3. Is acceptance express?
Not necessarily. The Civil Court of Peace notifies the appointee; if the appointee does not notify the court within 15 days that the duty is refused, Article 550 deems the duty accepted.
4. Can an executor charge a fee?
Yes. Article 550 allows the executor to request appropriate remuneration for the service.
5. Can several executors be appointed?
Yes. Article 551 regulates multiple executors and generally requires joint performance unless the will or nature of the task indicates otherwise.
6. Can an executor sell estate property?
Article 553 requires Civil Court of Peace authorization for covered transfers of estate assets or creation of limited real rights, unless the statutory exception or the testator’s undertaking applies.
7. Who supervises the executor?
The Civil Court of Peace supervises performance under Article 555 and can take measures on complaint or ex officio.
8. Can an executor be removed?
Yes. Article 555 permits removal for incapacity, abuse of duty or gross negligence.
9. Is the executor personally liable for mistakes?
Article 556 requires due care and makes the executor responsible to interested persons in the same manner as an agent where the legal conditions for liability are met.
10. Does appointing an executor override reserved shares?
No. Executor authority is an administration mechanism. It does not extinguish mandatory inheritance rights or valid reduction claims.
Author and legal review
Attorney Halil Bakırcı — Mersin Bar Association, Registration No. 3472. Bakırcı & Keskin Law Office advises international clients on Turkish inheritance, wills, estate administration and cross-border private-law matters. Files throughout Turkey are managed from the Mersin office.
Last reviewed: 15 September 2026. This guide is based on the current wording of Turkish Civil Code Articles 550–556 and Law No. 5718.
Mersin office
Bakırcı & Keskin Law Office can review the will, executor authority, Turkish estate assets and the court permissions required to administer the estate correctly.
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